555 CMR, § 9.09 - Conditional Certification

(1) If the Division determines that an applicant has not satisfied any certification standard set forth in 555 CMR 9.08(2), the Division may conditionally certify the applicant where:

(a) The applicant has been unable to meet such a certification standard solely due to circumstances that are beyond the applicant's control and that are attributable to a current or former employer of the applicant, to the MPTC, or to the Commission; and

(b) A conditional certification is warranted by other appropriate circumstances, including, but not limited to, where:

1. The application is substantially complete and does not reveal any basis for denying certification, but certain additional details need to be supplied or certain information needs to be verified;

2. The applicant has been unable to satisfy a certification standard because the applicant was on approved leave during the relevant time or because of another valid reason;

3. The applicant has experienced a demonstrable hardship which has interfered directly with the applicant's ability to meet a certification standard; or

4. The applicant has taken all required steps in connection with the certification process, but circumstances beyond the applicant's control have delayed a final decision on the application.

(2) If the Division determines that an applicant has satisfied all certification standards set forth in 555 CMR 9.08(2), the Division may nevertheless conditionally certify the applicant where it deems a conditional certification warranted, pursuant to M.G.L. c. 6E, §§ 3(a) and 4.

(3) Where the Division conditionally certifies an applicant pursuant to 555 CMR 9.09(1) or (2), it shall set appropriate conditions that must be met in order for the applicant to maintain a certification.

(4) In any case, the Division may attach to an applicant's certification any limitations or restrictions that it deems warranted, pursuant to M.G.L. c. 6E, §§ 3(a) and 4.

(5) Where an applicant is conditionally certified:

(a) If the applicant was certified at the time of applying and is lawfully serving as a law enforcement officer with a law enforcement agency when the application is granted, the Division shall stipulate that the applicant need not satisfy any condition attached to a conditional recertification, and that no time periods associated with any such condition will begin to elapse, before the conclusion of any review or hearing, or the expiration of the time afforded for the officer to seek such review or hearing, pursuant to 555 CMR 9.11; and

(b) In other instances, the Division may, in its discretion, so stipulate.

(6) When an applicant fails to satisfy a condition of a conditional certification within the time allowed, taking into account the provisions of 555 CMR 9.09(5), the Division shall terminate the applicant's certification, unless good cause for an extension of time for the applicant to satisfy the condition has been shown.

(7) When an applicant satisfies all conditions of a conditional certification within the time allowed, taking into account the provisions of 555 CMR 9.09(5), and the Commission has not otherwise limited, restricted, or suspended the applicant's certification, the Division shall convert the conditional certification into a full certification with an expiration date of three calendar years from the date of issuance of the conditional certification under 555 CMR 9.12(2).

(8) An applicant's failure to act in accordance with a limitation or restriction on a certification may constitute grounds for disciplinary action pursuant to M.G.L. c. 6E, §§ 3(a), 4(f)(4), 8, 9, and/or 10.

(9) In all other respects, an individual who holds a conditional, limited, or restricted certification is "certified," as that term is used in M.G.L. c. 6E.

Notes

555 CMR, § 9.09

Adopted by Mass Register Issue 1505, eff. 9/29/2023.