105 CMR, § 803.500 - Investigation of Complaints

The Department shall review all complaints and determine whether the allegations require a formal investigation.

(1) If the Department finds an investigation is not required because the alleged act or practice does not violate 105 CMR 803.000 or any administrative requirement, protocol, or order of the Department pursuant thereto, the Department shall notify the complainant of this finding and the reasons on which it is based.

(2) If the Department finds an investigation is required, because the alleged act or practice may violate 105 CMR 803.000 or an administrative requirements, protocol, or order of the Department pursuant thereto, the Department shall investigate.

(3) If the Department finds the act or practice constitutes such a violation, the Department shall apply an enforcement procedure(s), provided in 105 CMR 803.520 through 803.560, as is appropriate to remedy the situation and the Department shall notify the complainant of its actions in this matter.

(4) Investigation of complaints may lead to enforcement actions, including an advisory letter, a letter of deficiency, or a letter of reprimand; a cease-and-desist order; a correction order, as set forth in 105 CMR 803.530; or a revocation, suspension, or refusal to renew a certification, or a modification of a certification by the Department. The Department may specify in any such enforcement action taken against a Certified Health Officer a requirement to undergo and successfully complete remedial training, in accordance with terms set out in the enforcement action.

(5) Nothing in 105 CMR 803.500 shall limit the Department's ability to resolve a pending complaint by any other action, including but not limited to the imposition of a fine as permitted by law.

Notes

105 CMR, § 803.500

Adopted by Mass Register Issue 1492, eff. 3/31/2023.