555 CMR, § 12.01 - Scope

(1) 555 CMR 12.00 governs:

(a) The creation and maintenance of records by agencies and officers;

(b) The reporting of information by agencies and officers; and

(c) The auditing of agencies and officers by or on behalf of the Commission, pursuant to M.G.L. c. 6E, § 8(d) or otherwise.

(2) No person or entity shall be required to comply with any provision of 555 CMR 12.00 or any order issued thereunder if:

(a) Compliance would result in:

1. A violation of a privilege against disclosure recognized by law and held by that agency or officer, including but not limited to, the attorney-client privilege and any privilege against self-incrimination; or

2. A federal or state constitutional or statutory provision; and

(b) The agency or officer so informs the Commission, citing the pertinent privilege, protection, or provision.

(3) Nothing in 555 CMR 12.00 is intended to:

(a) Limit any obligations that law enforcement agencies and officers otherwise have under M.G.L. c. 6E, 555 CMR, or another source of authority; or any practices that are consistent with generally accepted law enforcement or human resources standards;

(b) Require a law enforcement agency or officer to obtain or re-create any record that was lawfully destroyed prior to November 8, 2024;

(c) Limit the ability of the Commission to initiate an audit at any time and for any reason;

(d) Establish a standard of care;

(e) Create any power, right, benefit, entitlement, remedy, cause of action, claim, defense, immunity, privilege, or protection on the part of any person or entity other than the Commission, except as expressly provided; or

(f) Otherwise waive or limit any power, right, benefit, entitlement, remedy, cause of action, claim, defense, immunity, privilege, or protection that may be available to the Commission.

Notes

555 CMR, § 12.01

Adopted by Mass Register Issue 1534, eff. 11/8/2024. Amended by Mass Register Issue 1536, eff. 11/8/2024.