555 CMR, § 9.12 - Certification Status

(1) An application process shall be deemed ongoing and not "finally determined," as that term is used in M.G.L. c. 30A, § 13, absent a final decision.

(2) When an application is granted pursuant to 555 CMR 9.00, the new certification shall be deemed to have been issued on, and the three-year period prescribed by M.G.L. c. 6E, § 4(f)(3) shall be deemed to commence on:

(a) The reference date for the officer, 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; and

(b) In all other instances, the later of:

1. The date upon which the application is granted; or

2. The date upon which the applicant lawfully becomes a law enforcement officer with a law enforcement agency.

(3) The granting of a certification shall not preclude the conditioning, limiting, restricting, suspending, or revoking of the certification in accordance with law, when warranted.

(4) The Commission may reconsider, and revise or vacate, a decision on an application for certification, when such action is warranted.

(5) If a decision to certify an applicant is vacated, the applicant shall be deemed to have been certified during the period of time between the decision to certify and the decision to vacate.

(6) A certified officer must promptly notify the Commission of any change in:

(a) Contact information for the officer that has been provided to the Commission;

(b) The officer's place of employment; or

(c) The officer's work status, including on-leave status.

(7) A certification granted pursuant to 555 CMR 9.00 shall be active only while the certified individual is serving as a law enforcement officer for a law enforcement agency, and shall otherwise be restricted.

(8) The following individuals may not execute any type of arrest, as that term is defined in 555 CMR 9.02(2), or otherwise perform police duties and functions:

(a) An individual who is serving as a law enforcement officer as that term is defined in M.G.L. c. 6E, § 1 - whether as an officer of a law enforcement agency; a special state police officer; a special sheriff; a deputy sheriff; a constable; or a special, reserve, or intermittent police officer - but is not certified;

(b) An individual whose certification is suspended;

(c) An individual whose certification has been revoked;

(d) An individual whose certification has been conditioned, limited, or restricted in a manner that precludes the relevant form of activity; and

(e) An individual who otherwise lacks the legal authority to engage in the relevant form of activity.

Notes

555 CMR, § 9.12

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