reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166 - Telephone and Telegraph Companies, and Lines for the Transmission of Electricity › Section 44 - Service Observing; Interception

Section 44. Service Observing, Interception.—Service observing of telephone lines conducted by telephone companies for the purpose of determining the quality of transmission or for any other purpose shall cease as soon as a connection is established between the users of the telephone line. Notwithstanding any other law, the line of any subscriber of a telephone company shall not be monitored by a telephone company for the purpose of service observing or random monitoring, if he shall so request in writing to the telephone company. Any subscriber may seek an injunction in the superior court to prevent such service observing or random monitoring.
The department of telecommunications and cable shall require that each telephone company file annually with it a complete report of all service observing activity carried on by any telephone company including the number of calls monitored during the previous calendar year, all rules and regulations of the telephone companies for such service observing, a complete description of the location of each service observing facility, for each past calendar year the number of employees engaged in service observing and a statement of the expenses incurred for such service observing to include salaries, cost of capital equipment and maintenance and replacement costs of such equipment, and administrative expenses incurred. The department shall also conduct periodic inspections at least semiannually of such service observing to determine whether or not it complies with this section and the accuracy of the reports filed. In the event of the failure of any telephone company to comply with this section the department of telecommunications and cable must order that the activity cease until compliance is obtained and may seek an enforcement order in the Superior Court of Suffolk County.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 1 - Definitions

Section 1. The following terms as used in this chapter shall, unless the context requires otherwise, have the following meanings:—
''Community antenna television system'' or ''CATV system'', a facility as defined by federal law at 47 USC section 522 (7).
''CATV operator'' or ''Operator'', a person operating a CATV system.
''Department'', the department of telecommunications and cable established by chapter 25C.
''Division'', the division of community antenna television.
''Issuing authority'', the city manager of a city have a plan D or E charter, the mayor of any other city, or the board of selectmen of a town.
''Licensee'', a person who is issued a license pursuant to section 3.
''Area or areas to be served'', may include a municipality or a portion of a municipality in order to reflect within municipal boundaries, the various economic, cultural, geographic and community interests of the citizens residing therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 2 - Division of Community Antenna Television

Section 2. There shall be within the department of telecommunications and cable a division of community antenna television. Subject to section 4 of chapter 25C, the commissioner of the department shall have all the powers and duties under this chapter including, but not limited to: presiding at hearings pursuant to section 2A; maintaining or intervening in an action pursuant to section 12; hearing appeals and issuing enforcement orders pursuant to section 14; regulating rates pursuant to section 15; adopting regulations pursuant to section 16; enforcement powers pursuant to section 17; and all other authority to carry out the duties and responsibilities of this chapter. Except as otherwise provided in this chapter, appeals taken from the orders of the department shall be taken in the same manner and according to the same procedure for the department of public utilities established in section 5 of chapter 25.
As of December 31, 2001, and annually thereafter, the department shall report to the general court concerning the appeals that came before the division for that particular calendar year. The report shall detail the nature of each appeal and its outcome. Each annual report shall be filed with the clerks of the senate and house of representatives who shall forward the same to the joint committee on energy and the house and senate committees on ways and means. The report shall be made available to the public by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 2a - Commissioner; Powers and Duties; Employees

Section 2A. The commissioner shall preside at all hearings except as hereinafter provided. The consumer's council shall have the authority to represent the people of the commonwealth in all such hearings and shall be deemed an aggrieved party for the purposes of judicial or administrative review of any decision or ruling in such proceedings. Matters other than those of formal or administrative character may be heard, examined and investigated by an employee of the department designated and assigned thereto by the commissioner. Such employee shall make a report in writing on every such matter to the commissioner for the commissioner's decision thereon. For the purposes of hearing, examining and investigating any such matter such employee shall have all of the powers conferred upon a commissioner by section seventeen, and all pertinent provisions of said section shall apply to such proceedings.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 3 - Licenses for Construction or Operation of Systems, Necessity, Non-Exclusiveness, Contents

Section 3. No person shall construct, commence construction, or operate a CATV system in any city or town by means of wires and cables of its own or of any other person, without first obtaining as herein provided a written license from each city or town in which such wires or cables are installed or are to be installed, a copy of which shall be forwarded to the division. Such license must be non-exclusive. Each such license shall contain the following provisions:—
(a) The area or areas to be served;
(b) The completion date of the installation of all equipment, wires and cables necessary to serve the named area or areas;
(c) The date service shall be available to the named area or areas;
(d) The term of the license, which shall not be more than fifteen years; and
(e) Such other terms and conditions as have been authorized by the division.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 4 - License Applications, Necessity, Form, Contents, Signatures, Disclosure of Ownership; Additional Service Areas, Addition to License

Section 4. No such license or renewal thereof shall be issued except upon written application to the appropriate issuing authority on an application form prescribed by the department. Such form shall contain such information as the division may prescribe as to the citizenship and character of the applicant, and the financial, technical and other qualifications of the applicant to operate the system; complete information as to its principals and ultimate beneficial owners, including, in the case of corporations, all stockholders, both nominal and beneficial, owning one per cent or more of the issued and outstanding stock, and, in the case of unincorporated associations, all members and ultimate beneficial owners, however designated; complete information on the extent and quality of service, number of channels, hours of operation, variety of programs, local coverage, safety measures, installation and subscription fees; and such other information as the division may deem appropriate or necessary. Such application shall be signed by the applicant or by a duly authorized representative, evidence of whose authority shall be submitted with the application. Each applicant shall make full disclosure of the true ownership of the applicant and of the equipment to be employed in rendering service and of the source of funds for the purchase, lease, rental and installation of such equipment. Each applicant shall set forth as completely as possible the equipment to be employed, the routes of the wires and cables, the area or areas to be served, the approximate starting and completion dates of construction of the system and the date service will actually be available to the areas named. Additional areas to be served may be added by amendment to the license from time to time pursuant to regulations promulgated by the division.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 6 - Hearing, Notice; Multiple Applicants, Choice, Grounds, Statement of Reasons

Section 6. No license issued under section three shall be granted until the issuing authority has held a public hearing thereon, first causing notice of the time and place of such hearing and of the subject matter sufficient for identification, to be published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication being not less than fourteen days before the day of such hearing, or if there is no such newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing. In the event more than one application is filed in any city or town, the issuing authority shall choose that applicant or those applicants which in its opinion will best serve the public interest. The issuing authority shall issue a public statement in writing containing the reasons for its acceptance or rejection of any or all applications.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 7 - License Transfers or Assignments; Approval

Section 7. No license or control thereof shall be transferred or assigned without the prior written consent of the issuing authority, which consent shall not be arbitrarily or unreasonably withheld. Such consent shall be given only after a hearing upon a written application therefor on forms to be prescribed by the department. The application for consent to a transfer or assignment shall be signed by the licensee and by the proposed transferee or assignee or by their representatives, evidence of whose authority shall be submitted with the application. The consent of an issuing authority to a transfer or assignment of a license for an unconstructed CATV system shall not be given if the consideration being paid in the proposed transaction includes a substantial payment for the license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 8 - Installation and Maintenance of System, Standards; Financial and Ownership Statements, Requirements, Public Inspection

Section 8. Each licensee shall install its CATV system and maintain the quality of the signals transmitted over its system to its subscribers in accordance with standards to be prescribed by the Federal Communications Commission and the department. Each licensee shall file annually with the department on forms prescribed by the department, a statement of its revenues and expenses for official use only. In addition, each such licensee shall file with the department and the issuing authority on forms prescribed by the department, a financial balance sheet and statement of ownership which shall be open to public inspection. Such statements and balance sheet shall be sworn to by the person preparing such forms and by the owner, or if the owner is a corporation, by the treasurer of the corporation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 9 - Application Fees; Initial Licenses, Renewals, Transfers or Assignments; Annual License Fees

Section 9. No application for a license to operate a CATV system or for renewal, transfer or assignment of such a license shall be considered by an issuing authority unless it is accompanied by an application fee of one hundred dollars payable to the city or town. A licensee, serving more than two hundred and fifty subscribers, shall on or before March fifteenth of each year, pay to the commonwealth a license fee equal to eighty cents per subscriber served and to the issuing authority a license fee equal to fifty cents per subscriber served. In determining a license fee, the number of subscribers served shall be measured as of December thirty-first of the preceding calendar year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 10 - Complaints as to Operation of System, Procedure; Licensees' Reports as to Complaints Received and Disposition

Section 10. Complaints by any person as to the operation of any CATV system may be filed in writing with the department or with the issuing authority, each of which shall within ten days forward copies of such complaints to the other. The issuing authority and the department shall be notified by the licensee on forms to be prescribed by the department not less than annually, of the complaints of subscribers received during the reporting period and the manner in which they have been met, including the time required to make any necessary repairs or adjustments.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 11 - Revocation of License; Grounds

Section 11. Any license issued hereunder may after hearing be revoked by the issuing authority or the department for any of the following reasons:—
(a) for false or misleading statements in, or material omissions from any application submitted under section four, five, or any annual return under section eight;
(b) for failure to file and maintain a bond as required under subsection (k) of section five or to maintain insurance as required under subsection (c) of said section;
(c) for repeated violations, as determined by the department, of commitments of a licensee set forth in subsection (j) of section five;
(d) for repeated failure, as determined by the department, to maintain signal quality under the standards provided for in section sixteen;
(e) for any transfer or assignment of a license or control thereof without consent in violation of section seven;
(f) for repeated violations of other obligations of the licensee set forth in section five, except subsection (j), or of the terms of its license;
(g) for failure to complete construction in accordance with the provisions of subsection (n) of section five.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 12 - Mandamus, Injunctive, or Other Judicial Proceedings; Institution or Intervention by Department

Section 12. The department shall have the right to institute, or to intervene as a party in, any action in any court of competent jurisdiction seeking mandamus, injunctive or other relief to compel compliance with any provision of this chapter or any rule, regulation or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 13 - Renewal of Licenses; Forms; Requisite Information

Section 13. Any license issued hereunder may be renewed after hearing by the issuing authority for additional periods each not to exceed ten years. An application for renewal shall be on forms to be prescribed by the department. Such forms shall set forth such facts as the department may prescribe as to the citizenship and character of the applicant for renewal, and its financial, technical, and other qualifications to operate the system, and complete information as to its principals and ultimate beneficial owners, including in the case of corporations, all stockholders both nominal and beneficial owning one per cent or more of the issued and outstanding stock, and in the case of unincorporated associations, all members and ultimate beneficial owners however designated, in order that the applicant for renewal shall make full disclosure as to its true ownership and as to the source of funds to be used for operation of the system.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 14 - Appeals by Aggrieved Applicants

Section 14. Any applicant for a license or renewal of a license who is aggrieved by a denial of its application by the issuing authority or by its failure to act within the period of sixty days, or any licensee who is aggrieved by the action of an issuing authority in modifying, suspending, cancelling, revoking, declaring a license forfeited, denying consent to the transfer or assignment of a license or control thereof, or by the issuing authority's failure to act within the period of sixty days may appeal therefrom to the department within thirty days following notice of such action or within thirty days following the expiration of a sixty day period of inaction, by a petition in writing, setting forth all material facts in the case.
The department shall hold a hearing upon each such appeal, requiring due notice to be given to all interested parties.
If the department approves the action of the issuing authority it shall issue notice to them to that effect, but if the department disapproves of their action it shall issue a decision in writing advising said issuing authority of the reasons for its decision and ordering the issuing authority to conform with such decision. The department shall not, in any event, order a license to be issued until the application for said license has been granted by the issuing authority.
Upon the petition of ten per cent of the subscribers who are taxpayers of the city or town in which a license has been granted by such authority or who are registered voters in the voting precinct or district in the area or areas to be served as set out in the license, or the consumers' council, or upon its own initiative, the department may investigate the granting, renewal, transfer or assignment of such a license or the conduct of the business being done thereunder, and may, after a hearing, modify, suspend, revoke or cancel such license for cause.
If the issuing authority fails to suspend, revoke, cancel or declare forfeited a license or to perform any other disciplinary act when lawfully ordered so to do by the department upon appeal or otherwise, within such reasonable time as it may prescribe, the department may itself revoke such license or perform such act, with the same force and effect as if issued or performed by the issuing authority, but no license shall be issued by the department except in ratification of a prior issuance to the same party by the issuing authority.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 15 - Rate Regulation

Section 15. For a period of three years from the effective date of this chapter, the department shall study the necessity and desirability of rate regulation, and thereafter it may, upon its own motion or upon request of any issuing authority or licensee, after due hearing and investigation, fix and establish, for each community antenna television system in the commonwealth, a fair and reasonable rate of return from subscription rates charged to subscribers, said rates to be adequate, just, reasonable and non-discriminatory. Notwithstanding any other provision of this paragraph, the department may, after due hearing and investigation, suspend regulation of rates and charges in any cable television system upon a finding that adequate competitive alternatives exist to the provision of services offered by cable television systems. In the event of such a suspension, the department shall, by oversight and surveillance, review periodically any facts or standards employed in determining the presence of said competition.
The department shall cause notice of the time and place of every such hearing to be published in at least one newspaper of general circulation in the municipality or service area affected. Such notice and schedule shall be in such form as the department may deem expedient.
The department may make, and, at any time, alter or amend, reasonable rules and regulations to facilitate the operation of this section and enforce the application of the rates fixed and established by them, may conduct hearings and investigations under this section, and may at any time require any company to file with them such data, statistics, schedules, or information as they may deem proper or necessary to enable them to fix and establish or secure and maintain fair and reasonable rates. They may issue such orders as they find proper, expedient or necessary to enforce and administer the provisions of this section, to secure compliance with any rules or regulations made thereunder, and to enforce adherence to the rates fixed and established by them. The superior court for the county of Suffolk shall have jurisdiction in equity upon the petition of the department and after a summary hearing, to enforce all lawful orders of the department. Memoranda of all actions, orders, findings, and decisions of the department shall be signed by them and filed in their office as public records open to public inspection.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 16 - Issuance of Standards and Regulations; Mediation Between Cities and Towns; Representation Before f.c.c.; Certification of Performance; Distribution of Obscene Material

Section 16. The department may after hearing issue such standards and regulations as it deems appropriate to carry out the purpose of this chapter for which purpose it may employ such expert assistants as it deems necessary. The department shall have the authority to mediate between cities and towns and after appropriate notice and hearing to make a final decision, in the event of conflict in the exercise of jurisdiction to authorize or regulate CATV systems. The department shall also represent the interests of the citizens of the commonwealth before the Federal Communications Commission and shall certify the performance of the CATV operators under its jurisdiction to appropriate federal, state and local authorities.
Except as set forth in section three, nothing in this chapter shall prohibit a city or town from prohibiting the distribution on basic service of material, which is obscene as defined in section thirty-one of chapter two hundred and seventy-two, by the licensee to subscribers of said city or town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 17 - Visitation, Examination, Subpoena, and Oath Administering Powers of Department

Section 17. The department or its employees may visit the places of business and other premises and examine the records and facilities of all CATV companies to ascertain if all rules and regulations and orders of the department have been complied with, and any cases of non-compliance shall be reported by it to the issuing authority. The department shall also have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter over which it has jurisdiction, control or supervision. The department shall have the power to administer oaths and affirmations to persons whose testimony is required.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 18 - Violations, Penalties

Section 18. Any person or the officer, agent, or employee of any organization who willfully violates any provision of this chapter or of any rule, regulation, or order adopted thereunder, or who willfully procures, aids, or abets any violation of such a provision shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in a jail or house of correction for not more than six months, or by both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 166a - Community Antenna Television Systems › Section 19 - Hearings, Applicability of Administrative Procedure Act; Public Hearings

Section 19. The hearing provided for in sections eleven, fourteen, fifteen and sixteen shall be subject to the provisions of chapter thirty A. No other hearing provided for or required by any section of this chapter shall be subject to chapter thirty A but all such hearings shall be public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:—
''Bank'', any association or corporation chartered by the commonwealth under chapter 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the commonwealth subject to the supervision of the commissioner.
''Commissioner'', the commissioner of banks.
''Cooperative bank'', an association or corporation chartered pursuant to chapter 170.
''Credit union'', an association or corporation chartered pursuant to chapter 171.
''Federal bank'', a national banking association, savings and loan association or savings bank that exists by authority of the United States, the main office of which is located in the commonwealth.
''Federal branch'', a branch in the commonwealth of any out-of-state federal bank.
''Foreign bank'', an association or corporation authorized to do a banking business the main office of which is located outside the commonwealth and which exists by authority of a country other than the United States.
''Internet bank'', a bank, federal bank, foreign bank or out-of-state bank that provides its services exclusively or primarily through the internet.
''Limited purpose trust company'', an association or corporation chartered pursuant to section 9A of chapter 172.
''Massachusetts bank'', a bank, other than an association or corporation chartered pursuant to chapter 171.
''Massachusetts branch'', a branch in the commonwealth of an out-of-state bank.
''Out-of-state bank'', an association or corporation authorized to do a banking business, the main office of which is located outside the commonwealth and which exists by authority of a state of the United States except the commonwealth.
''Out-of-state branch'', a branch of a Massachusetts bank located outside the commonwealth.
''Out-of-state federal bank'', a national banking association, savings and loan association or savings bank that exists by authority of the United States, the main office of which is located outside the commonwealth.
''Savings bank'', an association or corporation chartered pursuant to chapter 168.
''State'', a state, commonwealth or territory of the United States, the District of Columbia, or a foreign country.
''Trust company'', an association or corporation chartered pursuant to chapter 172.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 1a - Rules and Regulations

Section 1A. The commissioner shall promulgate rules and regulations establishing minimum standards relative to the security and protection of credit unions under the commissioner's supervision, both for the benefit of employees as well as the general public, including the requirement for the installation, maintenance and operation of security devices and procedures and to assist in the identification and apprehension of criminals.
Said rules and regulations shall fix the time limit within which each such credit union shall comply with the standards so established and may require the submission, in writing, of periodic reports and other information necessary to ensure compliance with such rules and regulations. A credit union which violates any rule or regulation promulgated pursuant to this section shall forfeit to the commonwealth $100 for each day during which such violation continues, to be recovered by an information in equity in the name of the attorney general at the request of the commissioner, commenced in the supreme judicial court for Suffolk county.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 2b - Investigation of Unfair Practices

Section 2B. The commissioner shall have the power to examine and investigate into the affairs of every bank engaged in consumer transactions in this commonwealth in order to determine whether such bank has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice as established by the commissioner by regulation in accordance with the provisions of section two A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 2c - Proceedings Regarding Unfair Practices; Notice; Hearing

Section 2C. Whenever the commissioner shall have reason to believe that any such bank has engaged or is engaging in this commonwealth in any such unfair method of competition or unfair or deceptive act or practice and that a proceeding by him in respect thereto would be in the interest of the public, he shall issue and serve upon such bank a statement of the charges in that respect and a notice of a hearing thereon to be held at a time and place fixed in the notice, which shall be not less than twenty-one days after the date of the service thereof.
At the time and place fixed for such hearing, such bank shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring such bank to cease and desist from the acts, methods or practices so complained of.
The commissioner, upon such hearing, may administer oaths, examine and cross examine witnesses, receive oral and documentary evidence, and shall have the power to summons witnesses, compel their attendance, and require the production of books, papers, records, correspondence or other documents which he deems relevant to the inquiry. The commissioner upon such hearing shall cause to be made a stenographic record of all the evidence and all the proceedings had at such hearing. In the case of a refusal by any bank to comply with any summons issued hereunder or to testify with respect to any matter relative to the subject matter of such hearing, the superior court of Suffolk county or the county in which the principal office of the bank is located, upon application of the commissioner, may issue an order requiring such bank to comply with such summons and to so testify. Any failure to obey any such order of the court may be punished by the court as contempt thereof.
Statements of charges, notices, orders and other processes of the commissioner under this section may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions, or by registering and mailing a copy thereof to the bank affected by such statement, notice, order or other process at its principal office. The verified return by the person so serving such statement, notice, order or other process, setting forth the manner of such service, shall be proof of the same, and the return postcard receipt for such statement, notice, order or other process, registered and mailed as aforesaid, shall be proof of the service of the same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 2d - Unfair Practices; Findings; Cease and Desist Orders; Penalty; Modification of Order

Section 2D. If, after such hearing, the commissioner shall determine that the bank charged has engaged in an unfair or deceptive act or practice, he shall reduce his findings to writing and shall issue and cause to be served upon the bank charged with the violation a copy of such findings and an order requiring such bank to cease and desist from engaging in such method of competition, act or practice. In addition, any bank which commits such an act or practice may be punished by a fine of not more than one thousand dollars for each and every such act or practice.
Until the expiration of the time allowed under section two E for filing a petition for review, if no such petition has been filed within such time or, if a petition has been filed within such time, then until the transcript of the record in the proceeding has been filed in the supreme judicial court, as hereinafter provided, the commissioner may at any time, upon such notice and in such manner as he shall deem proper, modify or set aside, in whole or in part, any order issued by him under this section.
Upon the expiration of the time allowed for filing such a petition for review and in the event that no such petition has been duly filed, the commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him under this section whenever in his opinion conditions of fact or of law have so changed as to require such action or if the public interest shall so require.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 2f - Violations of Cease and Desist Orders; Penalties

Section 2F. Any bank which violates a cease and desist order of the commissioner under section two D after it has become final, and while such order is in effect, shall forfeit and pay to the commonwealth a sum not to exceed ten thousand dollars for each violation, which sum may be recovered in a civil action. Upon order of the commissioner, such bank shall also be subject to the suspension or revocation of its charter or such other relief as is reasonable and appropriate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 2g - Penalties for Unfair Practices; Enforcement

Section 2G. The powers vested in the commissioner by sections two A to two F, inclusive, shall be in addition to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices which may be declared by the commissioner hereunder to be unfair or deceptive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 2h - Notice to Commissioner of Activity or Investment of Savings Bank, Co-Operative Bank or Trust Company; Waiver or Extension of Notice Period

Section 2H. Notwithstanding any general or special law to the contrary, a savings bank, co-operative bank or a trust company may engage in any activity or invest in any products or services which are related or incidental to banking, are not prohibited by law and do not pose a substantial risk to the safety and soundness of the savings bank, co-operative bank or a trust company with 30 days notice to the commissioner. Upon the expiration of the notice period, the bank may engage in any such activity or invest in any such products or services. At the time of the notice or at any time the notice is pending, the bank may request that the commissioner waive the remaining notice period. During the notice period, the commissioner may extend the notice period for 30 days for additional review. During such extended period, the commissioner may: make no comment, which would allow the bank to proceed at the end of the period; subject the bank's activity or investment to such terms and conditions as the commissioner may impose; or deny the bank to proceed with any such activity or investment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 2i - Compliance With Federal Laws and Regulations

Section 2I. A bank shall comply with the following federal laws and federal regulations subject to the terms and conditions imposed by this section:
(1) the federal Expedited Funds Availability Act, 12 U.S.C. section 4001 et seq., and regulations promulgated thereunder;
(2) the federal Fair Credit Billing Act, 15 U.S.C. sections 1666 to 1666j, inclusive, and the regulations promulgated thereunder;
(3) the federal Electronic Fund Transfer Act, 15 U.S.C. section 1693 et seq., and the regulations promulgated thereunder; provided, however, that the maximum liability of a consumer under 15 U.S.C. section 1693g shall be limited to $50;
(4) a bank shall comply with the regulations of the federal banking agency, of which it is a member or by which its deposits or accounts are insured, that govern the manner of safeguarding the bank's monies and securities and the deposit of its securities or substantially the same subject matter;
(5) a bank shall comply with 12 CFR Part 326, which governs the minimum security devices and procedures and Bank Secrecy Act compliance, and other applicable regulations of a federal banking agency of which the bank is a member or by which its deposits or accounts are insured which regulations govern substantially the same subject matter; and
(6) a bank shall comply with 12 CFR Part 215, which governs loans to executive officers, directors or principal shareholders of a bank, and federal regulations of a federal banking agency of which it is a member or by which its deposits or accounts are insured which regulations govern substantially the same subject matter.
Notwithstanding this section, the commissioner shall retain jurisdiction over a bank to examine, supervise, take enforcement action against and assist consumers in matters relative to compliance with the federal laws or federal regulations enumerated in clauses (1) through (6), inclusive. Nothing in this section shall affect the commissioner's jurisdiction relative to other federal laws or federal regulations. For the purposes of this section, a bank shall mean a savings bank, a co-operative bank or a trust company. A federal bank, a foreign bank and an out-of-state bank shall comply with clause (3).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 2j - Confidentiality of Information Provided in Applications Filed With Commissioner

Section 2J. A savings bank, co-operative bank or trust company, federal bank, out-of-state bank, foreign bank or limited purpose trust company may request that specific information in any application filed with the commissioner be treated as confidential. The following information shall be eligible for confidential treatment: (i) personal information, the release of which would constitute a clearly unwarranted invasion of privacy; (ii) commercial or financial information, the disclosure of which could result in substantial competitive harm to the submitter; and (iii) information, the disclosure of which could seriously affect the financial condition of any such bank. The commissioner may determine that certain information should be treated as confidential and withhold that information from the public file.
If any such bank requests confidential treatment for information that the commissioner determines is not eligible for confidential treatment, the commissioner may include that information in the public file after notifying the bank.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 3 - Meetings of Board of Directors or Board of Trustees of Bank; Reports on Bank Examinations; Records; Certificates

Section 3. Whenever the commissioner deems it expedient, he may cause a meeting of the board of directors or board of trustees of a bank to be held in such manner and at such time and place as he may direct. Any report of an examination of the affairs of such bank under section two, any conclusions drawn therefrom by the commissioner and any directions or recommendations made by him relative thereto and any other matters concerning the operation or condition of such bank, may be presented to such board by the commissioner in person or by such assistant as he may designate, and the person having custody of the records of such bank, hereinafter referred to as the recording officer, shall forthwith incorporate such directions and recommendations in the records of such meeting. Each director or trustee of such bank who is present at such meeting shall forthwith sign a certificate or other acknowledgment in such form as may be prescribed by the commissioner, that he has heard the directions and recommendations of the commissioner or read the records containing the same. The recording officer of such bank shall, within seven days after the date of such meeting, transmit to the commissioner the said certificates or other forms of acknowledgment, signed as aforesaid, together with an attested copy of the records of such meeting. The recording officer shall also, within such period, mail, by registered mail, an attested copy of the records of such meeting and a blank form for said certificate or other form of acknowledgment, to each director or trustee, unless excused by the commissioner for physical or mental incapacity or absence from the commonwealth, who, in turn, shall sign and return to the recording officer such certificate or other form of acknowledgment. The commissioner may make rules and regulations relative to the filing of such certificates or other form of acknowledgment by absent directors or trustees and relative to their transmission to him. The commissioner may require a monthly report from the recording officer relative to the execution of and compliance with the directions, recommendations or orders set forth at such meeting. The superior court shall have jurisdiction in equity to enforce any lawful order made by the commissioner under the provisions of this section upon application by said commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 4 - Summoning and Examination of Bank Officers

Section 4. The commissioner, or his examiners or such others of his assistants as he may designate, may summon the trustees, officers or agents of a bank, or any other witnesses, and examine them relative to the affairs, transactions and condition of the bank, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making such examination in the performance of his duty, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 5 - Request for Bank Examination

Section 5. Upon written application on oath to the commissioner by five or more officers, trustees, creditors or depositors of a bank setting forth their interest and the reasons for making an examination and requesting him to examine such bank, he shall forthwith make a full investigation of its affairs in the manner provided in the preceding sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 6 - Manner and Form of Books and Accounts; Manner of Safeguard and Deposit of Money and Securities

Section 6. The commissioner may prescribe the manner and form of keeping the books and accounts of a bank and the extent to which they shall be audited. For a credit union, the commissioner may prescribe the manner of safeguarding its money and securities and may promulgate regulations under which a credit union may deposit its securities with savings banks, co-operative banks, trust companies or banking associations for safekeeping.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 6a - Copies of Agreements Concerning Federal Reserve Regulations and Operating Letters, Clearing House Rules, etc.; Rules and Regulations

Section 6A. Any bank, as defined in section one, or a national banking association, federal savings and loan association or federal credit union authorized to do business in the commonwealth, shall make available copies of all agreements as referred to in subsection (2) of 4–103 of chapter one hundred and six.
The commissioner shall establish such rules and regulations as he deems necessary to carry out the purposes of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 7 - Statements and Reports Required by Commissioner or by Law

Section 7. In addition to the reports required by law, banks shall make such other statements and reports to the commissioner as he may require. The commissioner shall furnish blank forms for all statements or reports required to be made to him. Any bank neglecting to make the returns required by law or by the commissioner, or failing to amend such report within fifteen days after notice from him, shall, unless such neglect or failure is due to justifiable cause and not due to wilful neglect, forfeit to the commonwealth, five dollars for each day during which such neglect continues, to be recovered by an information in equity in the name of the attorney general at the relation of the commissioner, brought in the supreme judicial court for Suffolk county.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 167 - Supervision of Banks › Section 8 - Failure to Make or Amend Return, Statement or Report

Section 8. An officer of any bank who, for fifteen days after notice by the commissioner, fails to make any return, statement or report required by law or by the commissioner, or fails to amend such a return, statement or report if lawfully required by the commissioner, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.