104 CMR 33.05 - Termination of Candidacy; Denial or Revocation of a Certification, Designation, or Appointment
(1)
The Assistant Commissioner may deny the application or terminate the candidacy
of any person who is a candidate for designation as Designated Forensic
Psychiatrist or Designated Forensic Psychologist designated pursuant to
104
CMR 33.03(3) or (8),
designation as a Qualified Social Worker, or certification as a CJCC I or CJCC
II pursuant to
104
CMR 33.03(14) for good
cause, which may include, but is not limited to, failure to successfully
complete the applicable approved training for designation or certification or
to meet the other requirements for designation or certification within such
time for completion as the Assistant Commissioner may have authorized, or
disciplinary action against the person by the applicable licensing authority.
The termination of candidacy shall not be subject to appeal.
(2) The Assistant Commissioner may revoke the
designation or certification, or deny a request to renew the designation or
certification of any person who has been designated as a Designated Forensic
Psychiatrist or a Designated Forensic Psychologist, a Qualified Social Worker,
or certified as a CJCC I or CJCC II for good cause, which may include, but is
not limited to, performance of work that is no longer at a level of quality
acceptable to the Assistant Commissioner, or disciplinary action against the
person by the applicable licensing authority.
(3) Written notice of the Assistant
Commissioner's intent to terminate a person's candidacy for designation or
certification, revoke a person's designation or certification, or deny a
request to renew a person's designation or certification, stating in general
terms the basis for the decision, shall be sent by certified mail to the last
known address of the person at least ten calendar days prior to the effective
date of the revocation or termination, as applicable.
(4) Any DFP or CJCC who is denied renewal, or
who receives notice of revocation of DFP or CJCC designation or certification,
may request a hearing before a hearing officer appointed by the Commissioner no
later than 20 calendar days after receipt of notice of such denial or
revocation. Said hearing shall be conducted in a manner consistent with M.G.L.
c. 30A, and shall be governed by the informal fair hearing rules of the
standard adjudicatory rules of practice and procedure at
801 CMR
1.02: Informal/Fair Hearing
Rules.
(a) If such a hearing is
requested, the Assistant Commissioner may suspend a denial or revocation
pending the outcome of the hearing.
(b) If a denial of renewal or revocation of
designation or certification is not suspended pending the outcome of the
hearing, or if the appeal concerns a denial of a requested designation or
certification, the hearing shall commence within 30 calendar days of the
effective date of the revocation, termination, or denial, or as soon thereafter
as practicable.
(c) The burden of
proof at any hearing held pursuant to 104 CMR 33.05 shall be on the appellant
to establish that the decision of the Assistant Commissioner did not have a
reasonable basis.
(d) The findings
of fact in the recommended decision shall be binding on the Commissioner. The
Commissioner may modify the conclusions of law and decision where the
conclusions or decision are: in excess of the agency's statutory authority or
jurisdiction; based on an error of law; arbitrary, capricious, or an abuse of
discretion; or otherwise not in accordance with law.
(e) Within 15 days after receipt of the
hearing officer's recommended decision, or as soon thereafter as practicable,
the Commissioner shall issue a decision which shall be the final decision of
the Department.
(5)
Designation as a Designated Physician with authority to admit to a particular
facility is subject to revocation in accordance with the standards and
procedures established for medical staff appointments for that
facility.
(6) Appointment as a
Forensic Mental Health Supervisor pursuant to
104
CMR 33.03(12), or as a CJCC
I or II Mentor pursuant to
104
CMR 33.03(17), may be
revoked at the discretion of the Assistant Commissioner. Revocation of an
appointment as a Forensic Mental Health Supervisor or as a CJCC I or II Mentor
is not subject to appeal.
Notes
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