1 / 2

COMPLAINT § 5(1), Rule 6A

FLOW CHART OF COMMISSION PROCEDURES. COMPLAINT § 5(1), Rule 6A. SCREENING Rule 6B. NOT DOCKETED Complainant Notified Rule 6C(1). TO COMMISSION IMMEDIATELY IF: Frivolous or unfounded ( Rule 6D ) Stale ( Rule 6E ) Anonymous ( Rule 6F ) Danger of retaliation or

usoa
Download Presentation

COMPLAINT § 5(1), Rule 6A

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. FLOW CHART OF COMMISSION PROCEDURES COMPLAINT §5(1), Rule 6A SCREENING Rule 6B NOT DOCKETED Complainant Notified Rule 6C(1) • TO COMMISSION IMMEDIATELY IF: • Frivolous or unfounded (Rule 6D) • Stale (Rule 6E) • Anonymous (Rule 6F) • Danger of retaliation or • destruction of evidence (Rule 6G) DOCKETED Rule 6C(2) NOTIFY JUDGE §5(2), Rule 6C(3) Notify judge of less than full complaint §5(2)(a)+(b), Rule 6G(4) DISMISS INVESTIGATION §5(1)-(5), Rule 6H SWORN COMPLAINT OR STATEMENT OF ALLEGATIONS §5(5) JUDGE HAS 21 DAYS TO RESPOND and TO REQUEST AN APPEARANCE (Judge Entitled to Discovery) §5(7) + (8) FORMAL CHARGES §5(13) + (14) Continued on Next Page

  2. FLOW CHART OF COMMISSION PROCEDURES (Page 2) Continued from previous page FORMAL CHARGES §5(13) + (14) JUDGE HAS 10 DAYS TO RESPOND §5(14) FORMAL CHARGES and RESPONSE FILED WITH SJC and BECOME PUBLIC §5(14) DISCOVERY; SJC APPOINTS HEARING OFFICER §7(2); §5(14) COMMISSION SCHEDULES HEARING §7(1) PUBLIC HEARING §7(3) HEARING OFFICER’S REPORT §7(8) 20 DAYS FOR EITHER SIDE TO SUBMIT OBJECTIONS §7(8) PUBLIC HEARING RE RECOMMENDATION, IF REQUESTED BY JUDGE OR COMPLAINANT §7(9) The Commission may, at any stage of the proceedings, Dismiss the complaint or, with the agreement of the judge, dispose of it by Informal Adjustment. §8(1) COMMISSION’S RECOMMENDATION TO SJC §7(9) + (10) SJC DECIDES RE SANCTION Simplified for purposes of explication. M.G.L. c.211C and Commission Rules govern.

More Related