235 Coercive or Otherwise Improper Conduct (A)

Definitions (1) Coercive conduct means knowingly compelling an applicant, client or former client by force, threat, intimidation, or other abuse of position to take action which is harmful to his or her best interest and which he or she would not otherwise have done. (2) Improper conduct means reckless and unreasonable abuse of authority. Examples of improper conduct include, but are not limited to: a. A worker recklessly and unreasonably violates a Department regulation or procedure in a manner which is directly harmful to the best interests of an applicant, client or former client; b. A worker recklessly and unreasonably requires documents, visits or other actions by the applicant, client or former client which are not authorized by regulation or procedures of the Department; c. A worker recklessly and unreasonably violates the confidentiality of the applicant, client or former client; d. A worker recklessly and unreasonably fails to treat the applicant, client or former client with dignity and respect to which he or she is reasonably entitled; or e. A worker recklessly and unreasonably discourages the applicant, client or former client from applying for assistance or discourages the applicant, client or former client from making inquiries regarding their rights or appealing. (B) Remedies When a hearing officer has found coercive or otherwise improper conduct on the part of any Department employee acting in the capacity of a worker directly involved in the applicant’s, client’s or former client’s case at a fair hearing, the local office director shall: (1) assign a different worker; and (2) initiate appropriate personnel action in accordance with 106 CMR 343.640 (B)(2) including a copy of the written findings, if any, in the worker’s personnel file; and (3) where appropriate, require the worker to send a written apology to the client.