555 CMR, § 10.08 - Possible Action Following Decision Declining to Grant Full SRO Certification

(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.

Notes

555 CMR, § 10.08

Adopted by Mass Register Issue 1495, eff. 5/12/2023.