reglab/housing_qa huggingface dataset:
MA Gen L ch 112 § 188 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 188 - Real Estate Appraisers; Continuing Education; Regulations; Certificate or License Revocation

Section 188. A. The board shall adopt regulations for implementation of the continuing education provisions of this act to assure that persons renewing their certifications and licenses as real estate appraisers have current knowledge of appropriate appraisal theories, practices, and techniques, which will provide a high degree of service and protection to those members of the public with whom they deal in a professional relationship under authority of the certification or license. The regulations shall prescribe the following:  (1) policies and procedures for obtaining board approval of courses of instruction;  (2) standards, policies and procedures to be applied by the board in evaluating an applicant's claim of equivalency;  (3) standards, monitoring methods, and systems for recording attendance to be employed by a course sponsored as a prerequisite to board approval of courses for credit;  (4) such other requirements or conditions deemed necessary by the board to carry out the provisions of this chapter.  B. No amendment or repeal of a regulation adopted by the board pursuant to this section shall operate to deprive a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser of credit toward renewal of certification or licensing for any course of instruction completed by the applicant prior to the amendment or repeal of the regulation which would have qualified for continuing education credit under the regulation as it existed prior to such repeal or amendment.  C. On and after January first, nineteen hundred and ninety-two, a certification or license as a real estate appraiser that has been revoked as a result of disciplinary action by the board shall not be reinstated unless the applicant presents evidence of completion of the continuing education required by this section and satisfies any other requirements established by the board. This requirement of evidence of continuing education shall not be imposed upon an applicant for reinstatement who has been required to successfully complete the examination for state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser as a condition to reinstatement of certification.
MA Gen L ch 112 § 189 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 189 - Acts or Omissions Warranting Suspension or Revocation of Rights of Applicants or Certified or Licensed Real Estate Appraisers

Section 189. The rights of any applicant or holder under a certificate or license as a state-certified or state-licensed real estate appraiser may be revoked or suspended, or the holder of the certificate or license may be otherwise disciplined in accordance with the provisions of this chapter, upon any of the grounds set forth in this section. The board shall upon a written sworn complaint or may upon its own motion investigate the actions of a state-certified or state-licensed real estate appraiser, and may suspend or revoke the rights or otherwise discipline a state-certified or state-licensed real estate appraiser for any of the following acts or omissions:  (1) procuring or attempting to procure a certificate or license by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for certification or licensing or through any form of fraud or misrepresentation;  (2) failing to meet the minimum qualifications established herein;  (3) paying money or other consideration other than provided for by this chapter to any member or employee of the board to procure a certificate or license;  (4) a conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime which is substantially related to the qualifications, functions, and duties of a person developing appraisals and communicating appraisals to others, or convicted of any felony;  (5) an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the certificate or license holder or another person or with the intent to substantially injure another person;  (6) violation of any of the standards for the development or communication of appraisals;  (7) failure, or refusal without good cause, to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;  (8) negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;  (9) willfully disregarding or violating any of the provisions of this chapter, or the regulations of the board;  (10) accepting an appraisal assignment when such assignment is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment;  (11) violating the confidential nature of governmental records to which the appraiser gains access through employment or engagement as an appraiser by a governmental agency; or  (12) entry of a final civil judgment against such appraiser on grounds of fraud, misrepresentation or deceit in the making of any appraisal.
MA Gen L ch 112 § 190 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 190 - Hearings; Powers of Board of Real Estate Appraisers; Disciplinary Decisions; Review of Questions of Law

Section 190. A. The hearing on any charge or violation of this chapter shall be at a time and place prescribed by the board and shall be conducted in accordance with the provisions of chapter thirty A.  B. The board shall have the power to sue and be sued in its official name as an agency in the commonwealth; to administer oaths; to take testimony and receive evidence concerning all matters within its jurisdiction. In case of disobedience of a subpoena, the board may apply to any court of the commonwealth to require the attendance and testimony of witnesses and the production of documentary evidence. The board, its members and agents, shall be immune from personal liability for actions taken in good faith in the discharge of their responsibilities, and the commonwealth shall hold the board, its members and agents, harmless from all costs, damages and attorneys fees arising from claims and suits against them with respect to matters to which such immunity applies.  C. If the board determines that a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser has violated any of the provisions of this chapter, it shall prepare a finding of fact and recommend that the appraiser be reprimanded or that his certification or license be suspended or revoked. The decision and order of the board shall be final except as provided in subsection D.  D. Any final decision or order of the board shall be reviewable by the superior court as to questions of law only. Any application for review by said court made by an aggrieved party shall be filed within thirty days after the final decision of the board.
MA Gen L ch 112 § 191 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 191 - Real Estate Appraisers Employed as Disinterested Third Parties or Employed to Provide Specialized Services

Section 191. A client or employer may retain or employ a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser to act as a disinterested third party in rendering an unbiased estimate of value or analysis. A client or employer may also retain or employ a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraiser and the appraisal report must comply with the provision hereof.
MA Gen L ch 112 § 192 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 192 - Contingent Real Estate Appraisal Assignments; Contingent Specialized Services Fees

Section 192. A. A state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser shall not accept a fee for an appraisal assignment that is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion or is contingent upon the opinion, conclusion or valuation reached, or upon the consequences resulting from the appraisal assignment.  B. A state-certified or state-licensed real estate appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.  C. If a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written report of an appraisal. In each written report, this fact shall be clearly stated in a prominent location in such report and also in each letter of transmittal and in the certification statement made by the appraiser in such report.
MA Gen L ch 112 § 193 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 193 - Retention of Real Estate Appraisal Contracts for Five Years; Reports and Supporting Data; Litigation; Records Inspection

Section 193. Each state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser shall retain, for at least five years, originals or true copies of all written contracts engaging his services for real property appraisal work and all reports and supporting data assembled and formulated by the appraiser in preparing such reports.  This five year period for retention of records shall be applicable to each engagement of the services of the appraiser and shall commence upon the date of the submittal of the appraisal to the client unless, within such five year period, the appraiser is notified that the appraisal report is involved in litigation, in which event the five year period for the retention of records shall commence upon the date of the final disposition of such litigation.  All records required to be maintained under the provisions of this section shall be made available by the state-certified or state-licensed real estate appraiser for inspection and copying by the board on reasonable notice to the appraiser.
MA Gen L ch 112 § 194 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 194 - Real Estate Appraisers; Penalty for Illegal Representation or Practice

Section 194. A. Any person acting or purporting to act as a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser without first obtaining a certificate or license to practice under this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a term not to exceed six months, or both such fine and punishment. Upon conviction of a subsequent violation, such person shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a term not to exceed one year, or both such fine and punishment. Charges may be initiated by the attorney general.  B. A person who receives any money or the equivalent thereof as a fee, commission, compensation or profit by, or in consequence of, a violation of any provision of this chapter, shall, in addition to any other penalty, be liable for a penalty of not less than the amount of the sum of money so received and not more than three times the sum so received as may be determined by the court, which penalty may be recovered in a court of competent jurisdiction by any person aggrieved.
MA Gen L ch 112 § 195 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 195 - Actions for Fees Brought by Uncertified and Unlicensed Real Estate Appraisers

Section 195. Uncertified and unlicensed persons may not maintain an action for a fee on non-exempted transactions. No action or suit shall be instituted, nor recovery had, in any court of the commonwealth by any person for compensation for any act done or service rendered as a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser, unless such person held a certificate or license to practice under this chapter at the time of offering to perform any act or service as a real estate appraiser or procuring any promise to contract for the payment of compensation for any contemplated act or service as a real estate appraiser.
MA Gen L ch 112 § 196 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 196 - Definitions Applicable to Secs. 196 to 200

Section 196. As used in this section and sections 197 to 200, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:  ''Apprentice'', a person registered as an apprentice hearing instrument specialist, engaged in dispensing hearing aids under the supervision of a Massachusetts registered hearing instrument specialist or audiologist and studying to become a hearing instrument specialist.  ''Assistive listening device and system'', an amplification system specifically designed to improve the signal to noise ratio for the user that is used to reduce interference from the noise in the background and to enhance hearing level at a distance by picking up sound from as close to the source as possible and sending it directly to the ear of the user.  ''Audiologist'', a person licensed as an audiologist in the commonwealth.  ''Board'', the board of registration of hearing instrument specialists.  ''Dispensing hearing instruments'', (a) the selection and adaptation of suitable hearing aids, the making of ear molds or ear impressions, or both, and providing appropriate initial and follow-up counseling and training in hearing aid use through utilization of results of audiological or hearing tests and hearing aid evaluations, or both; and (b) all acts pertaining to the selling, renting, leasing, pricing, delivery, servicing, repairing and warranty of hearing aids.  ''Hearing aid'', a wearable aid or device, not including surgical implants, which is inserted directly into the ear or worn with an ear mold and air conduction receiver or bone oscillator attachment and any part, attachment or accessory but excluding batteries, cords and accessories thereto, designed for or offered for the purpose of aiding or compensating for hearing loss.  ''Hearing instrument specialist'', a person licensed as a hearing instrument specialist in the commonwealth.  ''Register'', ''registered'', ''registrant'' and ''registration'' shall be used interchangeably with the words ''license'', ''licensed'', ''licensee'' and ''licensure''.  ''Sale'' or ''sell'', to transfer title to a hearing aid or the right of possession of a hearing aid by sales contract, lease, bailment, loan or other means, excluding wholesale transactions of dealers and distributors and excluding transfer of a title to a used hearing aid for purposes of donation to a hearing aid bank for distribution.
MA Gen L ch 112 § 197a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 197a - Hearing Instrument Specialists Licensed Out of State

Section 197A. An individual who holds a license as a hearing instrument specialist or the equivalent thereof as determined by the board from a state which is deemed by the board to have substantially equivalent or higher licensure requirements than those of the commonwealth may be licensed as a hearing instrument specialist without satisfying the requirements of clause (4) of subsection (f) of section 197. The word ''state'', as used in this section, shall include a state or territory of the United States, the District of Columbia, the commonwealth of Puerto Rico or a foreign country, state or province.
MA Gen L ch 112 § 200 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 200 - Violations of Secs. 197 to 200; Punishment

Section 200. (a) The board may, by a majority vote of the entire board and upon determination made after a hearing pursuant to chapter 30A, find that a hearing instrument specialist or apprentice is liable for a violation of the provisions of sections 197 to 200, inclusive, and may impose the following fines and penalties: (1) require such holder to participate in an alcohol or drug rehabilitation program or undergo drug testing as a condition of reinstatement of such license or both; (2) suspend, revoke, cancel or place on probation such registration; (3) reprimand or censure the registrant; (4) require such holder to complete additional education or training or both as a condition of retention or future consideration or reinstatement of such registration; (5) require such holder to practice under appropriate supervision for a period of time to be determined by the board as a condition of retention of future consideration or reinstatement of such registration; (6) require financial restitution, where appropriate; and (7) assess an administrative penalty of not more than $5,000 for each violation.  (b) Whoever, not being registered as a hearing instrument specialist, apprentice or as an audiologist licensed under the board of registration of speech-language pathology and audiology, holds himself out as a dispenser of hearing aids or as being able to dispense hearing aids or whoever impersonates another hearing instrument specialist or apprentice or violates any other provision of the board of registration of hearing instrument specialists or a rule or regulation made under the authority thereof, may be punished by a fine of not less than $1,000 nor more than $5,000 for each violation.  (c) A violation of sections 197 to 199, inclusive, shall also constitute a violation of chapter 93A.
MA Gen L ch 112 § 201 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 201 - Definitions Applicable to Secs. 201 to 210

Section 201. The following words and phrases as used in this section and in sections 202 to 210, inclusive, shall, unless context otherwise requires, have the following meanings:  ''Board'', the board of registration of dietitians and nutritionists established in section 11D of chapter 13.  ''Licensed dietitian/nutritionist'' or ''LDN'', a person licensed under sections 202 to 210 of this chapter. The terms ''licensed dietitian'' and ''licensed nutritionist'' may be used interchangeably.  ''Field of dietetics and nutrition'', the integration and application of scientific principles of food, nutrition, biochemistry, physiology, food management, behavioral and social sciences to achieve and maintain the health of people. The field includes assessing the nutritional needs of individuals and groups of individuals based upon appropriate biochemical, anthropometric, physical, demographic, clinical, and dietary data to determine nutrient needs including enteral and parenteral nutrition; developing, evaluating and monitoring nutrition care plans that establish priorities, goals and objectives for meeting nutrient needs for individuals and groups; and advising and assisting individuals or groups of individuals on appropriate nutritional intake as part of preventive or restorative health care. Dietetics and nutrition also includes integrating information from the nutrition assessment with information on food and other sources of nutrient and meal preparation consistent with cultural background and socioeconomic status.  ''Registered dietitian'', a person registered by the commission of dietetic registration of the American Dietetic Association who practices the field of dietetics and nutrition.  ''Nutritionist'', a person concerned with food science and human nutrition, who adapts and applies food and nutrient information to the solution of food problems, the control of disease and the promotion of health, performs nutritional research, instructs groups and individuals about nutritional research, instructs groups and individuals about nutritional requirements and assists individuals about nutritional requirements, and assists individuals in developing patterns to meet their nutritional needs.
MA Gen L ch 112 § 202 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVI - Public Health|Chapter 112 - Registration of Certain Professions and Occupations|Section 202 - Board of Registration of Dietitians and Nutritionists; Powers and Duties

Section 202. The board shall have the following powers and duties:  (1) to promulgate regulations and adopt such rules as are necessary to regulate the field of dietetics and nutrition and the practice of licensed dietitians/nutritionists;  (2) to receive, review, approve or disapprove applications for licensing and to issue licenses;  (3) to establish administrative procedures for processing applications and renewals and to hire or appoint such agents as appropriate for processing applications and renewals;  (4) to retain records of its actions and proceedings in accordance with the public records law;  (5) to establish specifications for the licensing examination consistent with the Code of Fair Testing Practices in Education and the Standards of Educational and Psychological Testing prepared by the Committee to Develop Standards for Educational and Psychological Testing of the American Educational Research Association, The American Psychological Association and the National Council on Measurement in Education;  (6) to define by regulation the appropriate standards for education and experience necessary to qualify for licensure, and for the conduct and ethics which shall govern the practice of licensed dietitians/nutritionists;  (7) to establish administrative procedures consistent with chapter 30A for the conduct of disciplinary proceedings;  (8) to fine, censure, suspend, revoke or otherwise discipline licensees pursuant to the disciplinary proceedings provided for herein;  (9) to summarily suspend the license of licensees who pose an imminent danger to the public provided a hearing is afforded to the licensee within seven days of the board's action to determine whether such summary action was warranted;  (10) to person such other functions and duties as may be necessary to carry out the provisions of this chapter.