119 CMR, § 1.12

Current through Register 1536, December 6, 2024

Section 1.12 - Exemption from Certain Requirements

The Secretary may grant a funded or operated program an exemption from the requirements of 119 CMR 1.11(4)(a), except for those candidates in the lifetime presumptive disqualification category, upon a determination by the Secretary that an exemption is warranted following consideration of the following criteria:

(1) the service needs and level of vulnerability of the clients served by the program;

(2) the potential benefits and risks to those clients as a result of the exemption;

(3) the hiring authority's capacity to perform the review required by 119 CMR 1.11.

Whenever the Secretary grants the exemption, he/she shall document in writing the basis for determining that the exemption is warranted, including providing an assessment of the level of vulnerability of the clients served by the program. The Secretary may revoke the exemption at any time and without prior notice. No program shall be eligible for an exemption pursuant to 119 CMR 1.12 if it serves clients 16 years of age or younger or if it serves a population that is primarily 65 years of age or older.

119 CMR, § 1.12