Possible Action Following Decision Declining to Grant Full SRO Certification
Effective May 12, 2023Mass. Register #1495MGL c. 6E, § 3(a) and (b)Massachusetts POST Commission
(1) An applicant that receives a decision from the Division declining to grant a full SRO certification for an individual may seek review by the Executive Director as follows.
- (a) Within 21 days of the Division's service by email of its decision, an applicant may submit a written petition to the Executive Director requesting review of the decision.
- (b) If the petition will be submitted by the individual alone, the individual shall serve a copy of the petition upon the chief of police by email or first-class mail prior to submitting the petition to the Executive Director, and the petition shall include a certificate of service stating the date of service, the method of service, and the address used for service.
- (c) If the petition will be submitted by the chief of police alone, the chief of police shall serve a copy of the petition upon the individual by email or first-class mail prior to submitting the petition to the Executive Director, and the petition shall include a certificate of service stating the date of service, the method of service, and the address used for service.
- (d) The Executive Director may ask any entity or individual to provide additional information, orally or in writing, or to appear at a meeting concerning the matter. At any such meeting, the Executive Director shall have discretion to determine the extent to which an individual who does not have a right to appear may attend and participate.
- (e) The Executive Director shall provide the individual and the chief of police with a written decision on the petition within a reasonable time.
- (2) Following the process described in 555 CMR 10.08(1), an applicant may request and obtain a hearing before the Commission concerning an application for SRO certification in accordance with 555 CMR 1.10: Final Disciplinary Hearings and Appeals of Certification Decisions.
- (3) The Commission may place an individual's SRO certification on restricted status while review pursuant to 555 CMR 10.08(1) or a hearing pursuant to 555 CMR 10.08(2) is pending.
- (4) The Commission may decline to afford review or a hearing where an application was denied because it was not timely filed.
- (5) Where an individual has received a final decision denying a full SRO certification, the Commission may attach limitations, conditions, or restrictions on the individual's ability to reapply.