Section 5.06 - Termination of DesignationThe Department has the authority to terminate the designation of a Protective Services Agency.
(1) Either party may terminate a Designation Agreement without cause upon provision of written notice to the other at least 90 calendar days before the effective date of such termination.(2)Termination for Cause. (a) In the event that either party fails to comply with the provisions of the Designation Agreement in whole or in part, the other party may, after specifying any alleged breach, default, or noncompliance in writing to the other party and after allowing a reasonable time, but not less than 30 calendar days for correction thereof, terminate the Designation Agreement by sending written notice of termination which specifies the reasons for termination to the other party, at least 30 calendar days prior to the effective date of termination.(b) If the Department determines that any noncompliance with the terms of the Designation Agreement on the part of a Protective Services Agency endangers the life, health, and safety of recipients or applicants for services under the Designation Agreement, it shall terminate the Designation Agreement by orally notifying the Protective Services Agency of termination followed by the mailing of written notification, return receipt requested, setting forth the reasons for termination within seven calendar days following the oral notification.(c) Termination pursuant to 651 CMR 5.06(2) shall take effect upon the oral notification.(3)Continuity of Services.(a) Upon termination of a Designation Agreement the Department shall designate a new Protective Services Agency in a timely manner;(b) If necessary to ensure continuity of Protective Services in a Protective Services region, the Department may do the following for a period of up to 180 days following termination of designation: 1. Assign the responsibilities of a Protective Services Agency to another agency or organization;2. Extend the agreement with the terminating agency;3. Perform the responsibilities of a Protective Services Agency.Amended by Mass Register Issue 1330, eff. 1/13/2017.