Section 9.06 - Additional Provisions Applicable to Investigations, Complaints and Board Actions(1)Advisory Letters. An advisory letter is not a formal Board action against a certificate holder and makes no determination or finding on whether the recipient engaged in alleged acts or omissions. It constitutes a public record of notice to the recipient that: (a) identifies the reason for closure of an investigation or dismissal of a complaint;(b) identifies any applicable statute(s), regulation(s), rules, advisories or policies that are relevant to the alleged acts or omissions that form the subject matter of an investigation or complaint; and(c) includes a reminder of the general requirement to comply with the identified provisions.(2)Receipt by a Certificate Holder. The Board may deem a certificate holder to have received a request, notice, order or other correspondence on the date that such item has been delivered to the address of record provided by the certificate holder. In the event that delivery is not possible at such address because the certificate holder has moved and left no forwarding address or because the address is otherwise invalid, the Board may deem receipt by the certificate holder to have occurred on the date that delivery was attempted but failed.(3)Authority. (a) The Board may direct or authorize the Board Chair, the Executive Director, investigators, board staff, board counsel, prosecuting counsel, or any combination of the same, to act on the Board's behalf by a Board vote specific to a particular certificate holder, or a general policy that sets parameters for action on the Board's behalf, or a combination of both.(b) In the event that the Board Chair has a conflict of interest, an appearance of a conflict of interest, or that the Board Chair is incapacitated or inaccessible for a period of time that exceeds the reasonable time frame in which the Board Chair would be expected to act pursuant to 272 CMR 9.06 or as otherwise authorized by the board, the authority conferred upon the Board Chair may be exercised by the next most senior member of the Board, in the Board Chair's stead.(c) In the event that the Executive Director has a conflict of interest, an appearance of a conflict of interest, or that the Executive Director is incapacitated or inaccessible for a period of time that exceeds the reasonable time frame in which the Executive Director would be expected to act pursuant to this section or as otherwise authorized by the board, the next most senior member of Board staff, shall be authorized to act in the Executive Director's stead.Adopted by Mass Register Issue 1368, eff. 6/29/2018.Amended by Mass Register Issue 1377, eff. 6/29/2018.