118 CMR 14.06 - Requests for Reconsideration

(1) The alleged victim or his or her legal representative, who is aggrieved by the disposition of an investigation conducted pursuant to M.G.L. c. 19C may file with the Commission a request for reconsideration. The alleged victim shall not be considered aggrieved by decisions regarding the screening of an intake, the assignment of an investigator, the deferral of an investigation pursuant to M.G.L. c. 19C, § 12, a jurisdictional determination, a finding of abuse or registrable abuse that has been substantiated against one or more abusers, or a Commission decision on a Petition for Review or Petition for Removal.

(2) The grounds for filing a request for reconsideration are:

(a) The investigation report was not conducted in accordance with:

1. 118 CMR 5.02(1): Minimum Requirements of Abuse Investigations; or 118 CMR 5.02(2): Additional Minimum Requirements of Investigations of Registrable Abuse; and

2. said noncompliance resulted in the reasonable likelihood of substantial prejudice to the alleged victim; or

(b) The conclusions reached in the investigation report are not supported by the preponderance of evidence.

(3) Action upon Request for Reconsideration.

(a) Within a reasonable time frame from the filing of a Request for Reconsideration, the Executive Director or his or her designee shall render a decision in writing on the issue(s) in contention in the Request, including a statement of the nature of the decision, and the reason underlying said decision. If the decision finds that further investigation is warranted, said investigation shall proceed in accordance with 118 CMR 5.06: Commission Review of Investigation Report.

(b) A decision rendered by the Executive Director or his or her designee shall be the final and conclusive determination of the Commission of the grounds raised in the Request for Reconsideration.

Notes

118 CMR 14.06

Adopted by Mass Register Issue 1448, eff. 7/23/2021.