Effective September 9, 2005

Pursuant to 520 CMR 5.00 et. seq., regulations pertaining to amusement devices, beginning on January 1, 2006, all owners of amusement devices, including inflatables, will be required to perform criminal history inquiries ("inquiries") on all applicants who are eighteen years of age or older for the following positions:

a. Certified maintenance mechanics;
b. Maintenance technicians;
c. Ride operators;
d. Operator's assistants; and
e. Certified inflatable device mechanics.

The regulations require that all owners utilize either the CORI procedure through the Criminal History Systems Board or submit an alternative procedure for the Department's approval in accordance with 520 CMR 5.00. Below are guidelines which may be helpful for owners in conducting CORI inquiries:

1. All applicants for employment for the above stated positions shall be provided with a CORI Request Form ("form") with their application for employment. The applicant shall complete and sign the form as a condition of consideration for employment. The completed form shall be submitted with the applicant's application for employment and accompanied by a photocopy of a government-issued identification bearing a photograph of the applicant. The owner shall then submit the completed form to the Criminal History Systems Board (CHSB) for processing. The owner shall maintain the photocopy of the government-issued identification.

2. Upon receiving the inquiry report from the CHSB, the owner shall closely compare the report with the information on the CORI Request Form and the photocopy of the government-issued identification to ensure the record relates to the applicant. After the owner is satisfied that the identifying information on the CHSB report is accurate as it relates to an applicant, the report shall be utilized by the owner to determine the applicant's suitability for employment and shall adhere to the following guidelines:

• A report indicating "no record" should be considered as evidence of suitability for employment.
• A report indicating a criminal record for an offense listed in Table A as appended to this policy should be considered rebuttable evidence of a presumptive disqualification from employment.
• A report indicating a criminal record for offenses listed in Tables B and C as appended to this policy should be considered rebuttable evidence of a discretionary disqualification from employment.

Presumptive Disqualification: Table A Offenses:

Applicants with a presumptive disqualification based upon a conviction for an offense within Table A should be deemed unsuitable for employment and must be immediately notified of the owner's determination and reasons for the determination based upon the inquiry. Applicants should be provided with copies of both the report and the CHSB's Information Concerning the Process in Correcting a Criminal Record. Applicants may rebut evidence of the presumptive disqualification by submitting a letter of reference from one of the following individuals:

• the current probation officer;
• the district attorney responsible for prosecution of the disqualifying offense;
• the judge presiding over the trial of the disqualifying offense;
Or
• Other relevant and mitigating documentation.

Following the submission of additional information, an applicant shall be given the opportunity to review the information with the owner. A presumptive disqualification should be overturned only where letters of reference or other submitted documents clearly and convincingly state that the applicant is highly unlikely to re-offend or pose a danger to vulnerable parties. Applicants shall be informed in a timely manner of an employment decision.

Discretionary Disqualification: Table B and C Offenses:

Table B Offenses:

Applicants with a discretionary disqualification based upon a conviction for an offense within Table B should be deemed initially unsuitable for employment. Applicants must be notified of the owner's determination based upon the inquiry and must be provided with copies of both the report and the CHSB's Information Concerning the Process of Correcting Criminal Records. Applicants may rebut evidence of a discretionary disqualification by submitting a letter of reference from one of the following individuals:

• the current probation officer
• the district attorney responsible for prosecution of the offense for which the individual was found guilty
• the judge presiding over the trial of the offense for which the individual was found guilty, or
• a treating mental health professional.

The owner should consider the letter of reference and other mitigating factors in making a determination of suitability. Other mitigating factors taken into consideration may include but not be limited to:

1) the time since conviction;
2) the age of the applicant at the time of the offense;
3) the nature of the work to be performed by the applicant;
4) the seriousness of the specific circumstances of the offense;
5) the number of offenses; and
6) any relevant evidence of rehabilitation or lack thereof.

Table C Offenses:

Applicants with a discretionary disqualification based upon a conviction for an offense within Table C should be deemed initially unsuitable for employment pending further review of mitigating factors. Applicants should be notified immediately of the owner's determination based upon the inquiry and should be provided with copies of both the report and the CHSB's Information Concerning the Process of Correcting Criminal Records. Applicants may rebut evidence of a discretionary disqualification based on an offense included in Table C by submitting additional information. Letters of reference from the current probation officer, prosecuting attorney, presiding judge and/or a treating mental health professional may be submitted, but are not required.

Additional information which should be considered in making a determination of suitability for employment may include letters of reference and other mitigating factors in making a determination of suitability as well as the mitigating factors listed above.

The owner should consider all additional information received in a timely manner, retain information submitted by applicants to rebut initial disqualifications, and maintain a record of actions taken prior to a final employment decision.

The owner should notify the applicant of an employment decision in a timely manner. If, after consideration of additional information, the owner determines that an otherwise disqualified applicant is suitable for employment then the owner must additionally retain a written record of the basis for the decision.

Reports and materials generated as the result of a criminal history inquiry must be secured in a locked container for a period of three years from the date of request.



Table A

(Presumptive Disqualification Offenses)

A&B, DANGEROUS WEAPON, VICTIM 60 AND OLDER

A&B CHILD W/ INJURY

A&B ON RETARDED PERSON

ADMINISTERING DRUGS/SEX

ARMED ASSAULT W/INTENT TO MURDER OR ROB

ARMED ASSAULT W/INTENT TO MURDER OR ROB, VICT 60+

ARMED ASSAULT, DWELLING, W/FELONY INTENT

ARMED CARJACKING

ARMED ROBBERY

ASSAULT W/INTENT TO MURDER OR MAIM

ASSAULT W/INTENT TO RAPE

ASSAULT W/INTENT TO RAPE CHILD

ATTEMPT ESCAPE OR ESCAPE BY PRISONER OR SEX/DANG

ATTEMPT TO MURDER

B&E DAY, INTENT COMM FELONY

B&E DAY, INTEND COMM FELONY, FEAR

B&E NIGHT, BLDG/SHIP/M/V, INTEND COMM FELONY

BURGLARY, ARMED

BURNING DWELLING HOUSE

DISTRIBUTE CONTROLLED SUBSTAN, MINOR

DISTRIBUTING OBSCENE PICTURES

ESCAPE BY PRISONER

EXHIBIT POSING CHILD

EXTORTION

FUGITIVE FROM JUSTICE

HOME INVASION

INCEST

INDECENT A&B, CHILD 14 OR OVER

INDECENT A&B, CHILD UNDER 14

INDECENT A&B, RETARDED PERSON

INDUCE MINOR TO PROSTITUTION

INDUCE SEX, MINOR

INTIMIDATION OF WITNESS

KIDNAPPING

MALICIOUS EXPLOSION

MANSLAUGHTER, NEGLIGENCE (MINOR/CHILD)

MANSLAUGHTER

MANUFACTURE/DISTRIBUTE CLASS A SUBSTANCE

MAYHEM

MFG/DIST/DISPENSE CL A W/IN 1000FT SCHOOL

MURDER

PERJURY

RAPE

RAPE AGGRAVATED

RAPE, STATUTORY

TRAFFICKING IN COCAINE

TRAFFICKING IN HEROIN

TRAFFICKING IN MARIJUANA

UNNATURAL ACTS W/CHILD UNDER 16

CONSPIRACY TO COMMIT ANY OF ABOVE OFFENSES

ACCESSORY BEFORE ANY CRIME IN THIS CATEGORY

ATTEMPTS TO COMMIT ANY CRIME IN THIS CATEGORY

MGL

c.265 § 15A(a)

c.265 §13J

c.265 § 13F

c.272 § 3

c.265 § 18(b)

c.265 § 18(a)

c.265 § 18A

c.265 § 21A

c.265 § 17

c.265 § 15

c.265 § 24

c.265 § 24B

c.268 § 16

c.265 § 16

c.266 § 18

c.266 § 17

c.266 § 16

c.266 §14

c.266 § 1

c.94C § 32F

c.272 § 28

c.268 § 16

c.272 § 29A

c.265 § 25

c.276 § 20A

c.265 § 18C

c.272 § 17

c.265 § 13H

c.265 §13B

c.265 § 13F

c.272 § 4A

c.272 § 4

c.268 § 13B

c.265 § 26

c.266 §101

c.265 § 13

c.265 § 13

c.94C § 32

c.265 §14

c.94C § 32J

c.265 § 1

c.268 § 1

c.265 §22(b)

c.265 § 22(a)

c.265 § 23

c.94C § 32E (b) (4)

c.94C § 32E (c) (4)

c.94C § 32E (a) (4)

c.272 § 35A

Table B

(Discretionary Disqualification Offenses I)

A& B DANGEROUS WEAPON

A&B INTIMIDATION, RACE/COLOR/RELIGION

ACCESSORY BEFORE FACT

ACCESSORY AFTER FACT(VARIABLE)

AID ESCAPE FROM CUSTODY

ASSAULT BY DANGEROUS WEAPON

ASSAULT BY DANGEROUS WEAPON, VICTIM 60 AND OLDER

ATTEMPT TO BURN DWELLING HOUSE

ATTEMPT TO COMMIT CRIME (VARIABLE)

ATTEMPTED EXTORTION

BOMB SCARE

B&E TRUCK, INTEND COMM FELONY

B&E, INTEND TO COMM MISDEMEANOR

BEING PRESENT WHERE HEROIN KEPT

BRIBERY OF A POLICE OFFICER

BURGLARY, UNARMED

BURNING BUILDING

BURNING M/V OR PERSONAL PROPERTY

BURNING TO DEFRAUD INSURANCE CO.

CARRYING DANGEROUS WEAPON, COMMITTING FELONY

CARRYING DANGEROUS WEAPON, SUB OFFENSE

CARRYING LOADED RIFLE/SHOTGUN, PUBLIC WAY

CIVIL RIGHTS VIOLATION, BODILY INJURY

COMPOUNDING FELONY

CONTRIBUTE DELINQUENCY CHILD

CREDIT CARD, LARCENY OF

DELIVER ARTICLES TO INMATE

DELIVER DRUGS TO PRISONER

DERIVING SUPPORT FROM PROSTITUTE

DRUG PARAPHENELIA

ENTER W/O BRK, BLDG/SHP/M/V, INT FEL , FEAR

ENTER W/O BRK, NIGHT, DWELL, INTEND COMM FELONY

ENTICE FEMALE, SEX, INTERCOURSE

ESCAPE, FURLOUGH

FALSE INFORMATION FOR GUN PERMIT

FORGERY, ALTER PRESCRIPTION

INDUCE PROSTITUTION

INVOLUNTARY MANSLAUGHTER

KIDNAPPING MINOR BY RELATIVE

KIDNAPPING MINOR BY RELATIVE, ENDANGER SAFETY

LARCENY, BANK EMPLOYEE OR OFFICER

LARCENY, CONTROLLED SUBSTANCE, FROM AUTHORIZED PERSON

LARCENY FIREARM

LARCENY, PERSON

LARCENY, PERSON 65+

MANUFACTURE/DISTRIBUTE CLASS B SUBSTANCE

MANUFACTURE/DISTRIBUTE CLASS C SUBSTANCE

MANUFACTURE/DISTRIBUTE CLASS D SUBSTANCE

MANUFACTURE/DISTRIBUTE/DISPENSE CLASS B SUBSTANCE

MFG/DIST/DISPENSE CL B W/IN 1000FT SCHOOL

M/V HOMICIDE, NEGLIGENT OPERATION

M/V HOMICIDE, RECKLESS OPERATION

M/V HOMICIDE, UNDER INFLUENCE DRUGS, NEGLIGENT OR RECKLESS

M/V HOMICIDE, UNDER INFLUENCE LIQUOR

M/V HOMICIDE, UNDER INFLUENCE LIQUOR, NEGLIGENT OR RECKLESS

OPERATE M/V UNDER INFLUENCE, SERIOUS INJURY

OPERATE M/V UNDER INFLUENCE, DRUGS, 3RD OFFENSE

OPERATE M/V UNDER INFLUENCE, LIQUOR, 3RD OFFENSE

POSSESS BURGLARIOUS TOOLS

POSS CL A SUB W/INT TO DIST W/INT 1000FT SCHOOL

POSS CL B SUB W/INT TO DIST W/INT 1000FT SCHOOL

POSS CL B SUB W/INT TO DIST/MFG/CULT W/INT 1000FT SCHOOL

POSSESS CLASS A SUBSTANCE

POSSESS CLASS A SUBSTANCE, INTENT TO DISTRIBUTE

POSSESS CLASS B SUBSTANCE

POSSESS CLASS B SUBSTANCE, INTENT TO DISTRIBUTE

POSSESS CLASS B SUBSTANCE, W/INTENT DIST/MFG

POSSESS CLASS C SUBSTANCE, INTENT TO DISTRIBUTE

POSSESS CLASS C SUBSTANCE, SUB OFFENSE

POSSESS CLASS D SUBSTANCE, INTENT TO DISTRIBUTE

POSSESS CLASS D SUBSTANCE, SUB OFFENSE

POSS CLASS D SUB W/INT TO DIST W/INT 1000FT SCHOOL

POSSESS CLASS E SUBSTANCE, INTENT TO DISTRIBUTE

POSSESS CONTROLLED SUB W/INTENT DISTRIB, SUB OFF

POSSESS FIREARM W/O LICENSE

POSSESS FIREARM, SERIAL/ID NUM OBLIT

POSSESS FIREARM, SERIAL/ID NUM OBLIT, COMM FELONY

POSSESS INFERNAL MACHINE

POSSESS MACHINE GUN W/O LICENSE

POSSESS MACHINE GUN OR SAWED OFF SHOT GUN, SUB OFFENSE

POSSESS MATTER HARMFUL MINOR

POSSESS M/V MASTER KEY

POSSESSION SHOTGUN, BARREL UND 18 ·SAWED OFF·.

POSSESS SHOTGUN, BARREL UND 18 ·SAWED OFF, SUB OFF

RECEIVE/BUY STOLEN M/V

SELL AMMUNITON W/O LICENSE

SELL OBSCENE LITERATURE, UNDER 18

SELL FIREARM W/O LICENSE

THROW EXPLOSIVES

TRAFFICKING IN COCAINE W/ IN 1000FT SCHOOL

TRAFFICKING IN HEROIN W/ IN 1000FT SCHOOL

TRAFFICKING IN MARIJUANA W/ IN 1000FT SCHOOL

UNARMED ASSAULT, INTENT TO ROB

UNARMED ROBBERY

UNARMED ROBBERY, VICTIM 60+

UNAUTHORIZED USE, CREDIT CARD, OVER $250

UNLAWFUL POSSESSION, BOMB

UNLAWFUL POSSESSION, FIREARM, COMMISSION FELONY

UNLAWFULLY PLACE EXPLOSIVES

UNNATURAL ACTS

UTTER FALSE PRESCRIPTION

VANDALIZE CHURCH/SYNAGOGUE/CEMETERY

VANDALIZE SCHOOL/CHURCH/EDUCATIONAL BLDG

VIOLATE DOMESTIC PROTECTIVE ORDER

VIOLATE STALKING LAW

VIOLATION OF PROTECTIVE ORDER (209A)

CONSPIRACY TO COMMIT ANY OF ABOVE OFFENSES

ATTEMPTS TO COMMIT ANY CRIME IN THIS CATEGORY

ACCESSORY BEFORE ANY CRIME IN THIS CATEGORY

MGL

c.265 § 15A

c.265 § 39(a)

c.274 § 2

c.274 § 4

c.268 § 17

c.265 § 15B(b)

c.265 § 15B(a)

c.266 § 5A

c.274 §6

c.265 §25

c.269 § 14

c.266 § 20A

c.266 § 16

c.94C, §35

c.268A § 2

c.266 § 15

c.266 §2

c.266 § 5

c.266 § 10

c.269 § 10(b)

c.269 § 10(d)

c.269 § 12D

c.265 § 37

c.268 § 36

c.119 § 63

c.266 § 37

c.268 § 31

c.268 § 28

c.272 § 7

c.94C § 32I(a)

c.266 § 17

c.266 § 18

c.272 § 2

c.268 § 16

c.140 § 129

c.94C § 33(b)

c.272 § 6

c.265 § 13

c.265 § 26A

c.265 § 26A

c.266 § 52

c.94C § 37

c.266 § 30

c.266 § 25

c.266 § 25

c.94C § 32A

c.94C § 32B

c.94C § 32C

c.94C § 32A

c.94C § 32J

c.90 § 24G(b)

c.90 § 24G(b)

c.90 § 24G(a)

c.90 § 24G(b)

c.90 §24G(b)

c.90 §24(1)(a)(1)

c.90 §24(1)(a)(1)

c.90 §24

c.266 § 49

c.94C § 32J

c.94C § 32J

c.94C § 32J

c.94C §34

c.94C § 32(a)

c.94C §34

c.94C § 32A(a)

c.94C § 32A

c.94C § 32B(a)

c.94C §34

c.94C § 32C(a)

c.94C §34

c.94C §32J

c.94C § 32D

c.94C § 32(b)

c.269 §10(h)

c.269 § 11C

c.269 § 11B

c.266 § 102A

c.269 §10

c.269 § 10

c.272 § 28

c.266 § 49

c.269 § 10c

c.269 § 10

c.266 § 28(a)

c.140 § 122B

c.272 § 28

c.140 § 128

c.266 § 102

c.94C § 32J

c.94C § 32J

c.94C § 32J

c.265 § 20

c.265 § 19(b)

c.265 § 19(a)

c.266, §37C

c.148 § 35

c.265 § 18B

c.266 § 102

c.272 § 35

c.94C § 33

c.266 § 127A

c.266 § 98

c.208 § 34C

c.265 § 43(a)

c.209A § 7