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.
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