The above list used to contain a bullet saying that the decision-making of gatekeepers with respect to CORI was "due processless." Happily, in changes which went into effect on July 1, 2005 the CHSB inserted three new provisions providing a measure of due process for applicants. The first of these adds to the Definitions section of the regulations the following:

"Otherwise Qualified. Refers to final applicants that meet all other criteria for positions within an agency's certification pursuant to M.G.L. c. 6, §§ 172(b) or 172(c)."^[32] [In the CHSB regulations the word "agency" means the same as "organization".]

What makes this definition meaningful is the second new regulation which provides, in part:

"(3) In order to obtain a CORI check on an applicant, the agency shall: "(a) confirm that it is currently certified to perform a CORI check on the current or otherwise qualified applicant under its grant of certification from the CHSB;.. . ."

We think the wording is somewhat confusing, but it seems clear that if a CORI check is to be performed on an applicant, that applicant must be "otherwise qualified." The effect is to require that the CORI check be the last, not the first, step in the hiring process.^[33]

And a third new regulation prescribes a fair process which must be followed if the gatekeeper is troubled by anything on the CORI report. The regulation is set out in full as Appendix item [D].

[32] 803 CMR 2.03.

[33] 803 CMR 3.05 (3) (a). We think the regulation's wording would be clearer if the word "employee" or "position holder" were inserted after the word "current."