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 |