Conduct of Investigations, Audits or Reviews

(1) General (a) The scope, duration, conduct and disposition of any investigation, audit or review undertaken by the Office shall be within the lawful discretion of the Inspector General; provided however, that the Inspector General Council shall approve requests for summonses for testimony under 945 CMR 1.06(2) and referrals of investigative or audit findings to public agencies other than the Attorney General of the Commonwealth or United States Attorney under 945 CMR 1.09(3). (b) In conducting an investigation, audit or review, the Inspector General or his employees or agents may interview persons; examine books, records, files, documents or other materials; seek to compel production of testimony or documents; or take any other actiondeemed necessary for the conduct of such investigation, audit or review that is permitted by law and the provisions of 945 CMR 1.00. (2) Interviews (a) The Inspector General, his employees, or agents may interview any person who he believes may have information relevant to any matter under investigation, audit or review. The person to be interviewed shall be informed of his constitutional rights relating to said interview. (b) A person to be interviewed mayhave counsel present at said interview. The Office shall not appoint or provide counsel. (c) A person interviewed by an employee or agent of the Office may, at his own cost, provide that the interview be recorded by hand, sound recording, or stenographic means. (d) Interviews may be taken under oath or affirmation and if so, shall be recorded by hand, sound recording, or stenographic means. If an interview taken under oath or affirmation is recorded by hand, the interviewee shall read the interview record and indicate, by the signing of a jurat, that it is true and that the record accurately reflects the content of the interview. The accuracy of interviews taken under oath or affirmation and recorded by sound recordingorstenographic means shall be attested to by the stenographer preparing the transcript. Oaths shall be administered by a notary public or other person authorized to administer oaths under the laws of the Commonwealth. (3) Access to Records, Information and Assistance from Public Bodies (a) The Inspector General, his employees or agents, shall have access to records, documents or other materials related to the programs and operations within the jurisdiction of the Office, which are maintained by or available to any public body; excepting records under the provisions of M.G.L. c. 66, § 18 as defined in M.G.L. c. 66, § 3. (b) The Inspector General, his employees or agents, shall have access to information related to the programs and operations within the jurisdiction of the Office which is possessed by or available to persons employed by or acting on behalf of any public body. The Inspector General, his employees or agents shall, upon request, be entitled to interview or question employees, agents or representatives of such public body. (c) The Inspector General, his employees or agents, may request from any public body such assistance as may be necessary for carrying out his duties and responsibilities. (d) Upon request of the Inspector General, his employees or agents, the person in charge of the governing body of any public body shall provide the Inspector General or his designee with the records, information or assistance requested, unless provision of such records, information or assistance is in contravention of any law applicable to such public body. (e) Whenrecords, information or assistance requested under 945 CMR 1.05(3)(a), (b) or (c) are, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General may report the circumstances to the appropriate state secretariat, municipal governing body or other authority. (4) Access to Records, Information or Testimony of Private Individuals or Entities The Inspector General, his employees or agents, may request production of records, documents, information or testimony from any private person, firm or other nongovernmental entity which relate to any investigation, audit, review or other activity within the jurisdiction of the Office. (5) Access to Contractor Records (a) For purposes of 945 CMR 1.05, the words contractor, contract, records, statement of management, and financialstatement shallhave the meaningand content defined in M.G.L. c. 30, § 39R. (b) All contractors shall make available for inspection upon request of the Inspector General or his designee any books, documents, papers or records of the contractor and/or the records of any subcontractor that directly pertain to, and involve transactions relating to, transactions between the contractor and subcontractor. (c) All contractors holding contracts with the Commonwealth within the meaning of M.G.L. c. 30, § 39R(a)(2), shall in addition to 945 CMR 1.05(5)(b), make available for inspection upon request of the Inspector General or his designee, all financial statements or statements of management required by M.G.L. c. 30, § 39R with accompanying exhibits. The Inspector General or his designee may, in addition, request and obtain such information from the appropriate awarding authority. (d) Failure to make, retain or produce for inspection the records and statements required by M.G.L. c. 30, § 39R may be grounds for disqualification or debarment under M.G.L. c. 149, § 44c. The Inspector General shall report instances of non-cooperation or non-compliance with the provisions of M.G.L. c. 30, § 39R, to the Division of Capital Planning and Operations and the awarding authority for appropriate action. (6) Production of Records of Testimony The Inspector General, or his employees or agents, may request that records, documentsortestimonysought under 945 CMR 1.05(2) through (5) be delivered or produced at the offices ofthe Inspector General, examined on site, or at a place and time mutually agreeable to the parties. (7) Confidentiality of Records All records of the Office of the Inspector General are confidential and shall not be disclosed or made public by the Office unless disclosure or publication is deemed necessary for performance of the statutory duties and responsibilities of the Office pursuant to the requirements of M.G.L. c. 12A.