Scope and Purpose

(1) Scope. (a) 118 CMR applies to all cases of abuse and retaliation reported to, investigated by or on the behalf of the Disabled Persons Protection Commission and remediated as a result of such investigations pursuant to M.G.L. c. 19C and 118 CMR. (b) 118 CMR does not provide for an adjudicatory hearing within the meaning of M.G.L. c. 30A, § 1(1), except as provided for in 118 CMR 5.04(4). 118 CMR is not intended to constitute an administrative remedy under the doctrine of exhaustion of administrative remedies or otherwise, except in cases appealed to the Division of Administrative Law Appeals pursuant to M.G.L. c. 19C, § 15, and 118 CMR 14.03: Entry of Care Provider's Name on the Registry or 118 CMR 14.04: Removal of Care Provider's Name from the Registry: Petitions for Removal. (2) Purpose. The purpose of 118 CMR is to establish the procedures and standards the Commission utilizes to effectuate the purposes of the Commission including, but not limited to, the investigation and remediation of abuse of persons with disabilities who reside in the Commonwealth of Massachusetts, or of nonresident persons with disabilities who are abused while in the Commonwealth of Massachusetts, the investigation and remediation of instances of retaliation against a person for having reported such abuse or cooperated in the investigation of abuse, and the administration of the registry of care providers against whom the Commission has made a substantiated finding of registrable abuse. In pursuing its statutory purposes, the Commission shall endeavor to respect the privacy, self-determination rights and dignity of persons with disabilities.