reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 85 - Rules and Regulations of Board of Registration in Embalming and Funeral Directing; Enforcement; Records; Inspection; Annual Reports; Investigations; Lists

Section 85. The board is authorized to adopt and promulgate such rules and regulations for the transaction of its business and the betterment and promotion of the standards of service and practice to be followed in the profession of embalming and funeral directing, as it may deem expedient and consistent with the laws of the commonwealth; to employ inspectors who shall investigate and report to the board the results of their investigations; to employ such other employees as the work of the board may require; to keep a record in which shall be registered the name and business address of every person and establishment to whom certificates have been granted under section eighty-three, the number and date of such certificate, and the date of each renewal thereof; to inspect the premises in which funeral directing is conducted or where embalming is practiced or where an applicant proposes to practice; to adopt such rules, regulations and classifications as may be reasonable and proper; to define what shall be deemed the proper construction, drainage and ventilation, and what instruments are necessary and suitable in a preparation room and in a funeral establishment. Said board shall be responsible for the enforcement of the provisions of sections eighty-three to eighty-seven, inclusive. The board shall hold examinations for applicants for registration at such times and places and in such manner as it shall determine. The board shall keep a record of all moneys received and disbursed by it, and a duplicate thereof shall always be open to public inspection in the office of the state secretary. It shall make an annual report showing the condition of embalming and of funeral directing in the commonwealth. It shall investigate all complaints of violations of the provisions of sections eighty-three to eighty-seven, inclusive, and, if necessary, bring such violations to the notice of the proper prosecuting officers. A certified list of all funeral directors registered by the board shall be sent by the board, annually before May 1, to the board of health of the several cities and towns of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 85a - Reciprocal Agreements With Other States

Section 85A. The board may, upon the affirmative vote of a majority of its members, enter into and rescind at any time an agreement with the corresponding licensing authority of any other state competent to enter into such an agreement, which agreement shall be in substantially the following form:
We the undersigned representatives of (______________________),
insert names of signatory states
by and through their respective licensing authorities, hereby jointly agree that a person duly registered and licensed as a funeral director, or embalmer in either one of the above named states may go into said other state for the purpose of handling, embalming, transporting and burying dead human bodies and directing funerals as though he were registered under the laws of that state, except that he shall not maintain an establishment, advertise, have any agent or agency or otherwise hold himself out as a funeral director or embalmer other than in the state in which he is licensed.
It is further agreed that the licensing authority of the state in which the funeral director or embalmer is licensed will assume the responsibility for instituting disciplinary action against any licensed funeral director or embalmer who may be guilty of unprofessional conduct in the practice of his business in the other state, when such is called to its attention by the licensing authority of that state.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 86 - Display of Certificate of Registration in Embalming, Funeral Directing or Establishment Certificate

Section 86. Every holder of a certificate of registration in embalming, every holder of a certificate of registration in funeral directing, and every holder of an establishment certificate shall conspicuously display it in his place of business.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87 - Unlawful Embalming; Engaging in Business of Funeral Directing Without Registration; Penalty

Section 87. Whoever, not being registered as an embalmer under section eighty-three or corresponding provisions of earlier laws, shall engage in the profession of embalming dead human bodies, or whoever not being registered as a funeral director under section eighty-three and licensed as a funeral director under section forty-nine of chapter one hundred and fourteen shall engage in the business or profession of funeral directing, or shall hold himself out as such, shall, except as otherwise provided by law, be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both; but this shall not be deemed to prohibit the employment of apprentice embalmers serving under the personal supervision of a registered embalmer, or the employment of assistants in funeral directing under the personal supervision of a registered and licensed funeral director, nor shall it be deemed to prohibit a corporation or partnership, if not engaged in any other business, from engaging in the business of funeral directing, if a duly registered and licensed funeral director is in charge of the business of said corporation or partnership and his name is presented to public view and in all advertising. If such corporation or partnership engages in general advertising for the purpose of advertising funeral services, then all the individuals whose names shall appear on such advertisement shall also be duly registered and licensed funeral directors, and all active members of said corporation or partnership, together with those individuals whose names shall appear, or be used in connection with the name of the corporation or partnership in the regular course of its business in the conduct of funerals and for the purpose of advertising funeral services, shall also be duly registered and licensed funeral directors. No person engaged in embalming or funeral directing or serving as an apprentice shall act or be employed as a caretaker or supervisor at any cemetery.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87a3/4 - Individuals or Firms Practicing Public Accountancy; Liability for Damages in Civil Actions Involving Claim or Defense of Fraud

Section 87A3/4. When an individual or firm licensed to practice public accountancy under section 87B or 87B1/2 is held liable for damages in a civil action arising from or related to its provision of services involving the practice of public accountancy, in which action a claim or defense of fraud is raised against the plaintiff or another party, individual or entity, and that plaintiff or other party, individual, or entity has been found to have acted fraudulently in the pending action or in another action or proceeding involving similar parties, individuals, entities and claims, and the fraud was related to the performance of the duties of the individual or firm licensed to practice public accountancy, the trier of fact shall determine: (a) the total amount of the plaintiff's damages, (b) the percentage of fault attributable to the fraudulent conduct of the plaintiff or other party, individual or entity contributing to the plaintiff's damages, and (c) the percentage of fault of the individual or firm in the practice of public accountancy in contributing to the plaintiff's damages. Under the circumstances set forth in this section, individuals or firms in the practice of public accountancy shall not be required to pay damages in an amount greater than the percentage of fault attributable only to their services as so determined. This section shall not apply where a finding is made that the acts of the individual or firm in the practice of public accountancy were willful and knowing. In such an action involving the practice of public accountancy in which a claim or defense of fraud is raised, if there is pending a separate action or proceeding in which the alleged fraudulent conduct of the same party, individuals or entity against whom the claim or defense is raised is to be adjudicated or determined, the court may stay, on its own or by motion, the action involving the practice of public accountancy until the other action or proceeding is concluded or the issue of fraudulent conduct is determined in that other action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87aa - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Operation of Licensed Shops and Mobile Businesses; Fee; Change of Location

Section 87AA. Upon payment to the board of a fee as provided in section 87CC, the board may authorize a licensee or a person employing a licensee to operate a licensed shop. A mobile business or the holder of a shop license shall not employ for hire or allow an individual to provide aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in the shop or mobile business unless the individual is licensed pursuant to sections 87T to 87JJ, inclusive.
A shop license issued under this section shall be valid only for the location named in the license. Upon a licensed shop's change of location, a new license shall be issued to the shop upon payment of the fee provided in section 87CC. A shop license and mobile business authorization shall not be transferable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87bb - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Licensing of Schools; Fee; Examination and Licensing of Instructors; Rules and Regulations

Section 87BB. The board may license or approve any school which it approves, upon payment of a fee as provided in section 87CC, and such license may be renewed upon payment of a renewal fee as provided in said section 87CC; provided, that standards of professional training at the school are maintained and satisfactory to the board and sufficient courses are offered at the school.
The board shall also issue licenses to all instructors to teach aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring who have adequate experience and education and meet any examination determined by the board.
A person not licensed as an instructor shall not instruct in aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in any school except as authorized by the board.
No person shall be examined as an instructor or licensed as such nor granted a temporary license unless, at the time of filing the application for examination, that person has successfully completed a 4–year high school course or possesses the educational equivalent thereof.
The board may make such reasonable rules and regulations as are necessary for the proper conduct of schools, qualifications of instructors, courses of study and hours of study and as to standards of professional training.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87cc - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Licensing Fees; Renewal Fees; Renewal Cycle and Period

Section 87CC. The fees for a license issued by the board, or for any renewal thereof, shall be determined by the secretary of administration and finance under section 3B of chapter 7. The commissioner of occupational licensure shall determine the renewal cycle and renewal period for all licenses issued by the board. Persons licensed in accordance with sections 87T to 87JJ, inclusive, shall apply to the board for renewal of their licenses on or before the expiration date, as determined by the commissioner, unless such license was earlier revoked, suspended or cancelled as a result of a disciplinary proceeding instituted under this chapter. Applications for renewal shall be made on forms approved by the board and accompanied by payment of a renewal fee, as determined by the secretary of administration and finance under said section 3B of said chapter 7.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87ccc - Real Estate Brokers and Salesmen; Penalty for Illegal Representation or Practice

Section 87CCC. Whoever, without being licensed as required by section eighty-seven RR, acts as a broker or salesman or advertises that he is a broker or salesman shall be punished by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87cccc - Operators of Drinking Water Supply Facilities; Application; Qualifications; Examination; Certificate; Renewal; Fees; Temporary Emergency Certification

Section 87CCCC. A person who desires to be certified as an operator of a drinking water supply facility shall file with the board of certification of operators of drinking water supply facilities, established by section sixty-six B of chapter thirteen, an application upon a form to be furnished by said board. He shall include in such application under oath his qualifications. If the qualifications of the applicant meet or exceed the minimum qualifications established by the board, and if he passes an examination satisfactory to the board, the board shall issue him a certificate, which shall expire at the end of the calendar year in which it is issued and which may be renewed from time to time for periods of not more than four years thereafter, as the board shall determine. The fee for the original certificate and for any renewal thereof shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Said board may provide for the issuance for good cause shown of temporary emergency certification to be effective for a period of no longer than six months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87d1/2 - Public Accountancy; Injunctions or Restraining Orders to Prohibit Unauthorized Practices; Criminal Proceedings

Section 87D1/2. Whenever, as a result of an investigation or otherwise, the board believes that any person or firm has engaged, or is about to engage, in any acts or practices which constitute or will constitute a violation of section eighty-seven D, the board may make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the board that such person or firm has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order or other order as may be appropriate shall be granted by such court.
Whenever, by reason of an investigation, the board has reason to believe that any person or firm has knowingly engaged in acts or practices which constitute a violation of section eighty-seven D, the board may bring its information to the attention of the attorney general, or other appropriate law enforcement officer, who may, in his discretion, cause appropriate criminal proceedings to be brought thereon.
In any action brought pursuant to the provisions of this chapter, evidence of the commission of a single act prohibited by said provisions shall be sufficient to justify a penalty, injunction, restraining order or conviction, respectively, without evidence of a general course of conduct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87dd - Aesthetics, Barbering, Cosmetology, Electrology, Hairdressing and Manicuring; Entry Into Shops or Schools; Inspection; Complaints; Investigation

Section 87DD. The board may enter and inspect a shop, school or mobile business in a proper manner at any time during the business hours of the shop, school or mobile business. If a complaint is made to the board that: (i) a person has suffered personal injury as a result of the occupational practice of aesthetics, barbering, cosmetology, electrology, hairdressing or manicuring; (ii) a person has been exposed to a hazard to the public's health, safety or welfare; (iii) a contagious or infectious disease has been imparted at a shop or by a licensee or authorized mobile business; (iv) a shop, school or location where mobile services are performed is being kept in an unsanitary condition; or (v) a person has been engaged in aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in violation of sections 87T to 87JJ, inclusive, the board shall visit and inspect the shop, school or mobile business where the violation is alleged to have occurred and enforce sections 87T to 87JJ, inclusive, in accordance with applicable laws and regulations. The board may investigate the standard of professional training at a school and the sufficiency of any courses offered at the school.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87ddd1/2 - Real Estate Brokers and Salesmen; Persons Finding Dwelling Accommodations for Fee

Section 87DDD1/2. No person shall engage in the business of finding dwelling accommodations for prospective tenants for a fee unless such person is a licensed broker or salesman as defined in section eighty-seven PP of chapter one hundred and twelve.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87dddd - Operators of Drinking Water Supply Facilities; Necessity of Certification; Penalty; Jurisdiction

Section 87DDDD. No person, corporation, city, town or district shall furnish to the public any drinking water for which any charge is made unless the treatment and distribution of such water is at all times under the supervision of a person who shall have received a certificate of competency issued by the board of certification of operators of drinking water supply facilities, established by section sixty-six B of chapter thirteen, or unless said board shall have issued a temporary emergency certification for a duration of not more than six months. Violation of this section shall be punished by a fine of not more than twenty dollars for each day such violation occurs. The superior court shall have jurisdiction in equity to enforce the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87e - Public Accountancy; Records Incidental to Rendering Services; Confidential Information

Section 87E. All statements, records, schedules, working papers, and memoranda made by a licensee or a partner, member, shareholder, officer, director, or employee of a licensee, incident to, or in the course of, rendering services to a client in the practice of public accountancy, except the reports submitted by the licensee to the client and except for records which are part of the client's records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No such statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his personal representative or assignee, to anyone other than one or more surviving partners, member or stockholders or new partners, member or stockholders of the licensee, or any combined or merged firm or successor in interest to the licensee.
A licensee shall furnish to his client or former client, upon request and reasonable notice:
(1) a copy of the licensee's working papers, to the extent that such working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and
(2) any accounting or other records belonging to, or obtained from or on behalf of, the client which the licensee removed from the client's premises or received for the client's account. The licensee may make and retain copies of such documents of the client when they form the basis for work done by him.
Except by permission of the client engaging a licensee or the heirs, successors or personal representatives of such client, a licensee or any partner, member, officer, shareholder or employee of a licensee shall not voluntarily disclose information communicated to him by the client relating to and in connection with services rendered to the client by the licensee in the practice of public accountancy. Such information shall be deemed confidential; provided, however, that nothing herein shall be construed as prohibiting the disclosure of information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements, or as prohibiting disclosures in court proceedings, in investigations or proceedings conducted pursuant to the provisions of this chapter, in ethical investigations conducted by private professional organizations, or in the course of quality reviews.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87e1/2 - Public Accountancy; Reviewer Disclosure of Materials Relating to Quality Reviews; Liability

Section 87E1/2. A reviewer shall not be permitted or required to testify or otherwise provide evidence or discovery in any civil action, arbitration, judicial or administrative proceeding relating to a quality review in which the reviewer was involved, and any proceeding, record, report, finding, recommendation, opinion and work paper prepared by or on behalf of a reviewer in connection with a quality review shall not be subject to subpoena, discovery or other means of legal process in any such proceeding and shall not be admissible evidence in any such proceeding, except that: (i) quality review reports voluntarily submitted to the board by the reviewed accountant or accounting firm may be reviewed and relied upon by the board; and (ii) quality reviews required by the board pursuant to section eighty-seven C1/2, and any documentary record, report, finding, recommendation, opinion and work paper prepared by or on behalf of a reviewer in connection therewith, and the testimony of the reviewer, shall be made available to the board upon its request and may be relied upon by the board. Disclosure to the board under the provisions of clause (i) or (ii) shall not render such materials or testimony publicly available or otherwise discoverable or subject to legal process or admission in a civil proceeding; provided, however, that if otherwise admissible, such materials or testimony may be admitted under seal in a proceeding brought by the reviewed accountant challenging an action of the board taken in reliance, in whole or in part, on said review.
No person or firm shall be liable as a result of providing information or documents to a reviewer as part of a quality review.
No reviewer acting in good faith shall be liable as a result of any act or omission in connection with a quality review.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87ee - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Revocation or Suspension of License

Section 87EE. The board shall be under the supervision of the division of occupational licensure and shall have all the authority conferred under sections 61 to 65E, inclusive. The board, under such reasonable rules and regulations as it may make, may for cause, including unprofessional conduct, fraud, deceit or misrepresentation in practice or in advertising, habitual drunkenness, gross incompetence or for violation of any of sections 87T to 87JJ, inclusive, or any rule or regulation made thereunder, revoke, suspend or otherwise discipline any licensee granted a license under said sections 87T to 87JJ, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87ff - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Re-Licensing; Revocation of Suspension

Section 87FF. The board may, by a majority vote, again license a person or school whose license has been cancelled or revoke the suspension of a license under section 87EE, if satisfied that this can be done consistently with the public interest; provided, however, that notwithstanding this section, failure to pay or appeal an assessed fine shall be considered grounds for the refusal to renew a license under section 13 of chapter 30A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87gg - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Expiration of License; Renewal Fees; Practical Examination

Section 87GG. Each license granted under sections 87T to 87JJ, inclusive, shall expire upon the date prescribed pursuant to section 87CC and shall be renewed upon the filing of an application for renewal and the payment of the prescribed renewal fee not later than its expiration. No person licensed under said sections shall engage in the occupation covered by such license until the prescribed renewal fee shall have been paid and renewed license issued. Any licensee whose license has not been renewed within 3 years following the date of expiration of that license shall be entitled to renewal of such license upon filing an application, accompanied by the proper fee for renewal and by passing a practical examination satisfactory to the board; provided, however, that a person who has at any time been licensed as both an aesthetician, barber, electrologist or cosmetologist and as an instructor, if such person has every 2 years renewed either such license, may reinstate the other without examination even if such other has been lapsed beyond 3 years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87hh - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Refusal, Suspension or Cancellation of License; Appeal

Section 87HH. Any person aggrieved by the refusal of the board to grant, or by its suspension or cancellation of, a license, or by its refusal to again license the person, may seek judicial review under section 14 of chapter 30A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87ii - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Penalty for Illegal Representation or Practice

Section 87II. Whoever engages in or follows, attempts to engage in or follow or acts as an instructor of the occupation of aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring, without being duly licensed by the board and whoever conducts or attempts to conduct a shop or school without a license or a mobile business without authorization by the board and whoever violates sections 87T to 87HH, inclusive, shall, in addition to any other penalty prescribed or authorized by said sections 87T to 87HH, inclusive, be subject to penalties under sections 61 to 65E, inclusive. Upon notice from the board, the board of health or any equivalent authority of a city or town shall terminate a general authorization to conduct business given to such shop, school or mobile business.
No person shall engage in the practice of electrolysis or hold oneself out as a practitioner of or being able to practice electrolysis unless that person is duly licensed by the board or is a qualified physician licensed under the laws of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87kk - Application of Secs. 87t to 87jj

Section 87KK. Sections 87T to 87JJ, inclusive, shall apply to licensees who are employed by the commonwealth. Nothing in sections 87T to 87JJ, inclusive, shall be deemed to authorize a licensee to engage in massage or any other occupation requiring a license to the extent such services fall outside the scope of the license issued by the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87pp - Definitions Applicable to Secs. 87pp to 87ddd

Section 87PP. For the purposes of sections eighty-seven PP to eighty-seven DDD, inclusive, the following words and phrases, unless the context otherwise requires, shall have the following meanings:—
''Board'', the board of registration of real estate brokers and salesmen.
''Non-resident'' shall include and be deemed to apply to an individual whose principal place of abode is without the commonwealth and to a corporation, society, association or partnership, organized, formed or existing under the laws of another state and which does not maintain a usual place of business within the commonwealth.
''Real estate'', any and every estate or interest in land and the improvements thereon, whether corporeal or incorporeal, whether freehold or non-freehold, and whether or not said land is situated within the commonwealth.
''Real estate broker'', hereinafter referred to as broker, any person who for another person and for a fee, commission or other valuable consideration, or with the intention or in the expectation or upon the promise of receiving or collecting a fee, commission or other valuable consideration, does any of the following:—sells, exchanges, purchases, rents or leases, or negotiates, or offers, attempts or agrees to negotiate the sale, exchange, purchase, rental or leasing of any real estate, or lists or offers, attempts or agrees to list any real estate, or buys or offers to buy, sells or offers to sell or otherwise deals in options on real estate, or advertises or holds himself out as engaged in the business of selling, exchanging, purchasing, renting or leasing real estate, or assists or directs in the procuring of prospects or the negotiation or completion of any agreement or transaction which results or is intended to result in the sale, exchange, purchase, leasing or renting of any real estate.
''Real estate salesman'', hereinafter referred to as salesman, an individual who performs any act or engages in any transaction included in the foregoing definition of a broker, except the completing of the negotiation of any agreement or transaction which results or is intended to result in the sale, exchange, purchase, renting or leasing of any real estate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87qq - Real Estate Brokers and Salesmen; Applicability of Secs. 87rr to 87ddd Exemption

Section 87QQ. The provisions of sections eighty-seven RR to eighty-seven DDD, inclusive, shall not apply to the following:—any person who, acting for himself as owner, lessor, lessee, tenant or mortgagee, shall perform any of the aforesaid acts of a broker or salesman with reference to real estate owned or leased or rented by or to him, or mortgaged to him; the regular employees of any person aforesaid, with respect to such real estate, if such acts are performed in the regular course of, or as an incident to, the management of such real estate and the investment therein; any person, while acting for himself, who seeks to acquire, lease or rent real estate for his own use or investment or his regular employees acting in behalf of such person in the regular course of their employment; a person acting for himself in negotiating a loan secured or to be secured by a mortgage or other encumbrance upon real estate, or his regular employees acting therein in behalf of such person in the regular course of their employment; a managing agent while acting under a contract with the owner of the real estate or the regular employees of such agent acting in his behalf in the regular course of their employment; a person acting as a licensed auctioneer; a person buying, selling or otherwise dealing in any stock, bond or other security, or certificate of beneficial interest in any trust; a public officer or employee while performing his official duties; a person acting as attorney in fact under a duly executed power of attorney from an owner of real estate authorizing the final consummation by performance of any contract for the sale, leasing or exchange of real estate; the services rendered to a client by an attorney at law in the performance of his duties as such; a receiver, trustee in bankruptcy, executor, administrator, guardian or conservator, while acting as such; a person selling real estate under order of any court; a trustee acting under a written instrument of trust, or deed or declaration of trust, or will, or his regular employees, acting in the course of their employment; a bank as defined in section one of chapter one hundred and sixty-seven or organized under the laws of the United States or an insurance company lawfully engaged in business in the commonwealth, or the regular employees of such bank or insurance company acting in the course of their employment, when such bank or insurance company is acting in any aforementioned capacity of a fiduciary or is acting for itself in negotiating a loan secured or to be secured by a mortgage or other encumbrance upon real estate or is acting for itself with reference to real estate owned, mortgaged, leased or rented, by or to it or which it seeks to acquire, lease or rent for its own use; a credit union organized under chapter one hundred and seventy-one or the regular employees thereof acting in the course of their employment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87rr - Real Estate Brokers and Salesmen; License; Completion of Transactions; Fee or Commission; Action for Compensation

Section 87RR. Except as otherwise provided, no person shall engage in the business of or act as a broker or salesman directly or indirectly, either temporarily or as an incident to any other transaction, or otherwise, unless he is licensed.
No salesman may conduct or operate his own real estate business nor act except as the representative of a real estate broker who shall be responsible for the salesman and who must approve the negotiation and completion by the salesman of any transaction or agreement which results or is intended to result in the sale, exchange, purchase, renting or leasing of any real estate or in a loan secured or to be secured by mortgage or other encumbrance upon real estate. No salesman shall be affiliated with more than one broker at the same time nor shall any salesman be entitled to any fee, commission or other valuable consideration or solicit or accept the same from any person except his licensed broker in connection with any such agreement or transaction. A salesman may be affiliated with a broker either as an employee or as an independent contractor and may, by agreement, be paid as an outside salesperson on a commission-only basis but shall be under such supervision of said broker as to ensure compliance with this section and said broker shall be responsible with the salesman for any violation of section eighty-seven AAA committed by said salesman.
Except as otherwise provided no person shall recover in any suit or action in the courts of the commonwealth for compensation for services as a broker performed within the commonwealth unless he was a duly licensed broker at the time such services were performed; provided, however, that nothing contained herein shall be construed as affecting the right of a licensed salesman to recover in a suit or action against a broker on any contract or agreement with said broker.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87u - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Registration of Students; Practice Upon Paying Customers

Section 87U. The board may require schools to register or report the progress of enrolled students. No fee shall be required for such registration. No student shall practice aesthetics, barbering, electrolysis, hairdressing or manicuring upon any paying customer and no school shall directly or indirectly make any charge for services in connection with such practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring. A school shall not pay a student for any services rendered by the student.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87v - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Rules and Regulations; Examinations; Specialty Limited Licenses

Section 87V. The board shall make such uniform rules and regulations as the board deems proper for the performance of its duties, the practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing, manicuring, mobile services, the operation of shops and mobile businesses and rules governing the education, experience or examination requirements for applicants for an aesthetician, barber, cosmetologist, electrologist or manicurist licenses. The board shall hold frequent examinations in the greater Boston area and at such other convenient locations as it deems necessary. The board may issue specialty limited licenses within the practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing and manicuring to the extent necessary for the protection of the public's health, safety and welfare. Natural hair braiding shall be exempt from the rules and regulations issued by the board.
Except as may be necessary for the protection of the public health, safety or morals, the board shall not make any rule or regulation restraining the normal and incidental business of a person licensed or authorized by the board by restricting the retail sale of beauty preparations, lotions, salves, toilet articles, jewelry, gift novelties, personal attire and accessories or other articles.
The practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing and manicuring shall be engaged only in a licensed shop or other location authorized by the board and shall be provided with such instruments, implements and equipment and subject to such sanitary regulations and inspection as said board may prescribe. The board shall promulgate rules and regulations permitting the dual use of a room for massage therapy and cosmetology within the establishment provided the establishment is also licensed as a massage therapy establishment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87vv - Licensed Real Estate Salesmen; Restrictions; Notices

Section 87VV. No salesman who is not licensed shall be affiliated with a broker. A licensed salesman affiliated with a licensed broker shall not act as salesman for any other licensed broker while so affiliated, nor accept any valuable consideration for the performance of any act as a real estate salesman from any person except the broker with whom he is affiliated. A licensed salesman shall promptly give written notice to the board of any change of his business address, and failure to give such notice shall be grounds for the revocation of such license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87w - Licensing of Demonstrators; Licensing of Hairdresser, Barber, Cosmetologist, Aesthetician, Operator or Instructor as Demonstrator; Fees; Place of Demonstrations

Section 87W. Any demonstrator who has had at least 3 months of practical experience as such and who, after application, accompanied by a notarized affidavit from each manufacturer or distributor for whom the demonstrator is or was employed during such 3–month period and the fee as provided in section 87CC, together with 2 pictures of the applicant, may be licensed by the board as a demonstrator and thereafter may practice as a demonstrator. Any person who is licensed as a hairdresser, barber, cosmetologist, aesthetician, operator or instructor may, upon payment of said fee, be licensed also as a demonstrator and may thereafter practice as such. Such demonstrations shall be given by a demonstrator only in a licensed shop, in the business quarters of distributors or supply houses in the commonwealth, at professional trade shows or meetings in the presence of licensed shop owners and their employees or in schools or post-secondary institutions with a licensed instructor in attendance or in another location authorized by the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87ww - Non-Residents; Licensed Real Estate Broker or Salesman; Power of Attorney; Service of Process

Section 87WW. A non-resident may be licensed as a broker and a non-resident individual may be licensed as a salesman upon conforming to all pertinent provisions of sections eighty-seven PP to eighty-seven DDD, inclusive; provided, that the board may exempt from the written examination prescribed in section eighty-seven SS a broker or salesman duly licensed in any other state of the United States under the laws of which a similar exemption is extended to licensed brokers and salesmen of the commonwealth. Such non-resident licensee shall not be required to maintain a usual place of business within the commonwealth; provided, that such non-resident broker shall maintain a usual place of business within such other state in which he is so licensed.
No license shall be issued to such non-resident until he shall have filed with the chairman of the board a power of attorney constituting and appointing said chairman and his successor his true and lawful attorney, upon whom all lawful processes in any action or legal proceeding against him may be served, and therein shall agree that any lawful process against him which may be served upon his said attorney shall be of the same force and validity as if served on said non-resident, and that the authority thereof shall continue in force irrevocably as long as any liability of said non-resident remains outstanding in the commonwealth. Service of such process shall be made by leaving duplicate copies thereof in the hands or office of the chairman, and the chairman shall forthwith send one of said copies by mail, postage prepaid, addressed to the defendant at his last address as appearing on the records of the board. One of the duplicates of such process, certified by the chairman as having been served upon him, shall be deemed sufficient evidence of such service, and service upon such attorney shall be deemed service upon the principal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87x - Aesthetics, Barbering, Cosmetology, Electrolysis, Hairdressing and Manicuring; Misrepresentation or False, Fraudulent or Misleading Statements by Licensee Prohibited

Section 87X. No licensee shall include in any advertising or publish, issue or make any misrepresentation or false, fraudulent or misleading statements through the press, circulation of advertising matter, radio, television, display signs or otherwise.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87yy - Real Estate Brokers; Place of Business; Display of License; Notice; Change of Business Location

Section 87YY. A licensed resident broker shall maintain a usual place of business in the commonwealth and shall display conspicuously therein or in any branch thereof his license or a certified copy thereof. He shall promptly give written notice to the board of any change of business location, and the board shall issue a new license for such new location for the unexpired term of such license. Failure to give such notice shall be grounds for the revocation of such license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 112 - Registration of Certain Professions and Occupations › Section 87yy1/2 - Real Estate Brokers and Salesmen; First Signing of Purchase Agreement; Distribution of Home Inspection Brochure; Prohibition of Specific Recommendations; Exception

Section 87YY1/2. At the time of the signing of the first written contract to purchase, real estate brokers and salesmen, or the seller if no broker or salesperson is involved in the sale, shall distribute a brochure, published by the office of consumer affairs and business regulations, educating consumers about the home inspection process. Real estate brokers and salesmen shall not directly recommend a specific home inspection company or home inspector but may, upon request, provide a complete list of licensed home inspectors prepared by the board. This prohibition shall not apply if there is a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer's broker.