555 CMR, § 10.07

Current through Register 1536, December 6, 2024
Section 10.07 - Conditional SRO Certification
(1) If an officer has satisfied all requirements listed in 555 CMR 10.06(3) except the training requirements referenced in 555 CMR 10.06(3)(e) or (f):
(a) The Division may grant the officer a conditional SRO certification in circumstances that the Division finds appropriate, including, but not limited to, where:
1. Certain details need to be supplied or certain information needs to be verified;
2. The officer was unable to satisfy a training requirement because the officer was on approved leave, experienced a demonstrable hardship, or had another valid reason; or 3. The officer has taken all required steps in connection with the SRO certification process, but circumstances beyond the officer's control have delayed a final decision on the application; and
(b) The Division shall require, as a condition of any such conditional SRO certification, that, within a reasonable and specified period of time, the officer complete any training that was required but not completed.
(2) The Division shall attach the following to an SRO certification that it grants an officer pursuant to 555 CMR 10.06(3) or 10.07(1):
(a) Any conditions, limitations, or restrictions that the Commission has attached to that individual's officer certification pursuant to 555 CMR 7.04 or otherwise; and
(b) Any other conditions, limitations, or restrictions that the Division deems warranted.
(3) The Division may determine that an officer is not required to satisfy any conditions attached to a conditional SRO certification, and that any time periods associated with any such conditions do not begin to elapse, before the conclusion of any review or hearing, or the expiration of the time afforded for the officer to seek such review or hearing, pursuant to 555 CMR 10.08.
(4) The Division may extend the time initially allowed for an officer to satisfy a condition attached to a conditional certification, provided that:
(a) The officer has requested an extension of time from the Division prior to the deadline initially set by the Division;
(b) The officer has offered good cause for an extension of time; and
(c) The extension of time does not exceed 30 calendar days, unless the Commissioners approve a longer period of time through an action taken pursuant to M.G.L c. 6E, § 2(e).
(5) When an officer fails to satisfy a condition of a conditional SRO certification within the time allowed, taking into account the provisions of 555 CMR 10.07(3), the Division shall terminate the officer's SRO certification.
(6) When an officer satisfies all conditions of a conditional SRO certification within the time allowed, taking into account the provisions of 555 CMR 10.07(3), and neither the officer's SRO certification nor the officer's officer certification is otherwise limited, restricted, or suspended, the Division shall convert the conditional SRO certification into a full SRO certification with an expiration date of three calendar years from the date on which the initial conditional SRO certification was issued.
(7) In all other respects, an officer who holds a conditional SRO certification possesses a "specialized certification" and is "specially certified" as those terms are used in M.G.L. c. 6E, § 3(b).

555 CMR, § 10.07

Adopted by Mass Register Issue 1495, eff. 5/12/2023.