119 CMR 1.11 - Provisions for Review of a Candidate in any Disqualification Category

(1) Each candidate for whom the CORI investigation reveals a "lifetime presumptive disqualification", who has otherwise met the requirements for further consideration set forth in 119 CMR 1.10, or a "discretionary disqualification" shall, unless the hiring authority has decided to withdraw the conditional offer of a position, receive additional review by the hiring authority to determine if the candidate poses an unacceptable risk of harm to the persons served by the program within the position sought. In reviewing the candidate's appropriateness for employment given the concern for client safety, due weight shall be given to the following factors:

(a) Time since the conviction;

(b) Age of the candidate at the time of the offense;

(c) Seriousness and specific circumstances of the offense;

(d) The nature of the work to be performed;

(e) The number of offenses;

(f) Any relevant evidence of rehabilitation or lack thereof;

(g) Any other relevant information, including information submitted by the candidate or requested by the hiring authority.

Information considered pursuant to 119 CMR 1.1 1(1)(g) may include documentation from the candidate's criminal justice official, if not already supplied pursuant to 119 CMR 1.10(1), treating professional, or other knowledgeable source, such as the police, courts, or prosecuting attorneys.

(2) Following the review, the Hiring Authority shall determine whether:

(a) To hire the candidate based upon a determination that the candidate does not pose a danger to the program's clients; or

(b) To not hire the candidate.

Nothing herein shall be construed as preventing the hiring authority from deciding not to hire the candidate for any other reason.

(3) If a decision is made to hire the candidate, the hiring authority shall make a written determination of such decision, documenting the considerations outlined in 119 CMR 1.11(1) (a) through (g), and the rationale for the conclusion that the candidate does not pose a danger to the program's clients within the position sought.

(4) The hiring authority shall submit such written determination to SHH immediately upon a decision to hire the individual.

(a) If the candidate has been convicted of or has a pending charge for any of the crimes listed in 119 CMR 1.16: Tables A and B or has an outstanding warrant, the hiring authority shall not proceed to hire the individual for five business days during which time the Secretary may, after review of the determination, disapprove the hire.

(b) If the candidate has been convicted of or has a pending charge for any offense in 119 CMR 1.16: Table C, the hiring authority may proceed to hire the individual, unless the provisions of 119 CMR 1.11(6) apply.

(5) SHH shall conduct an annual review of such written determinations for candidates with crimes listed in 119 CMR 1.16: Table C to ensure compliance with the requirements of 119 CMR 1.09, 1.10, and 1.11.

(6) Based on the annual review pursuant to 119 CMR 1.11(5) or other relevant information obtained by SHH that raises concerns about the hiring authority's compliance with these requirements, SHH may require the hiring authority to submit such written determinations prior to hiring the individual. The Secretary shall have five business days following receipt of the determination to disapprove the hire. SHH may require the hiring authority to follow such prior review process for as long a period as it determines is necessary to ensure that the hiring authority is complying with the requirements of 119 CMR 1.09, 1.10, and 1.11.

Notes

119 CMR 1.11