COMMONWEALTH OF MASSACHUSETTS	

BOARD OF REGISTRATION OF NURSING HOME ADMINISTRATORS

POLICY No. 07-01

[Adopted April 19, 2007]

CORI POLICY

The Board of Registration of Nursing Home Administrators (Board) adopts this Criminal Offender Record Information (CORI) Policy in compliance with the requirements of the Criminal History Systems Board (CHSB).  The Board is an agency certified by the CHSB for access to CORI for licensing purposes and the Board will generally adhere to the following practices and procedures in connection therewith: 

I.    	CORI checks will only be conducted as authorized by the CHSB.  All applicants 	will be notified that a CORI check will be conducted.  If requested, the applicant 	will be provided with a copy of this CORI Policy.

II. 	An informed review of a criminal record requires adequate training. Accordingly, 	all personnel authorized to review CORI in the decision-making process will be 	thoroughly familiar with the educational materials made available by the CHSB.

III. 	Unless otherwise provided by law, a criminal record will not automatically
	disqualify an applicant.  Rather, determinations of suitability based on CORI
	checks will be made consistent with this Policy and any applicable law or
	regulations, or both.

IV. 	If the Board receives a criminal record from the CHSB, the authorized individual 	will closely compare the record provided by the CHSB with the information on 	the CORI request form and any other identifying information provided by the
	applicant, to ensure the criminal record relates to the applicant.

V. 	If the Board is inclined to make an adverse decision based on the results of the 	CORI check, the applicant will be notified immediately.  The applicant shall be 	provided with a copy of the criminal 	record and the Board's CORI Policy, advised 	of the part(s) of the record that make 	the applicant unsuitable for licensure, and 	given an opportunity to dispute the accuracy and relevance of the CORI record.

VI. 	Applicants challenging the accuracy of the CORI record shall be provided a copy 	of the CHSB’s Information Concerning the Process in Correcting a Criminal
	Record (see page 3).  If the CORI record provided does not exactly match the
	identification information provided by the applicant, the Board will make a 	determination based on a comparison of the CORI record and documents 	provided by the applicant.  The Board may contact the CHSB and request a 	detailed search consistent with CHSB policy.

VII.	If the Board reasonably believes the CORI record belongs to the applicant and is 	accurate, based on the information as provided in Section IV of this Policy, then 	the Board will make a determination of suitability for licensure. Unless otherwise 	provided by law, factors considered in determining suitability for licensure may 	include, but not be limited to, the following:
	
	(a)  Relevance of the criminal offense to licensure;
	(b)  time that has elapsed since the criminal conviction;
	(c)  age of the applicant at the time of the criminal offense;
	(d)  seriousness and specific circumstances of the criminal offense;
	(e)  the number of criminal offenses;
	(f)  whether the applicant has pending criminal charges;
	(g)  any relevant evidence of rehabilitation or lack thereof;
	(h)  any other relevant information, including information submitted by the
	      applicant or obtained by the Board.

VIII. 	The Board will notify the applicant of its decision and the basis of the decision in 	a timely manner.

INFORMATION CONCERNING THE PROCESS IN CORRECTING A CRIMINAL RECORD

1. 	If you have undergone a background check by an agency that has received a
	criminal record from the Criminal History Systems Board (CHSB), you may ask 	the agency to provide you with a copy of the criminal record. You may also 	request a copy of your adult criminal record from the Criminal History Systems 	Board, 200 Arlington Street, Suite 2200, Chelsea, MA 02150 by calling (617) 	660-4640 or go to www.mass.gov/chsb/cori/cori_forms.html#pers.

2.	The CHSB charges a $25.00 fee to provide an individual with a copy of his/her
	criminal record. You may complete an affidavit of indigency and request that the
	CHSB waive the fee.

3. 	Upon receipt, review the criminal record.  If you need assistance in interpreting 	the entries or dispositions, please review the disposition code and "how to read a 	BOP" on the CHSB's website, www.mass.gov/chsb/cori/cori_bop.html.  The 	CHSB does not offer "walk- in" service, but you may call our Legal Division at 	(617) 660-4760 for assistance or the CARI Unit of the Office of the 	Commissioner of Probation at (617) 727-5300.

4. 	If you believe that a case is open on your record that should be marked closed,
	you may contact the Office of the Commissioner of Probation CARI Unit at (617)
	727-5300 for assistance, or you may go to the Probation Department at the court
	where the charges were brought and request that the case(s) be updated.

5. 	If you believe that a disposition is incorrect, contact the Chief Probation Officer at
	the court where the charges were brought or the CARI Unit at the Office of the
	Commissioner of Probation and report that the court incorrectly entered a
	disposition on your criminal record.

6. 	If you believe that someone has stolen or improperly used your identity and was
	arraigned on criminal charges under your name, you may contact the Office of the
	Commissioner of Probation CARI Unit or the Chief Probation Officer in the court
	where the charges were brought.  For a listing of courthouses and telephone
	numbers, please see www.mass.gov/chsb/cori/cori_codes_court.html.

7. 	In some situations of identity theft, you may need to contact the CHSB to arrange
	to have a fingerprint analysis conducted.

8. 	If there is a warrant currently outstanding against you, you need to appear at the
	court and ask that the warrant be recalled.  You cannot do this over the telephone.

9. 	If you believe that an employer, municipality, volunteer agency, housing agency,  	or other agency has been provided with a criminal record that does not pertain to
	you, the agency should contact the CORI Unit for assistance at (617) 660-4640.