Initiation

(1) Pursuant to M.G.L. c. 19C, § 8, the Commission by a majority vote of the Commissioners may initiate a formal investigation which shall be referred to as Commissioners’ Investigation when: (a) upon completion of an investigation pursuant to M.G.L. c. 19C, § 5, where the caretaker of the person with a disability is a state agency and the investigation report finds that the allegation of abuse is substantiated; or (b) at their discretion, the Commissioners determine that the best interests of persons with disabilities would be served by the initiation of such an investigation to ascertain the scope, remedy for and recommendations regarding abuse of persons with disabilities whose caretaker is a state agency. (2) In determining whether to initiate Commissioners’ Investigation, the Commissioners shall consider: (a) possible duplication of investigations; (b) the best interests of the particular person(s) with a disability(ies) involved; or (c) the best interests of persons with disabilities in general.