945 Mass. Reg. 1.09

Current through Register Vol. 1409, January 24, 2020
Section 1.09 - Report and Referral of Investigative or Audit Findings
(1) Reports of Possible Criminal Violations
(a) When the Inspector General has reasonable cause to believe that a person under investigation or audit has violated state or federal criminal law, he shall so report and refer relevant investigative or audit findings to the Attorney General for the Commonwealth or appropriate United States Attorney.
(b) The Inspector General, may upon request of the Attorney General for the Commonwealth or United States Attorney, continue to provide investigative or other assistance subsequent to such report and referral.
(c) Prior to such time as the Inspector General has, through investigation or audit, developed sufficient information to justify a report or referral of findings to the Attorney General for the Commonwealth or the United States Attorney, he may confer or consult with these officers or their designees as to the conduct or scope of the investigation.
(2) Referral of Possible Civil Recovery Action
(a) When the Inspector General believes that a matter may be appropriate for civil action to recover monies on behalf of the Commonwealth, he shall so report to the Attorney General for the Commonwealth and refer relevant investigative or audit findings.
(b) The Attorney General shall determine what further action is appropriate.
(c) With the approval of the Attorney General, the Inspector General is authorized to commence civil recovery actions on behalf of the Commonwealth in an appropriate state or federal court.
(3) Referrals to Public Agencies other than the Attorney General for the Commonwealth or United States Attorney
(a) Subsequent to an investigation or audit, the Inspector General may refer investigative or audit findings and underlying evidence to the State Ethics Commission, or to any other federal, state or local agency which has an interest in such findings.
(b) A referral of investigative or audit findings and evidence under 945 CMR 1.09(3)(a) may be made upon recommendation of the Inspector General and when authorized by a majority vote of the Inspector General Council.
(c) The Inspector General may provide notice of the existence or content of complaints or information received by the Office of preliminary investigative or audit information developed by the Office, to interested federal, state or local agencies. Such notice shall not be deemed a referral within the meaning of 945 CMR 1.09(3)(a). Notice is appropriate if the subject of the complaint or information is not within the jurisdiction of the Office or if the Inspector General has determined that the matter shall not be subject to full investigation, audit or review by the Office and may be appropriate for administrative action by another public agency. Notice of the identity of the complainant or informant is subject to the provisions of 945 CMR 1.04(2) or (3).
(4) Disclosure of Investigative or Audit Findings and Data The report, referral or disclosure of investigative or audit data or findings pursuant to 945 CMR 1.09(1)(a) or (c), 1.09(2)(a) or 1.09(3)(a), including the identity of complainants or informants, shall not be deemed a disclosure of records of the Office subject to the provisions of 945 CMR 1.04(2) or (3) and the requirements of M.G.L. c. 12A.

945 CMR 1.09