555 CMR, § 12.12 - Review of Commission Action Following Audit

(1) Within 30 days of receiving a final Commission report and/or a final Commission order to take or refrain from taking any specified action as a result of a concluded audit pursuant to 555 CMR 12.10(2)(b), the agency may submit a written petition, signed by the agency head, requesting review by the Executive Director and one or more specified forms of relief.

(2) If the Executive Director receives a petition from a law enforcement agency pursuant to 555 CMR 12.12(1), the Executive Director:

(a) May ask the agency to provide additional information, orally or in writing, or to appear at a meeting concerning the matter; and

(b) Shall, within a reasonable time, provide the agency with a written decision on the petition.

(3) Within 30 days of receiving a decision from the Executive Director pursuant to 555 CMR 12.12(2)(b), a law enforcement agency may submit to the Executive Director a written petition, signed by the agency head, requesting further review and one or more specified forms of relief.

(4) If the Executive Director receives a petition from a law enforcement agency pursuant to 555 CMR 12.12(3) in which the agency requests relief from a Commission order to take or refrain from taking any specified action:

(a) A hearing on the matter shall be held by the full Commission, but may, in the Chair's discretion, be heard in the first instance by a presiding officer selected pursuant to a policy established by the Commission; and

(b) The matter shall proceed in conformance with 555 CMR 1.10(4) and (5), except that:

1. Instead of following the provisions concerning notice of 555 CMR 1.10(4)(e)2.a., the presiding officer shall promptly provide the agency head with a copy of the presiding officer's initial decision and file a copy of the same with the Commission;

2. Provisions of 555 CMR 1.10(4)(e)2.b. referring to an officer shall instead apply to the agency; and

3. Instead of applying the provisions of 555 CMR 1.10(4)(c): Standard of Proof, the Commission shall grant an agency such relief as is warranted by a preponderance of the evidence.

(5) If the Executive Director receives a petition from a law enforcement agency pursuant to 555 CMR 12.12(3) that does not request relief from a Commission order to take or refrain from taking any specified action:

(a) The Executive Director shall promptly forward the petition to the Chair;

(b) The Chair shall promptly assign a presiding officer to review the matter; and

(c) The assigned presiding officer:

1. May ask the agency to provide additional information, orally or in writing, or to appear at a meeting concerning the matter; and

2. Shall, within a reasonable time, provide the agency with a written decision, which shall be the final Commission decision on the petition.

Notes

555 CMR, § 12.12

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