(1) In accordance
with M.G.L. c. 94G, § 4(a1/2)(iii), the Commission has established
qualifications for licensure and minimum standards for employment that are
directly and demonstrably related to the operation of an MTC and similar to
qualifications for licensure and employment standards in connection with
alcoholic Beverages as regulated under M.G.L. c. 138; provided, that a prior
conviction solely for a Marijuana-related offense or for a violation of M.G.L.
c. 94C, § 34 shall not disqualify an individual or otherwise affect
eligibility for employment or licensure in connection with an MTC, unless the
offense involved the distribution of a controlled substance, including
Marijuana, to a minor.
(2) For
purposes of determining suitability based on background checks in accordance
with
935 CMR
501.030 and
501.101.
(a) All conditions, offenses, and violations
are construed to include Massachusetts law or like or similar law(s) of Other
Jurisdictions.
(b) All criminal
disqualifying conditions, offenses, and violations include the crimes of
attempt, accessory, conspiracy and solicitation.
(c) Juvenile dispositions shall not be
considered as a factor for determining suitability.
(d) Where applicable, all look back periods
for criminal conditions, offenses, and violations included in 935 CMR
501.802:
Table B and
935 CMR
501.803:
Table C commence
on the date of disposition; provided however, that if disposition results in
incarceration in any institution, the look back period shall commence on
release from incarceration.
(e)
Unless otherwise specified in 935 CMR
501.802:
Table B and
935 CMR
501.803:
Table C, a criminal
condition, offense or violation shall include both convictions, which include
guilty pleas and pleas of
nolo contendere, and dispositions
resulting in continuances without a finding or other disposition constituting
an admission to sufficient facts, but shall exclude other non-conviction
dispositions. All suitability determinations will be made in accordance with
the procedures set forth in
935
CMR
501.800. In addition to the requirements
established in
935
CMR
501.800, the Suitability Review Committee
shall:
1. Consider whether offense(s) or
information that would result in a Presumptive Negative Suitability
Determination under 935 CMR
501.802:
Table B and
935 CMR
501.803:
Table C renders the
subject unsuitable for registration, regardless of the determination of the
Licensee; and
2. Consider appeals
of determinations of unsuitability based on claims of erroneous information
received as part of the background check during the application
process in
accordance with
803 CMR
2.17:
Requirement to Maintain a
Secondary Dissemination Log and
803
CMR
2.18:
Adverse Employment Decision
Based on CORI or Other Types of Criminal History Information Received from a
Source Other than the DCJIS.
(3) Registered Agents shall remain suitable
at all times a
License or registration remains in effect. An individual subject
to this section shall notify the Commission in writing of any charge or
conviction of an offense that would result in a presumptive negative
suitability determination or mandatory disqualification under 935 CMR
501.802:
Table B and
935 CMR
501.803:
Table C within ten
days of such individual's arrest or summons, and within ten days of the
disposition on the merits of the underlying charge. Failure to make proper
notification to the Commission may be grounds for disciplinary action. If the
Commission lawfully finds a disqualifying event and the individual asserts that
the record was sealed, the Commission may require the individual to provide
proof from a court evidencing the sealing of the case.
Table B: MTC Agents. Shall apply
solely to applicants for registration as an MTC Agent at an MTC licensed
pursuant to
935 CMR
501.101.
|
Time Period
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Precipitating Issue
|
Result
|
|
Present (during time from start of application
process through action on application or renewal).
|
Open/Unresolved Criminal
Proceedings:
Any outstanding or unresolved criminal proceeding,
the disposition of which may result in a felony conviction under the laws of
the Commonwealth or Other Jurisdictions, but excluding any criminal proceeding
based solely on a Marijuana-related offense or a violation of M.G.L. c. 94C,
§ 32E(a) or § 34.
|
Presumptive Negative Suitability Determination
|
|
Present
|
Open Professional or Occupational License
Cases
|
Presumptive Negative Suitability Determination
|
|
Present
|
Open/Unresolved Marijuana License or
Registration Violations (Massachusetts or Other Jurisdictions):
An outstanding or unresolved violation of the
regulations as included in
935
CMR 501.000 or a similar statute or regulations of
Other Jurisdictions, which has either (a) remained unresolved for a period of
six months or more; or (b) the nature of which would result in a determination
of unsuitability for registration.
|
Presumptive Negative Suitability Determination
|
|
Present
|
Submission of Untruthful Information to the
Commission Including, but Not Limited to:
Submission of information in connection with an agent
application, waiver request or other Commission action that is deceptive,
misleading, false or fraudulent, or that tends to deceive or create a
misleading impression, whether directly, or by omission or ambiguity, including
lack of disclosure or insufficient disclosure; or
Making statements during or in connection with a
Commission inspection or investigation that are deceptive, misleading, false or
fraudulent, or that tend to deceive or create a misleading impression, whether
directly, or by omission or ambiguity, including lack of disclosure or
insufficient disclosure.
|
Presumptive Negative Suitability Determination
|
|
Indefinite
|
Sex Offense: Felony conviction for a
"sex offense" as defined in M.G.L. c. 6, § 178C and M.G.L. c. 127, §
133E or like offenses in Other Jurisdictions.
|
Mandatory Disqualification
|
|
Indefinite
|
Felony Convictions in Massachusetts or Other
Jurisdictions for trafficking crimes under M.G.L. c. 94C, § 32E, or
like crimes in Other Jurisdictions, except convictions for solely
Marijuana-related crimes under M.G.L. c. 94C, § 32E (a), or like crimes in
Other Jurisdictions.
|
Mandatory Disqualification
|
|
Indefinite
|
Conviction or Continuance without a Finding
(CWOF) for Any Distribution of a Controlled Substance to a Minor
|
Mandatory Disqualification
|
|
Indefinite
|
Failure to Register as a Sex Offender in Any
Jurisdiction
|
Mandatory Disqualification
|
|
Indefinite
|
(MTC Agents Engaging in Transportation or Home
Delivery Operations Only)
Multiple Crimes of Operating under the
Influence:
Two offenses within a ten-year period; or
Three or more offenses within any period of
time.
|
Presumptive Negative Suitability Determination
|
|
Preceding Five Years
|
Felony Convictions in Massachusetts or Other
Jurisdictions for crimes of violence against a person or crimes of
dishonesty or fraud, "violent crime" to be defined the same way as under M.G.L.
c. 140, § 121 and M.G.L. c. 127, § 133E.
|
Mandatory Disqualification
|
|
Preceding Five Years
|
The applicant's or Licensee's prior actions posed or
would likely pose a risk to the public health, safety, or welfare; and the risk
posed by the applicant's or Licensee's actions relates or would likely relate
to the operation of an MTC.
|
May make a Negative Suitability Determination in
accordance with
935
CMR 501.800(8)
|
