267 CMR 5.06 - Additional Provisions Applicable to Investigations, Complaints and Board Actions

(1) Advisory Letters. An advisory letter is not a formal Board action against a license and makes no determination or finding on whether the licensee engaged in alleged acts or omissions. It constitutes a public record of notice to the licensee:

(a) identifying the reason for closure of an investigation or dismissal of a complaint;

(b) identifying any applicable statute(s), regulation(s), rules, advisories or policies that are relevant to the alleged acts or omissions that form the subject matter of an investigation or complaint; and

(c) including a reminder of the general requirement to comply with the identified provisions.

(2) Receipt by a Licensee. The Board may deem a licensee to have received a request, notice, order or other correspondence on the date that such item has been delivered to the address of record provided by the licensee. In the event that delivery is not possible at such address because the licensee has moved and left no forwarding address or because the address is otherwise invalid, the Board may deem receipt by the licensee to have occurred on the date that delivery was attempted but failed.

(3) Authority.

(a) The Board may direct or authorize the Board Chair, the Executive Director, investigators, Board staff, Board counsel, prosecuting counsel, or any combination of the same, to act on the Board's behalf by a Board vote detailing the authority to act as to a particular licensee, or a general policy.

(b) In the event the Board Chair has a conflict of interest, an appearance of a conflict of interest, or the Board Chair is incapacitated or inaccessible for a period of time exceeding the reasonable time frame in which the Board Chair would be expected to act pursuant to 267 CMR 5.06(3), but in no event shall such time exceed 30 days, or as otherwise authorized by the Board, the authority conferred upon the Board Chair may be exercised by the next most senior member of the Board, in the Board Chair's stead.

(c) In the event the Executive Director has a conflict of interest, an appearance of a conflict of interest, or the Executive Director is incapacitated or inaccessible for a period of time exceeding the reasonable time frame in which the Executive Director would be expected to act pursuant to 267 CMR 5.06(3), but in no event shall such time exceed 30 days, or as otherwise authorized by the Board, the next most senior member of the Board staff, shall be authorized to act in the Executive Director's stead.

Notes

267 CMR 5.06

Adopted by Mass Register Issue 1344, eff. 7/28/2017.