Division of Professional Licensure
July 13, 2017 · Read the full official report (PDF) ↗
source
“DPL experienced delays in completing investigations of complaints.”
Read the plain-English breakdown
This is a state performance audit of the Massachusetts Division of Professional Licensure, covering July 1, 2015 through June 30, 2016.
“This report details the audit objectives, scope, methodology, finding, and recommendation for the audit period, July 1, 2015 through June 30, 2016.”
If complaint investigations drag on, unsafe or unlicensed professionals may keep serving the public before the state takes action.
“Investigative delays could also lead to a health and safety risk to the members of the public, who may be obtaining services from unlicensed professionals.”
This matters to ordinary consumers because DPL oversees many professions people hire or rely on, and its job includes protecting public health and safety.
“DPL oversees 28 boards of registration, which license and regulate more than 387,000 individuals and businesses to practice some 50 trades and professions in Massachusetts.”
The main problem was delay: in the auditors' sample, one quarter of complaint investigations were late, averaging 38 extra days beyond DPL's own guidelines.
“Within our sample of 63 complaints, 16 (25%) were delinquent, and on average, DPL took an additional 38 days beyond its guidelines to complete those investigations.”
The auditor recommended that DPL track complaints more closely, and DPL said it had started building monthly reports to monitor complaint status.
“DPL has begun developing monthly reports that can show the status of a complaint at various stages of an investigation, which should help it address complaints more promptly.”
The audit found DPL met the rules for receiving, documenting, and processing complaints, but did not meet its own timeliness expectations for investigations.
“Does DPL complete its investigation of complaints in a timely manner, in accordance with its policies and procedures?”
A complaint means a formal accusation that a licensed person or business broke rules, laws, regulations, or professional standards.
“Complaints are formal allegations levied against licensees that have been accused of noncompliance with applicable state laws, rules, regulations, or professional standards.”
What the Auditor checked
- Complied Does DPL receive, document, and process complaints in accordance with Section 7.0 of Title 250 of the Code of Massachusetts Regulations (CMR), 258 CMR 30.01–30.03, 265 CMR 8.01–8.06, Sections 61 and 65C of Chapter 112 of the General Laws, and Section 232 of Chapter 112 of the General Laws?
- Did not comply Does DPL complete its investigation of complaints in a timely manner, in accordance with its policies and procedures?
What the Auditor found
Why it matters: Delayed investigations can postpone enforcement action against noncompliant licensees and create health and safety risks for the public.
Standard: DPL’s Investigations Unit Manual—Orientation & Procedures establishes complaint priority levels and investigation timeframes of 45, 60, or 90 days. ( Section 12 of Chapter 11 of the Massachusetts General Laws; Section 7.0 of Title 250 of the Code of Massachusetts Regulations; 258 CMR 30.01–30.03; 265 CMR 8.01–8.06; Sections 61 and 65C of Chapter 112 of the General Laws; Section 232 of Chapter 112 of the General Laws; G.L. c. 112, sec. 65B )
1 recommendation
- DPL should establish monitoring policies and procedures and use its complaint-investigation database to routinely monitor complaints so that the tasks associated with their timely completion can be more effectively managed.
Agency response & Auditor reply
Auditor: "Based on its response, DPL is taking measures to address our concerns in this area."
More audits of this entity
Other Office of the State Auditor reports on Division of Professional Licensure .
- Audit of the Division of Professional LicensureState Agency / Office · September 15, 2021