803 Mass. Reg. 2.21

Current through Register 1523, June 7, 2024
Section 2.21 - Adverse Licensing Decision Based on CORI or Other Criminal History Information
(1) A governmental licensing agency shall provide a licensing applicant with information regarding an appeal process, which information and process shall include the opportunity to dispute the accuracy of the information contained in CORI or criminal history information.
(2) At the time of making a final adverse decision, including any appeals, on an application for a license, if the decision is based on the subject's CORI or any other criminal history information, the governmental licensing agency shall:
(a) comply with applicable federal and state laws and regulations;
(b) notify the licensing applicant in person, by telephone, fax, or electronic or hard copy correspondence of the potential adverse licensing decision;
(c) provide a copy of the licensing applicant's CORI or criminal history information to the licensing applicant;
(d) identify the source of the CORI or criminal history information;
(e) provide a copy of the agency's CORI Policy, if applicable, to the subject;
(f) identify the information in the licensing applicant's CORI that forms any basis for the potential adverse decision;
(g) when CORI is considered as a part of a potential adverse decision, provide the licensing applicant with a copy of DCJIS information regarding the process for correcting CORI; and
(h) document all steps taken to comply with 803 CMR 2.21(1).

803 CMR 2.21

Amended by Mass Register Issue 1333, eff. 2/24/2017.
Amended by Mass Register Issue 1445, eff. 6/11/2021.