Investigatory Process

Complaints filed against individuals who come under the Board's jurisdiction shall be subject to the following process: (1) The Board Chair may appoint a complaint investigative committee to assist the investigative process and advise the Division's Office of Investigations. (2) Complaints filed with the Division may be evaluated by the complaint investigative committee to determine if further investigation is warranted. (3) The complaint investigative committee may schedule an informal conference with the complainant, the respondent, their counsel or any other individual to determine if the case should be dismissed, further investigation is required, or an Order to Show Cause is warranted. (4) After review, the complaint investigative committee will recommend an appropriate course of action to the Board. The Board shall then take appropriate action under the provisions of the statutes. (5) In instances where the evidence indicates an immediate and serious threat to the public, the Board may issue a summary suspension order in accordance with M.G.L. c.112, § 65B and 250 CMR 7.03. (6) When an Order to Show Cause is issued by the Board, subsequent proceedings shall be in accordance with the provisions of M.G.L. c. 30A. (7) The investigatory process may result in dismissal, formal adjudicatory proceedings under the M.G.L. c. 30A process, or a negotiated settlement. (8) A dismissed complaint does not constitute disciplinary action. (9) Investigative and settlement conferences may be held in closed session in accordance with M.G.L. c.112, § 65C.