Investigations, Formal Docketed Complaints and Certificate Holder’s Responsibility to Respond Prior to the Issuance of an Order to Show Cause
Effective Nov 2, 2018Mass. Register #1377M.G.L. c. 112, §§ 108(b) & (g) M.G.L. c. 112, § 260Board of Certification of Community Health Workers
(1) Investigations Generally. Any person or organization may submit information, in any form, alleging misconduct by a certificate holder to the offices of the Board. The Board may direct or authorize that one or more of following actions be taken on its behalf:
- (a) Review all information that they receive alleging or indicating acts or omissions by a certificate holder and to identify whether such acts or omissions, if true, constitute grounds for Board action pursuant to 272 CMR 9.03;
- (b) Request the certificate holder who is alleged to have engaged in the alleged acts or omissions to submit a written response to the allegations and any documents or other evidence in the certificate holder’s possession and control that may be relevant to the allegations;
- (c) Gather additional information as necessary to determine if the alleged acts or omissions are supported by evidence; and
- (d) Initiate a formal, docketed complaint against a certificate holder based on evidence that the certificate holder has engaged in specific acts or omissions that constitute grounds for board action.
- (2) Certificate Holder’s Response. Except as otherwise provided by law, a certificate holder who is asked for a written response to a pending investigation or docketed complaint pursuant to 272 CMR 9.02(1) shall provide such response within twenty-one days of the certificate holder’s receipt of the request. The certificate holder’s written response shall be signed by the certificate holder. A certificate holder who claims that he or she is exempt by law from either responding to the Board or from producing requested documents or evidence to the Board shall provide a written statement setting forth the legal authority on which he or she relies.
(3) Closure of Investigation. If a formal, docketed complaint has not been initiated, the Board may direct or authorize that that one or more of the following actions be taken on its behalf:
- (a) Close the investigation for any of the reasons set forth in 9.04(1)(a)(1) through (3);
- (b) Send an advisory letter in accordance with 272 CMR 9.06(1) to the certificate holder who is the subject of an investigation;
- (c) Reopen a closed investigation on the receipt of new or previously unavailable evidence.