Colman Herman v. Division of Occupational Licensure (SPR 20240557)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Office Manza Arthur Supervisor of Records March 7, 2024 SPR24/0557 Jean McCarthy Public Records Unit Division of Occupational Licensure 1000 Washington Street, Suite 710 Boston, MA 02118 Dear Ms. McCarthy: I have received the petition of Colman Herman appealing the response of the Division of Occupational Licensure (Division) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 16, 2023, Mr. Herman requested, “... copies of disciplinary records that deal with the following events involving massage therapist [regarding] records that reveal the details of the incidents and the final dispositions of the cases ... for the period January 1, 2021 to the present.” [1.] Sexual misconduct ...[;] [2.]) Inappropriate conduct with a patient or client ...[;] [3.]) Patient abuse[.] On December 22, 2023, Mr. Herman modified his request for “the complaints that result in discipline.” The Division responded on January 9, 2024. Unsatisfied with the response, Mr. Herman petitioned this office and this appeal, SPR24/0557, was opened as a result. It is my understanding that the Division intends on providing a further response to Mr. Herman. Accordingly, the Division is ordered to provide Mr. Herman with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Herman may appeal the substantive nature of the Division’s response within ninety days. See 950 C.M.R. 32.08(1). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Jean McCarthy SPR24/0557 Page 2 March 7, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman