Current through Register 1533, October 25, 2024
Section 5.06 - Commission Review of Investigation Report(1) 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.(2) 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.(3) 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.Adopted by Mass Register Issue 1448, eff. 7/23/2021.