555 CMR, § 9.11 - Possible Action Following a Decision Declining to Grant Full Certification

(1) An applicant who receives a decision from the Division declining to grant a full certification may seek review by the Executive Director as follows.

(a) Within 21 days of service by email of the Division's decision, the applicant or an endorsing law enforcement agency may submit a written petition to the Executive Director requesting review of the decision.

1. If an endorsed applicant files the petition, the applicant shall provide a copy of the petition to any endorsing law enforcement agency at the time of its filing.

2. If an endorsing law enforcement agency files the petition, the agency shall provide a copy of the petition to the endorsed applicant at the time of its filing.

(b) 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.

(c) The Executive Director shall, within a reasonable time, provide a written decision on the petition to:

1. The applicant; and

2. The applicant's endorsing law enforcement agency, if any.

(2) Following the process described in 555 CMR 9.11(1), an applicant or an endorsing law enforcement agency may request a hearing before the Commission concerning an application in accordance with 555 CMR 1.10: Final Disciplinary Hearings and Appeals of Certification Decisions.

(3) The Commission may place an individual's certification on restricted status while review pursuant to 555 CMR 9.11(1) or a hearing pursuant to 555 CMR 9.11(2) is pending.

(4) Where an applicant has received a decision declining to grant a full certification, the Commission may attach conditions, limitations, or restrictions on the applicant's ability to reapply.

Notes

555 CMR, § 9.11

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