Section 2.27 - CORI Complaints(1) A complaint may be filed with DCJIS for any violation(s) of the CORI laws and regulations including, but not limited to:(a) improper access to or dissemination of CORI; and(b) failure of a person to follow regulations, including 803 CMR 2.00, 803 CMR 5.00: Criminal Offender Record Information (CORI) - Housing, and 803 CMR 11.00: Consumer Reporting Agency (CRA).(2) DCJIS shall screen all complaints to determine whether there is sufficient information to investigate the alleged violation. (a) The complaint shall be signed by the complaining witness. If the complaining witness is an entity rather than an individual, then the complaint shall be signed on behalf of the complaining witness by the individual with most knowledge of the relevant facts.(b) Complaints regarding improper access to CORI or improper dissemination of CORI shall state the complaining witness's beliefs as to the following:1. what CORI specifically was improperly accessed and/or disseminated;2. by whom the relevant CORI was accessed and/or disseminated and when;3. a reasonable time period within which the complaining witness believes the CORI was improperly accessed and/or disseminated; and4. a description of any relevant circumstances surrounding the alleged improper access and/or dissemination.(c) DCJIS may request additional information from the complaining witness, including the production of books, records, or documents, and failure to cooperate with such a request is grounds for concluding that the complaint is not supported by sufficient information.(3) After investigation, if DCJIS determines that there is sufficient information to support the complaint, then it shall present an investigation report to the CRRB to determine next steps, including whether a show cause order should be issued against any party. (a) If the CRRB issues a show cause order, DCJIS shall send the order by first class mail to any party affected by the order, and DCJIS shall provide any such parties with an opportunity and reasonable timeframe to respond to the order. DCJIS may extend a party's deadline to respond upon the reasonable request of a party.(b) Upon receipt of responses from the parties affected by the order, or upon the passage of the timeframes set by DCJIS, DCJIS may schedule either a CORI complaint hearing before a subcommittee of the CRRB or a CORI complaint conference before a complaint hearing officer. Whether a complaint goes to hearing or conference shall be determined with regard to the complexity of the complaint.(c) With regard to a particular complaint, all complaining witnesses and respondents (individually, a "party" and collectively, "parties") shall receive at least 30 days notice of the scheduled date, time, and place of the hearing or conference from DCJIS by electronic communication or by first class mail.(d) Each party shall also receive a complaint packet that contains a copy of the complaint, any response, and any other additional relevant information obtained by DCJIS.(e) Before the conference or hearing, DCJIS shall issue notices and summonses to compel attendance of all parties. DCJIS may issue additional notices and summonses to compel the attendance of witnesses and to require the production of books, records, or documents.(f) Prior to the conference or hearing, any party may request that a summons be issued to secure the attendance of an in-state witness.1. At least 21 days prior to the conference or hearing, the party requesting a summons shall provide, in writing, the name and address of the witness along with an explanation as to why a requested witness's testimony is relevant to the proceeding.2. Upon receipt of this information, should the complaint hearing officer or subcommittee chairperson determine testimony of the requested witness is not relevant, the party's request for a witness summons may be denied.(g) Prior to a conference or hearing, the respondent may enter into a consent agreement regarding the alleged violation and agree to pay a civil penalty and/or agree to any other sanctions as issued by the CRRB.(4) The complaint conference or hearing shall be an adjudicatory hearing that takes place before a complaint hearing officer or CRRB Subcommittee. The hearing officer or CRRB Subcommittee will conduct the conference or hearing and determine its course, including the order and manner in which the parties may offer information. Depending on the subject matter, complaint conferences/hearings maybe open to the public. (a) Oaths shall be administered to the parties, all relevant issues shall be considered, and all evidence determined necessary to decide the issues raised in the complaint and the response will be requested, received, and made part of the conference or hearing record.(b) All CORI complaint conferences and hearings shall be subject to the provisions of M.G.L. c. 30A, which governs adjudicatory hearing procedures.(c) All CORI complaint conferences and hearings shall be subject to the informal rules of adjudicatory procedure under 801 CMR 1.02: Informal/Fair Hearing Rules.(d) All complaint conferences and hearings shall be electronically recorded.(e) At complaint conferences and hearings, the complaining witness and the respondent may present testimony and evidence on their own behalf.(f) Following a complaint conference, the complaint hearing officer shall issue a recommendation on which the CRRB shall vote at its next formal meeting. Board findings and orders may be publicly posted. All identifying information of the complaining witness shall be redacted prior to such posting.(g) Following a complaint hearing, the subcommittee shall issue a written "Decision and Order" stating whether there was a violation of the CORI law or 803 CMR 2.00, what civil penalty, if any, and what sanctions, if any, will be imposed. All identifying information of the complaining witness shall be redacted prior to such posting.(5) If any individual involved in a conference or hearing is speech impaired, hearing impaired, or cannot speak or understand the English language, that individual shall be entitled to have translation services present at the conference or hearing. (a) In order to obtain the services of a translator, the individual shall notify DCJIS upon the filing of a complaint, upon providing a complaint response, or at least 15 days prior to the hearing or conference.(b) Any person may also provide a translator. If a person chooses to provide a translator, the person shall notify DCJIS as soon as reasonably possible prior to the conference or hearing. At that time, the person shall provide the qualifications of the translator to DCJIS, which shall approve the translator prior to the conference or hearing.(c) If an individual requests a translator pursuant to 803 CMR 2.00, DCJIS shall arrange for the services of such a translator and shall notify the complaining witness and respondent of the identity of the translator within a reasonable amount of time prior to the conference or hearing.(d) The CRRB may order any person failing to appear after a request for translation services to pay the costs of the translator.Amended by Mass Register Issue 1333, eff. 2/24/2017.Amended by Mass Register Issue 1445, eff. 6/11/2021.