Section 9.04 - Application for Certification(1) The Division shall develop, and shall make available on the Commission website, the following:(a) An application form for an endorsed applicant, which shall, at a minimum: 1. Direct the endorsing law enforcement agency to:a. Conduct a background check in accordance with 555 CMR 9.05;b. Conduct an oral interview on behalf of the Commission in accordance with 555 CMR 9.06; andc. Assess whether the applicant possesses good character and fitness for employment in accordance with 555 CMR 9.07;2. Inform the agency that it may not serve as an endorsing law enforcement agency for the applicant if it has not determined that the applicant possesses such character and fitness;3. Instruct the agency that, if it determines that the applicant possesses such character and fitness, it must: a. Complete a character and fitness attestation form in accordance with 555 CMR 9.07;b. Indicate whether the applicant satisfies each other applicable standard set forth in 555 CMR 9.08(2);c. Ensure that a representative affirms the veracity of the information provided under the pains and penalties of perjury and/or the risk of disciplinary action pursuant to M.G.L c. 6E, §§ 3(a), 4(f)(4), 5(c), 8, 9, and/or 10; andd. Maintain documentation concerning the applicant;4. Inform the agency that such documentation may be requested by the Commission;5. Request that the agency identify the head of the applicant's collective bargaining unit, if any; and6. Require the agency to provide an email address that may be used for correspondence related to the certification process for each of the following: c. The head of the applicant's collective bargaining unit, if the unit head is identified by name in the application;(b) An application form for an independent applicant, which shall, at a minimum: 1. Direct the applicant to: a. Submit, or cause to be submitted, the information and materials identified in 555 CMR 9.04(5);b. Affirm the veracity of the information provided under the pains and penalties of perjury and/or the risk of disciplinary action pursuant to M.G.L c. 6E, §§ 3(a), 4(f)(4), 8, 9, and/or 10; andc. Maintain documentation relevant to the application;2. Inform the applicant that such documentation may be requested by the Commission;3. Request that the applicant identify the head of the applicant's collective bargaining unit, if any; and4. Require the applicant to provide an email address that may be used for correspondence related to the certification process for each of the following:b. The applicant's appointing authority, if any; andc. The head of the applicant's collective bargaining unit, if the unit head is identified by name in the application.(c) A character and fitness attestation form for an endorsed applicant, which shall direct an endorsing law enforcement agency to discuss its assessment of the applicant's good moral character and fitness for employment in a specified manner;(d) A professional reference form for an independent applicant, which shall, at a minimum: 1. Recite the standards set forth in 555 CMR 9.08(2);2. Request that the professional reference discuss the extent to which the applicant possesses good character and fitness for employment;3. Request that the professional reference maintain documentation concerning the applicant; and4. Inform the professional reference that such documentation may be requested by the Commission; and(e) A background check form for an independent applicant, by which the applicant may authorize a background check by the Commission in accordance with 555 CMR 9.05.(2) The Commission shall prescribe a fee for the Commission to conduct its own background check concerning an applicant in accordance with 555 CMR 9.05, pursuant to M.G.L. c. 6E, § 3(a)(22).(3) The Executive Director shall set a deadline by which an independent applicant who is certified must submit an application in order to benefit from 555 CMR 9.03. The Executive Director may extend the initial deadline or any revised deadline for good cause, provided that no extension exceeds 30 calendar days.
(4) An endorsed applicant will be considered for certification only where the endorsing law enforcement agency submits to the Division a completed application form that: (a) Is accompanied by a completed character and fitness attestation form in accordance with 555 CMR 9.07;(b) Addresses whether the applicant satisfies each other applicable standard set forth in 555 CMR 9.08(2);(c) Is signed by a representative of the agency under the pains and penalties of perjury and/or the risk of disciplinary action pursuant to M.G.L c. 6E, §§ 3(a), 4(f)(4), 5(c), 8, 9, and/or 10; and(d) An employment and disciplinary record for the applicant that, at a minimum, includes information on:1. Each position in law enforcement in which the applicant has served;2. Each complaint concerning the applicant's conduct while serving in law enforcement; and3. Each form of discipline to which the applicant was subject while serving in law enforcement.(5) An independent applicant will be considered for certification only where the applicant: (a) Submits to the Division a completed application form that:1. Addresses whether the applicant satisfies each standard set forth in 555 CMR 9.08(2); and2. Is signed by the applicant under the pains and penalties of perjury and/or the risk of disciplinary action pursuant to M.G.L c. 6E, §§ 3(a), 4(f)(4), 8, 9, and/or 10;(b) Causes the following to be submitted to the Division:1. Professional reference forms completed by three professional references, at least one of which is a certified law enforcement officer, that address whether the applicant possesses good character and fitness for employment;2. Either of the following: a. All information generated by a background check conducted by a law enforcement agency in accordance with 555 CMR 9.05; orb. A completed background check form providing authorization from the applicant for the Commission to conduct a background check in accordance with 555 CMR 9.05, along with any prescribed background check fee;3. An employment and disciplinary record for the applicant that, at a minimum, includes information on:a. Each position in law enforcement in which the applicant has served;b. Each complaint concerning the applicant's conduct while serving in law enforcement; andc. Each form of discipline to which the applicant was subject while serving in law enforcement.Adopted by Mass Register Issue 1505, eff. 9/29/2023.