555 CMR, § 12.13 - Enforcement and Disciplinary Action

(1) Law enforcement agencies and officers are prohibited from engaging in the following forms of conduct:

(a) Failing to comply with 555 CMR 12.00 or an order of the Commission issued thereunder;

(b) "Untruthfulness" as defined in M.G.L. c. 6E, § 1; or

(c) Violating M.G.L. c. 6E, § 12; or otherwise harassing, intimidating, or retaliating against any individual for taking any step, or interfering with one's taking of any step, that is required by M.G.L. c. 6E, 555 CMR, the Commission, or a Commission audit.

(2) If an officer violates 555 CMR 12.13(1):

(a) The Commission may administratively suspend the officer's certification for a specified period of time or until specified conditions are satisfied; and

(b) Upon issuing any such administrative suspension, the Commission shall follow the procedures specified in M.G.L. c. 6E, § 9(d) and 555 CMR 1.09: Single Commissioner Review of Suspensions.

(3) Conduct by an officer in violation of 555 CMR 12.13(1) may be treated as a form of "prohibited conduct" under M.G.L. c. 6E, § 8(c)(2) and 555 CMR 1.02(4).

(4) The Commission may refer information that it obtains through an audit to an appropriate government office for possible criminal or civil enforcement action, pursuant to M.G.L. c. 6E, §§ 3(a) and/or 8(c)(2).

Notes

555 CMR, § 12.13

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