803 CMR 11.12 - Adverse Decisions by a CRA Acting as Decision Maker

(1) If a CRA is authorized to be the decision maker by an iCORI-registered client, before notifying the client of a potential adverse decision based on a subject's CORI received from DCJIS, the CRA shall:

(a) provide the subject with a pre-adverse action disclosure that includes a copy of his or her consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, published by the Federal Trade Commission, by meeting the subject in person, by telephone, by electronic communication, by fax, or by hard copy correspondence;

(b) notify the subject of the potential adverse decision;

(c) provide a copy of the CORI to the subject;

(d) provide a copy of the CRA's CORI Policy to the subject, if applicable;

(e) identify the information in the CORI that is the basis for the inclination to make an adverse decision;

(f) provide the subject with a copy of the DCJIS information concerning the process for correcting a criminal record;

(g) provide the subject with an opportunity to dispute the accuracy of the information contained in the CORI; and

(h) document all steps taken to comply with 803 CMR 11.00.

(2) If a subject claims that the CORI provided by the CRA is incomplete or inaccurate, the CRA shall investigate the subject's claim, unless the CRA has a reasonable basis to deem the subject's claim frivolous. If a CRA receives a claim from a subject that the criminal history information provided by the CRA is inaccurate or incomplete, and if the CRA obtained the criminal history information from DCJIS, the CRA shall also notify DCJIS, in writing, of the subject's claim and shall also include a copy of the subject's claim of incomplete or inaccurate criminal history information.

(3) The copy of any CORI provided by a CRA pursuant to 803 CMR 11.12(1)(c) shall not be transmitted to the subject by unsecured email.

(4) A CRA obtaining CORI from the DCJIS is subject to the authority of the CRRB.

Notes

803 CMR 11.12

Amended by Mass Register Issue 1333, eff. 2/24/2017. Amended by Mass Register Issue 1445, eff. 6/11/2021.