111 CMR, § 3.12 - Claims, violations and inadequate performance

(1) Claims. Immediately upon receiving oral and written notice of a complaint or claim by any person alleging intentional, negligent or criminal wrongdoing by a licensee or his or her agents, each vendor shall report the complaint or claim to the Commission regardless of its merit or lack of merit. In the event the site grantor or his agent is the party alleging wrongdoing, the Commission shall afford the licensee an opportunity to respond to such allegations and it shall perform an investigation of same. The licensee shall cooperate with the Commission by providing written response to the allegation, assisting with the investigation, and making reasonable and good faith efforts to eliminate any problems and resolve any disputes.

(2) Violations and Inadequate Performance. If the Commission finds that a vendor is operating a facility in violation of 111 CMR 3.00 or Commission guidelines and/or without a passing score on his or her performance evaluation, it shall issue a letter of warning to the vendor specifying the violation and/or the performance score, setting a date by which same must be corrected or improved, and informing the vendor of his or her rights under 111 CMR 3.15. The Commission may suspend or revoke the vendor's license if the violations have not been corrected and/or the performance evaluation score made adequate by the specified date, or if three or more warning letters are issued to the vendor during any 12 month period.

Notes

111 CMR, § 3.12