Section 2.05 - Conduct of Investigations, Inspections Audits or Reviews(1)General. (a) The scope, duration, conduct and disposition of any investigation, inspection, audit or review undertaken by OVA shall be within the lawful discretion of the Veteran Advocate; provided however, that the Veteran Advocate and/or General Counsel shall approve requests for summonses for testimony under 123 CMR 2.06(2) and referrals of investigative or audit findings to public agencies other than the Attorney General of the Commonwealth or United States Attorney under 123 CMR 2.09(3).(b) In conducting an investigation, inspection, audit or review, the Veteran Advocate or their employees or agents are authorized to conduct interviews, interrogations, take statements and testimonies, examine books, records (including medical records), files, documents or other materials; seek to compel production of testimony or documents; collect physical and documentary evidence, or take any other action deemed necessary for the conduct of such investigation, inspection, audit or review that is permitted by law and the provisions of 123 CMR 2.00.(c) When conducting an investigation, inspection, audit, or review, the Veteran Advocate, or their employees or agents shall follow and abide by the Office of the Veteran Advocate Investigative Framework, Inspection Framework, and all other applicable Office of the Veteran Advocate policies and procedures.(2)Interviews. (a) The Veteran Advocate, their employees, or agents may interview any person who the Veteran Advocate believes may have information relevant to any matter under investigation, inspection, audit or review. The person to be interviewed shall be informed of their constitutional rights, and rights to union representation relating to said interview.(b) A person to be interviewed may have counsel present at said interview. OVA shall not appoint or provide counsel.(c) If the party being interviewed holds a union covered position, they shall be given opportunity to consult with union representation if so requested. If said request is made prior to an interview, the interview may not begin until representation is available. If made after the commencement of the interview, the interview shall be suspended until union representation is available.1. OVA shall make all reasonable efforts to accommodate a request for representation.2. Union representation shall not be unreasonably delayed in such a manner as to interfere with the purpose of the interview.3. If the relevant union refuses or fails to provide representation within a reasonable time after the request for representation, the interview shall continue.(d) A person interviewed by an employee or agent of OVA may, at their own cost, provide that the interview be recorded by hand, video recording, sound recording, or stenographic means.(e) During an interview or interrogation, The Veteran Advocate, their employees, or agents may take written, oral, and sworn statements and testimonies from any individual possessing information pertinent to an ongoing investigation, inspection, audit, or review.(f) Interviews may be taken under oath or affirmation and if so, shall be recorded by hand, video recording, sound recording, or stenographic means. If an interview taken under oath or affirmation is recorded by hand, the interviewee shall read the interview record and indicate, by the signing of a jurat, that it is true and that the record accurately reflects the content of the interview. The accuracy of interviews taken under oath or affirmation and recorded by video recording, sound recording, or stenographic means shall be attested to by the stenographer or transcriptionist preparing the transcript. Oaths shall be administered by a notary public or other person authorized to administer oaths under the laws of the Commonwealth.(3)Access to Records, Information and Assistance from Public Bodies.(a) The Veteran Advocate, their employees or agents, shall have access to records, documents or other materials related to the programs and operations within the jurisdiction of OVA, which are maintained by or available to any public entity of the Commonwealth or political subdivision thereof; or private entity that receives funding from the Commonwealth or political subdivisions thereof; excepting records under the provisions of M.G.L. c. 66, § 18 as defined in M.G.L. c. 66, § 3.(b) The Veteran Advocate, their employees or agents, shall have access to information related to the programs and operations within the jurisdiction of OVA which is possessed by or available to persons employed by or acting on behalf of any public body. The Veteran Advocate, their employees or agents shall, upon request, be entitled to interview or question employees, agents or representatives of such public body.(c) The Veteran Advocate, their employees or agents, may require from any public or private entity such assistance as may be necessary for carrying out their duties and responsibilities.(d) Upon request of the Veteran Advocate, their employees or agents, the person in charge of the governing body of any public entity of the Commonwealth or political subdivision thereof; or private entity that receives funding from the Commonwealth or political subdivisions thereof, shall provide the Veteran Advocate or their designee with the records, information or assistance requested, unless provision of such records, information or assistance is in contravention of any law applicable to such entity.(e) When records, information or assistance requested under 123 CMR 2.05(3)(a), (b) or (c) are, in the judgment of the Veteran Advocate, unreasonably refused or not provided, the Veteran Advocate may report the circumstances to the appropriate state secretariat, municipal governing body, other authority, or seek judicial relief.(4)Access to Records, Information or Testimony of Private Individuals or Entities. The Veteran Advocate, their employees or agents, may request production of records, documents, information or testimony from any private person, firm or other nongovernmental entity which relate to any investigation, audit, review or other activity within the jurisdiction of OVA.(5)Access to Contractor Records.(a) For the purposes of 123 CMR 2.05, the words contractor, contract, records, statement of management, and financial statement shall have the meaning and content defined in M.G.L. c. 30, § 39R.(b) All contractors shall make available for inspection upon request of the Veteran Advocate or their designee any books, documents, papers or records of the contractor and/or the records of any subcontractor that directly pertain to, and involve transactions relating to, transactions between the contractor and subcontractor.(c) All contractors holding contracts with the Commonwealth within the meaning of M.G.L. c. 30, § 39R(a)(2), shall in addition to 123 CMR 2.05(5)(b), make available for inspection upon request of the Veteran Advocate or their designee, all financial statements or statements of management required by M.G.L. c. 30, § 39R with accompanying exhibits. The Veteran Advocate or their designee may, in addition, request and obtain such information from the appropriate awarding authority.(d) Failure to make, retain or produce for inspection the records and statements required by M.G.L. c. 30, § 39R may be grounds for disqualification or debarment under M.G.L. c. 149, § 44c. The Veteran Advocate shall report instances of noncooperation or noncompliance with the provisions of M.G.L. c. 30, § 39R, to the Division of Capital Asset Management and Maintenance (DCAMM) and the awarding authority for appropriate action.(6)Production of Records of Testimony. The Veteran Advocate, or their employees or agents, may request that records, documents or testimony sought under 123 CMR 2.05(2) through (5) be delivered or produced at the offices of the Veteran Advocate, examined on site, or at a place and time mutually agreeable to the parties.(7)Confidentiality of Records. All records of the Office of the Veteran Advocate are confidential and shall not be disclosed or made public by OVA, unless disclosure or publication is deemed necessary for performance of the statutory duties and responsibilities of OVA pursuant to the requirements of M.G.L. c. 12A.Adopted by Mass Register Issue 1531, eff. 9/27/2024.