Board Actions on Formal, Docketed Complaints

(1) Dismissal (a) The Board may direct or authorize the dismissal of a complaint for the following reasons: 1. The Board lacks jurisdiction; 2. There is insufficient evidence to support a finding that the certificate holder engaged in acts or omissions that constitute grounds for Board action; or 3. There may be sufficient evidence to support a finding that the certificate holder engaged in acts or omissions that constitute grounds for Board action; however the Board concludes that even if true, the alleged acts or omissions in the specific circumstances presented, do not warrant action against the certificate. (b) The Board may direct or authorize the reopening of any dismissed complaint upon receipt of new or previously unavailable evidence except when the dismissal follows a formal adjudicatory hearing conducted in accordance with 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. (c) When dismissing a complaint, the Board may direct or authorize the Executive Director to send, on the Board’s behalf, an advisory letter in accordance with 272 CMR 9.06(1) to the certificate holder. (2) Orders (a) Order to Show Cause. The Board may authorize prosecuting counsel to initiate and prosecute formal disciplinary proceedings by issuing, on the Board’s behalf, an order for the certificate holder to appear and show cause why the Board should not take action against his or her certificate. Both the issuance of an Order to Show Cause and the subsequent adjudicatory proceedings shall be conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. The Board may designate an administrative hearings counsel as the Presiding Officer to conduct the adjudicatory proceeding. The Board may authorize prosecuting counsel to file and amend pleadings on the Board’s behalf to promote the efficient and expeditious resolution of the adjudicatory proceeding. (b) Final Orders. If, after an adjudicatory hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure, the Board makes or adopts findings that one or more of the grounds for board action specified in 272 CMR 9.03 exist, the Board may direct the Executive Director to issue an order on the Board’s behalf taking one or more of the following actions: 1. Stayed Probation. The Board may place a certificate on stayed probation, which does not constitute discipline and allows the certificate holder to engage in practice subject to temporary conditions set by the Board and specified in the order; 2. Reprimand. The Board may reprimand the certificate. A reprimand is a formal, public rebuke that constitutes discipline but does not prohibit practice or subject practice to conditions; 3. Probation. The Board may place a certificate on probation, which constitutes discipline and allows the certificate holder to engage in the practice of Certified Community Health Worker subject to temporary conditions set by the Board and specified in the order; 4. Suspension. The Board may suspend a certificate, which constitutes discipline and prohibits the certificate holder from engaging in practice as a Certified Community Health Worker for a specific period, or until specific conditions have been met, or both; 5. Revocation. The Board may revoke a certificate, which constitutes discipline and prohibits the certificate holder from engaging in practice as a Certified Community Health Worker. (c) Further Action. 1. The Board order may set conditions or requirements that must be met before the Board will consider a petition to modify or remove any conditions on the certificate or a petition for reinstatement of the certificate. 2. The Board order may authorize the Executive Director to take additional actions against a certificate as a consequence of failing to comply with the terms of the order. (3) Permanent Surrender. The Board may accept the permanent surrender of a certificate by a certificate holder who is the subject of a complaint. A certificate holder may offer to permanently surrender his or her certificate by submitting to the Board a signed, written statement that asserts his or her intent to permanently relinquish the right to hold or renew his or her certificate. The Board’s acceptance of a certificate holder’s permanent surrender constitutes discipline and resolution of the complaint. The Board may deem the complaint allegations to be true and to constitute grounds for discipline. (4) Consent Agreements. The Board may enter into a Consent Agreement with a certificate holder for the purpose of resolving the complaint. In a Consent Agreement, the Board and the certificate holder may agree that the board will take one or more of the board actions specified in 272 CMR 9.04, or may agree that the certificate holder shall refrain from engaging in practice. Consent Agreements may also include other terms as permitted by law. (5) Except as the Board may otherwise specify in an Order or a Consent Agreement, any action taken against a certificate shall apply to the right to renew such certificate. (6) Except as otherwise provided by law, all Orders and Consent Agreements, whether disciplinary or non-disciplinary in nature, constitute a public record. (7) Nothing in 272 CMR 9.04 shall limit the Board’s ability to resolve a pending complaint by any other action, including but not limited to the imposition of a fine, permitted by law.