118 CMR 5.06
Commission Review of Investigation Report
Upon receipt by the Commission of the Initial Response or the Investigation Report
prepared by the designated investigator, the Commission shall review each document and
determine whether each document contains the information as required by the Commission; and
whether the Initial Response or the Investigation Report are filed with the Commission within
their respective time frames.
If following a review of either the Initial Response or the Investigation Report, the
Commission determines that the investigator must obtain further information for the document
to be complete, and/or must perform additional work on a task previously begun or required for
either document to be complete, the Commission shall require the obtaining of such information
or performing of such tasks. Determination of the completeness of either document for the
purposes of M.G.L. c. 19C is solely within the discretion of the Commission. Additional tasks
as may be required by the Commission, and the resubmission of the revised Initial Response or
Investigation Report, shall be completed within such timeframe as determined appropriate by the
Commission.
In addition, where the investigation has been conducted by a referral agency, the
Commission not only may request further investigation as set out in 118 CMR 5.06(2), but the
Commission, in its discretion, may conduct an investigation utilizing Commission staff in
accordance with M.G.L. c. 19C, §§ 4 and 5, and 118 CMR 5.00. The Commission shall notify
the designated referral agency of the Commission's decision to conduct an investigation utilizing
Commission staff.