§ 75 — MassAbility; commissioner; employees; other offices

[ Subsection (a) effective until September 12, 2024. For text effective September 12, 2024, see below.]Section 75. (a) The commission shall be under the direction, supervision and control of the commissioner of rehabilitation, in sections seventy-five to eighty-four, inclusive, called the commissioner, who shall be appointed by the secretary of health and human services, with the approval of the governor, and who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and he shall devote his full time during business hours to the duties of his office.[ Subsection (a) as amended by 2024, 205, Secs. 5 through 7 effective September 12, 2024. For text effective until September 12, 2024, see above.](a) The commission shall be under the direction, supervision and control of the commissioner of MassAbility, in sections seventy-five to eighty-four, inclusive, called the commissioner, who shall be appointed by the secretary of health and human services, with the approval of the governor, and who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and they shall devote their full time during business hours to the duties of their office.(b) The commissioner shall have sole charge, with the advice of the advisory council, of the supervision and administration of the commission.(c) The commissioner may promulgate, in accordance with the provisions of chapter thirty A of the General Laws, rules and regulations relating to the services provided by the commission.(d) The commissioner may, subject to appropriation, appoint and remove a deputy commissioner who shall perform such duties as the commissioner shall determine and shall, in case of a vacancy in the office of the commissioner, or during the commissioner's absence or disability, exercise the powers and perform the duties of the commissioner. Said deputy commissioner shall devote full time to the duties of the office.(e) The commissioner may, subject to appropriation, appoint and remove such assistant commissioners as the commissioner shall from time to time determine, not to exceed three in number, who shall be assigned to areas of responsibility to be specified by the commissioner. Each assistant commissioner shall devote full time to the duties of the office.(f) The commissioner may, subject to appropriation, appoint and remove such assistants to the commissioner as the commissioner shall from time to time determine, not to exceed two in number, who shall be assigned to areas of responsibility to be specified by the commissioner. Each assistant to the commissioner shall devote full time to the duties of the office.(g) The commissioner may, subject to appropriation, appoint and remove such deputy assistant commissioners as the commissioner shall from time to time determine, not to exceed seven in number, who shall be assigned to areas of responsibility to be specified by the commissioner. Each deputy assistant commissioner shall devote full time to the duties of the office.(h) The commissioner may, subject to appropriation, establish regional offices at such locations in the commonwealth as may be deemed necessary to ensure the development and maintenance of the effective administration of the commission. The regions established by the commissioner shall be consistent with those established by the secretary of health and human services as provided in section sixteen of chapter six A. The commissioner may, subject to appropriation, appoint and remove regional directors to administer the regional offices. Each regional director shall devote full time to the duties of the office.(i) The commissioner may, subject to appropriation, establish area offices at such locations in the commonwealth as may be deemed necessary to ensure the effective delivery of services to clients of the commission. The areas established by the commissioner shall be consistent with those established by the secretary of health and human services as provided in section sixteen of chapter six A.The commissioner shall, subject to appropriation and the provisions of chapter thirty-one, appoint area directors to manage the area offices and perform such duties as may be assigned by the commissioner.Each area director shall devote full time to the duties of the office.(j) The commissioner may appoint and remove directors of disability determination services, not to exceed four in number, to perform such duties as may be assigned by the commissioner. Each director of disability determination services shall devote full time to the duties of the office.(k) The commissioner may also, subject to appropriation, appoint such other personnel as may be deemed necessary for the efficient management of the commission.(l) The provisions of section nine A of chapter thirty and the provisions of chapter thirty-one, shall not apply to the office of commissioner, deputy commissioner, assistant to the commissioner, assistant commissioner, deputy assistant commissioner, regional director, or director of disability determination services.[ Second paragraph of subsection (l) effective until September 12, 2024. For text effective September 12, 2024, see below.]If an employee of the commonwealth or of a political subdivision, as defined in section one of chapter thirty-two, shall be appointed to any such position, he shall upon termination of his service in such office or upon elimination of his position, be restored to the position which he held immediately prior to such appointment. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement or other rights to which uninterrupted service in such position would have entitled him. During the period of such appointment each person so appointed from a classified civil service position shall be eligible to take any competitive promotional examination for which he would have otherwise been eligible.[ Second paragraph of subsection (l) as amended by 2024, 205, Secs. 6 through 8 effective September 12, 2024. For text effective until September 12, 2024, see above.]If an employee of the commonwealth or of a political subdivision, as defined in section one of chapter thirty-two, shall be appointed to any such position, they shall upon termination of their service in such office or upon elimination of their position, be restored to the position which they held immediately prior to such appointment. Such restoration shall be made without impairment of their civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement or other rights to which uninterrupted service in such position would have entitled them. During the period of such appointment each person so appointed from a classified civil service position shall be eligible to take any competitive promotional examination for which they would have otherwise been eligible.