reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 96 - Board of Registration of Home Inspectors; Members

Section 96. There is hereby established within the division of occupational licensure, a board of registration of home inspectors. Said board shall consist of five members to be appointed by the governor for terms of three years. The members so appointed shall be residents of the commonwealth, three of whom shall be licensed home inspectors who have been actively engaged in the practice of home inspection in the commonwealth for at least five years immediately preceding their appointment and who shall have performed not less than 1,000 home inspections for compensation, one of whom shall be a licensed home inspector who has been actively engaged in the practice of home inspection in the commonwealth for at least five years immediately preceding his appointment and who has performed not less than 150 home inspections for compensation and one of whom shall be a consumer who shall be the owner and principal resident of a residential building. All board members shall be subject to the provisions of chapter 268A.
Of the initial members appointed to said board, two shall serve for terms of three years, two shall serve for terms of two years and one shall serve for a term of one year. Each member of said board shall hold office until his successor has been qualified. A vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member shall serve more than two consecutive terms which shall not include any unexpired term to which he has been appointed. A member may be removed by the governor for cause.
Said board shall annually elect from among its members, by majority vote, a chairman and vice-chairman. Said board shall meet at least once every three months and may hold additional meetings as necessary to discharge its duties. Members shall receive no compensation but shall be entitled to reasonable travel expenses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 97 - Board of Registration of Home Inspectors; Duties; Informational Brochure on Home Inspections

Section 97. Said board shall (i) establish the requirements for licensure and for the standards of professional and ethical conduct; (ii) authorize and conduct appropriate examinations to determine the qualifications of applicants; (iii) grant licenses to qualified applicants; (iv) establish standards for continuing education; and (v) set and administer penalties as defined in section 206 of chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by said board.
Said board shall make available to the public a list of licensed home inspectors and associate home inspectors.
Said board shall publish a code of ethics.
The director of consumer affairs and business regulation, after consultation with the board of registration of home inspectors and the board of registration of real estate brokers and salespersons, shall publish an informational brochure on home inspections which shall be issued to home buyers at the signing of the first written contract to purchase. The brochure shall include a definition of a home inspection such that the nature and extent of a home inspection is made clear to a client or prospective client. The brochure shall also include information regarding inspections for lead paint, radon, and termites and other woodboring insects. The joint committee on government regulations and the house and senate committees on post audit and oversight shall receive a copy of the proposed brochure and shall be provided with an opportunity to comment on it 60 days before the brochure is submitted for publication.
Said board shall administer the provisions of sections 221 to 226, inclusive, of said chapter 112 and shall promulgate such rules and regulations as may be necessary to implement the same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 97a - Board of Registration of Home Inspectors; Regulations Outlining Procedures and Benefits of Home Energy Audit

Section 97A. The board of registration of home inspectors, in consultation with the state board of building regulations and standards, the executive office of energy and environmental affairs and the energy efficiency advisory council, shall develop requirements and adopt regulations to require documents to be provided to a buyer of a single-family residential dwelling or a multiple-family residential dwelling with less than 5 dwelling units, or a condominium unit at the time of closing, outlining the procedures and benefits of a home energy audit; provided however, that no additional fees shall be imposed or collected in connection with the provision of such documents.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 98 - Board of Registration of Massage Therapy; Composition; Terms; Voting

Section 98. (a) There shall be within the division of occupational licensure a board of registration of massage therapy. The board shall consist of 7 members who shall be appointed by the governor for terms of 3 years. The members appointed shall be residents of the commonwealth, 3 of whom shall be licensed massage therapists who have been actively engaged in the practice of massage therapy in the commonwealth for at least 5 years immediately before their appointments; 1 of whom shall be a health agent, board member or other health professional employed by or elected to a municipal board of health within the commonwealth; 1 of whom shall be an individual who is actively engaged in the operation of a licensed massage school; and 2 of whom shall be consumers who are familiar with the massage therapy field. All board members shall be subject to chapter 268A.
(b) f the initial members appointed to the board, 3 shall serve for terms of 3 years, 2 shall serve for terms of 2 years and 2 shall serve for terms of 1 year. Each member of the board shall hold office until his successor has been appointed. A vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. A member may be removed by the governor for cause.
(c) The board shall at its first meeting and, annually thereafter, elect from among its members, by majority vote, a chairman and vice-chairman. The board shall meet at least once every 3 months and may hold additional meetings as necessary to discharge its duties. Members shall receive no compensation but shall be entitled to reasonable travel expenses. The members of the board shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 99 - Board of Registration of Massage Therapy; Powers and Duties

Section 99. (a) The board shall have the following powers and duties: (i) to administer and enforce sections 227 to 236, inclusive, of chapter 112; (ii) to adopt rules and regulations governing the licensure of massage therapists, the practice of massage therapy and the operation of massage schools to promote the public health, welfare and safety of citizens of the commonwealth; (iii) to establish standards of professional and ethical conduct; (iv) to establish standards for continuing education reflecting acceptable national standards; and (v) to investigate complaints, conduct inspections, review billing and treatment records and set and administer penalties as defined in sections 61 to 65E, inclusive, and sections 232 to 236, inclusive, of chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by the board.
(b) The board shall make available to the public a list of licensed massage therapists. The board shall establish by regulation a code of ethics.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 101 - Board of Examiners of Sheet Metal Workers; Members; Terms; Frequency of Meetings

Section 101. (a) There shall be within the division of occupational licensure a board of examiners of sheet metal workers to consist of 7 voting members; 2 of whom will be designees of the commissioner of the division of occupational licensure and 5 persons, residents of the commonwealth, to be appointed by the governor for terms of 3 years, 2 of whom shall be journeyperson sheet metal workers with at least 10 years of practical experience and who are wage earners, 2 of whom shall be master sheet metal workers with at least 10 years of practical experience in sheet metal work and 1 of whom shall be a representative of the public and subject to section 9B.
(b) No member shall serve for more than 2 consecutive and complete 3–year terms. As the term of the office of a member expires, a successor shall be appointed in like manner for a term of 3 years. The governor may fill a vacancy in the board for the unexpired portion of the term.
(c) The board shall annually elect from among its members a chairman and vice-chairman. The board shall meet at least 4 times annually and may hold additional meetings as necessary to discharge its duties. Members shall serve without compensation but shall be entitled to reasonable travel expenses. The members of the board shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 102 - Board of Examiners of Sheet Metal Workers; Powers and Duties

Section 102. The board shall have the following powers and duties: (i) to administer and enforce sections 237 to 251, inclusive, of chapter 112; (ii) to adopt rules and regulations governing the licensure of master, journeyperson and apprentice sheet metal workers, and business entities and schools teaching sheet metal work; (iii) to establish standards of professional and ethical conduct; (iv) to establish standards for continuing education reflecting acceptable national standards; and (v) in conjunction with the division of occupational licensure, to investigate complaints, conduct inspections, request and review business records of licensees, and set and administer penalties as defined in sections 61 to 65E, inclusive, of said chapter 112 and sections 237 to 251, inclusive, of said chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 103 - Board of Registration of Genetic Counselors; Members; Removal and Resignation

Section 103. (a) There shall be a board of registration of genetic counselors, called the board in sections 103 to 105, inclusive, which shall consist of 5 members to be appointed by the governor, 4 of whom shall be genetic counselors licensed under this section, and 1 member of the general public. Members of the board shall be residents of the commonwealth.
(b) Each member of the board shall serve for a term of 3 years and until the governor appoints a successor. No member shall be appointed to more than 2 consecutive full terms. A member appointed for less than a full term may serve 2 full terms in addition to such part of a full term. A former member shall be eligible for appointment after a lapse of 1 year.
(c) A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against him and an opportunity to be heard. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill the vacancy for the remainder of that member's year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 104 - Board of Registration of Genetic Counselors; Election of Officers; Meetings; Reimbursement of Expenses

Section 104. The board shall, at its first meeting and annually thereafter, organize by electing from its membership a chairman, a vice-chairman and a secretary. Those officers shall serve until their successors are elected and qualified.
The board shall meet at least 2 times annually and may hold additional meetings at the call of the chairman or at such times as may be determined by the board. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 106 - Board of Certification of Community Health Workers; Membership; Term; Removal and Vacancies

Section 106. There shall be a board of certification of community health workers, called the board in sections 106 to 108, inclusive. The board shall consist of 11 members who shall be residents of the commonwealth, 1 of whom shall be the commissioner of public health or the designee thereof, who shall serve as chair of the board, and 10 of whom shall be appointed by the governor. Of the appointed members of the board, 6 shall be appointed to ensure representation of all 6 geographic regions of the executive office of health and human services and shall include not fewer than 4 community health workers selected from recommendations offered by the Massachusetts Association of Community Health Workers; 1 shall represent a community health worker training organization; 1 shall represent the Massachusetts Public Health Association; 1 shall represent the Massachusetts Association of Health Plans; 1 shall represent the Massachusetts League of Community Health Centers; 1 shall represent a community-based community health worker employer; and 1 shall represent the public, subject to section 9B of chapter 13, and shall be familiar with community health worker services. Board members initially appointed to the board as community health workers shall be persons who are eligible for board certification as community health workers and shall obtain such certification within a time frame specified in regulations adopted by the board.
The term of office of each appointed member of the board shall be 3 years, except that of the initially appointed members of the board of which 3 members shall be appointed for terms of 1 year, 3 members for terms of 2 years, and 3 members for terms of 3 years, at least 1 of which is a community health worker. No member shall be appointed to more than 2 consecutive full terms; provided, however, a member appointed for less than a full term may serve 2 full terms and a former member shall again be eligible for appointment after a lapse of 1 or more years. Upon the expiration of his term of office, a member of the board shall continue to serve until the appointment of a successor. Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill the vacancy for the remainder of that member's term.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 107 - Board of Certification of Community Health Workers; Meetings; Officers; Quorum; Records; Expenses; Staffing

Section 107. The board shall meet at least quarterly or more often upon the call of the chair at such times and places as the chair shall designate. The board shall, at its first meeting and annually thereafter, elect from among its members a vice-chair and a secretary. Such officers shall serve until their successors are elected and qualified. A quorum of the board shall consist of a majority of the members. The board shall keep records and minutes as are necessary to carry out its duties and as otherwise required by law. Board members shall serve without compensation, but shall be reimbursed for actual and reasonable expenses incurred in the performance of their official duties. The board shall be supported with a director, administrative assistant and such other professional staff and operating expenses as are required to discharge its duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 13 - Division and Boards of Registration › Section 109 - Board of Registration in Naturopathy; Membership; Term; Officers; Quorum; Compensation and Expenses

Section 109. (a) There shall be within the department of public health a board of registration in naturopathy which shall consist of 5 persons to be appointed by the governor, 2 of whom shall be naturopathic doctors with at least 5 years of experience in the practice of naturopathic health care and who shall be licensed under section 269 or 271 of chapter 112, 1 of whom shall be a physician licensed to practice medicine under section 2 of said chapter 112 with experience working with naturopathic doctors, 1 of whom shall be a clinical pharmacologist, and 1 of whom shall be a member of the public. The appointed members shall serve for terms of 3 years. Upon the expiration of a term of office, a member shall continue to serve until a successor has been appointed and qualified. A member shall not serve for more than 2 consecutive terms; provided, however, that a person who is chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive terms in addition to the remainder of that unexpired term. A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in the office after a written notice of the charges against the member and sufficient opportunity to be heard thereon.
(b) The board shall annually elect from its membership a chair and a secretary who shall serve until their successors have been elected and qualified. The board shall meet at least 4 times annually and may hold additional meetings at the call of the chair or upon the request of 4 members. A quorum for the conduct of official business shall be a majority of those appointed. Board members shall serve without compensation, but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The members shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 1a - Division of Child Support Enforcement

Section 1A. There shall be within the department of revenue a division of child support enforcement headed by a deputy commissioner, and such other administrative units as may be established in or assigned to said division from time to time by the commissioner. Said deputy commissioner shall be appointed by the commissioner with the approval of the secretary of administration and finance, and may be removed in like manner, shall be a person of ability and experience and shall devote his entire time to the duties of his office. Said position shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Said division shall be a separate administrative unit within the department, operating independent of and apart from the operational state and local tax or finance units therein. Said division shall be provided with such resources as may be necessary to implement the provisions of chapter one hundred and nineteen A. The commissioner of revenue shall have authority to delegate any child support enforcement powers or duties assigned to him under any provision of law to the IV–D agency.
The commissioner may appoint and remove such additional assistants, technical consultants, contractors and other persons, may engage such other technical, contractual and other assistants as the work of said division may, from time to time, require and may develop and maintain a data processing installation exclusively for the automated collection, disbursement and data systems of said division.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 2 - Commissioner; Appointment; Removal; Bond; Salary

Section 2. The commissioner of revenue, in this chapter called the commissioner, shall be appointed by the secretary of administration and finance, with the approval of the governor, and may be removed in like manner; the commissioner shall be a person of ability and experience, shall devote full time to his duties and shall not hold any other salaried public office, or engage in any business or profession for profit during his incumbency; his entire time to the duties of his office, and shall perform such functions as said secretary shall from time to time assign to him; provided, however, that the position of commissioner shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty.
The commissioner shall give to the state treasurer a bond for the faithful performance of his official duties in a penal sum and with sureties approved by the governor. The commissioner shall receive a salary of thirty-five thousand fifty-three dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 3 - Commissioner's Duties

Section 3. The commissioner shall be responsible for administering and enforcing all laws which the department is or shall be required to administer and enforce. He shall be the executive and administrative head of the department, and each division, bureau, section and district office thereof shall be under his direction, control and supervision.
The commissioner shall assign to all officials, agents, clerks and other employees of the department their respective duties, and may transfer them. He may from time to time authorize any official of the department to exercise in his name any power or to perform in his name any duty which is or shall be assigned to him by any provision of law, and may at any time revoke any such authority. He may from time to time designate such employees of the department as he deems expedient as deputy collectors. Such deputies shall give bond for the faithful performance of their duties in such sum and in such form and subject to such conditions as he may prescribe, shall have all the powers of collectors under chapter sixty, and shall serve without pay except for their regular compensation as employees of the department.
The commissioner shall establish offices of the department in jurisdictions outside the commonwealth for the purpose of administering and enforcing the tax laws of the commonwealth, including the conduct of audit and compliance activities. Notwithstanding the provisions of section four, positions assigned to offices of the department outside the commonwealth shall not be subject to the provisions of chapter thirty-one, sections nine A and forty-five of chapter thirty or chapter one hundred and fifty E. The salaries of such positions shall be determined by the commissioner subject to the approval of the secretary of administration and finance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 3a - Collection Services Agreements

Section 3A. For the purposes of collecting certain taxes, the commissioner is authorized to enter into agreements with one or more private persons, companies, associations or corporations doing business in the commonwealth to provide collection services within and outside the commonwealth with respect to unpaid taxes. No such agreement shall be entered into unless proposals for the same have been invited in accordance with regulations governing the procurement by state agencies of contracts of similar value. All such proposals shall be opened in public. The commissioner may reject any or all of such proposals. The commissioner shall not assign the account of any taxpayer to a private collection agency until such taxpayer has been sent a notice at least thirty days prior thereto, of the intention of the commissioner to so assign the collection of such unpaid taxes of such taxpayer. Any such agreement may provide, in the discretion of the commissioner, the manner in which the compensation for such services will be paid. Under standards established by the commissioner, such compensation shall be added to the amount of the tax and collected as a part thereof by the contractor; deducted and retained by the contractor from the amount of tax collected; or paid by the commonwealth from the amount of tax collected without further appropriation therefor.
The commissioner shall, as part of his annual report under section six list all private persons, companies, associations or corporations with whom the commissioner has agreements for collection services during the fiscal year and the amount of taxes collected by and the compensation paid to each such person, company, association or corporation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 4 - Supervisory Personnel; Creation of Departmental Positions

Section 4. Any person appointed to any supervisory position in the department, whether or not the same shall be classified under chapter thirty-one, shall be a person with experience and skill in the field of taxation or in the field of the duties of such position. So far as feasible each appointment to each such position not so classified shall be made by promoting an employee of the department serving in a position so classified; and in such event upon termination of his service in such supervisory position such employee shall, at his request, be restored to his former position without loss of seniority and with full civil service status and rights therein; except that if such termination shall have been caused by his delinquency, his right to be so restored shall be determined in accordance with section forty-three of chapter thirty-one.
No position shall be created in the department, except the positions of deputy commissioner, chief of bureau and director of accounts unless and until the same shall be classified under chapter thirty-one; provided, however, that the secretary from time to time may, upon recommendation of the commissioner of revenue and the personnel administrator, exempt from the requirements of this paragraph positions with significant supervisory duties; provided, further, however, that at no time shall there be more than twenty-five positions in the aggregate not so classified because of any such exemption or exemptions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 5 - Units of Departmental Divisions; Statement of Organization

Section 5. Within each of the divisions established in section one the commissioner shall, with the approval of the secretary, from time to time establish such branches, bureaus, sections, offices and other units as shall be necessary for efficient and economical administration of the work of the department, and, if necessary for such purpose, may with the approval of the secretary, from time to time consolidate or abolish the same. He shall prepare and keep current a general statement of such organization of the department, of the assignment of functions to its various administrative units, officials and employees, and of the established places at which and methods whereby the public may secure information or make requests. Such statement shall be known as the department's ''description of organization''. He shall file with the state secretary an attested copy of such description and of each amendment thereto, and the substance of it shall be included in each annual report he shall make to the governor and the general court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 7 - Tax Collection Activities; Employee Evaluations; Quotas

Section 7. The commissioner shall not rely solely upon records of tax enforcement results to evaluate employees, nor their direct superiors, involved in tax collection activities, and shall not use such records to enforce or suggest individual production quotas or goals with respect to any such employees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 8 - Training Programs

Section 8. To promote the fair and equitable enforcement of the tax laws of the commonwealth, the commissioner shall establish annual training programs for all employees of the department of revenue, including those in managerial or supervisory positions, who work directly in tax administration, in particular those in the audit, customer service and legal bureaus. Such training shall be designed to ensure that audits are conducted on a consistent basis and that information provided to taxpayers is accurate. Further, the commissioner shall establish periodic training programs to ensure that all employees who work directly in tax administration are informed of and understand the department of revenue's policy concerning recent developments in the tax law, including the department of revenue's interpretation of recent court decisions and regulatory changes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 12 - Submission of Annual or Supplementary County Budget and Quarterly Updates to Division of Local Services

Section 12. Notwithstanding any general or special law or county charter to the contrary, each county government shall submit to the division of local services the annual or supplementary budget of the county and quarterly updates on the county's budget.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 14 - Department of Revenue › Section 13 - Low-Income Taxpayer Clinics Providing Education and Assistance to Low-Income Taxpayers; Grants

Section 13. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
''Low-income taxpayer'', an individual with a household income which does not exceed 400 per cent of the federal poverty level, as calculated by the United States Department of Health and Human Services.
''Qualified low-income taxpayer clinic'', a clinical program at an accredited law school, business school, accounting school or an organization described in 26 U.S.C. 501(c) and exempt from taxation under 26 U.S.C. 501(a) that does not charge a fee for services, except for reimbursement of actual costs incurred, and in which at least 95 per cent of taxpayers represented by the clinical program are low-income taxpayers.
''Qualified representative'', an individual who is authorized to practice before the department or the applicable court.
(b) The commissioner may, subject to appropriation, award grants to develop, expand or support qualified low-income taxpayer clinics that provide education and assistance to low-income taxpayers seeking to file tax returns and to those engaged in disputes with the department. The commissioner, in determining whether to award a grant under this section, shall consider the number of taxpayers who will be served by the clinic, including the number of taxpayers in the geographical area who have limited English proficiency, the quality of the program offered by the qualified low-income taxpayer clinic, including the qualifications of its administrators and qualified representatives and its record in providing services to low-income taxpayers. The commissioner shall give preference in awarding grants to qualified low-income taxpayer clinics that assist taxpayers in applying for the earned income credit available under subsection (h) of section 6 of chapter 62. Upon application of a qualified low-income taxpayer clinic, the department may award multi-year grants not to exceed 3 years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 1 - Department; Supervision of Commissioner

Section 1. There shall be within the executive office of education a department of elementary and secondary education, in this chapter called the department, which shall be under the supervision and management of the commissioner of elementary and secondary education, in this chapter called the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 1f - Commissioner of Elementary and Secondary Education; Appointment; Duties; Salary

Section 1F. COMMISSIONER OF ELEMENTARY AND SECONDARY EDUCATION; APPOINTMENT; DUTIES; SALARY
Whenever a vacancy occurs in the position of commissioner, the board shall by a two-thirds vote of all its members submit to the secretary, for the secretary's approval, a recommended candidate to fill that vacancy. The secretary may appoint the recommended candidate as commissioner. If the secretary declines to appoint the candidate, the board shall submit a new candidate for consideration. The secretary may appoint the commissioner only from candidates submitted to the secretary by the board.
The board may in its discretion by majority vote of all its members remove the commissioner. The commissioner shall be the secretary to the board, its chief executive officer and the chief state school officer for elementary and secondary education. The commissioner shall receive a salary to be determined by the board.
The board may delegate its authority or any portion thereof to the commissioner whenever in its judgment such delegation may be necessary or desirable. The commissioner shall exercise such delegated powers and duties with the full authority of the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 1j - Judicial Review of Board's Recommendations or Revised Plans; Jurisdiction

Section 1J. Within thirty days after (1) a school committee or regional district school committee declines to accept the recommendations made to it by the board of education, in this section called the board, (2) the board disapproves a revised plan filed with it by a school committee or regional district school committee, or (3) the board orders that its recommendations shall be the mandatory plan to be implemented by a school committee or regional district school committee, such school committee or regional district school committee may file a petition for judicial review in the superior court for the county in which it is located or in the supreme judicial court for Suffolk county. The court may affirm such recommendations, disapproval, or order of the board and require compliance with such mandatory plan by appropriate order; or, if it finds and rules that such recommendations, disapproval, or order is (a) in excess of the statutory authority or jurisdiction of the board, (b) based upon an error of law, or (c) arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law, then it may set aside such recommendations, disapproval, or order and remand the matter to the board for further action.
The supreme judicial and the superior court shall have jurisdiction in equity upon petition of the board of education to order funds withheld as provided in section one I for such period of time as the court may determine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 1r - School Library and Nonprint Media Services; Funding

Section 1R. The board of education shall provide for the establishment of school library and nonprint media services, including:
(1) the acquisition or rental of library and nonprint media materials, resources, and appropriate equipment.
(2) supplementary library and nonprint media subprofessional personnel.
(3) consultative services.
Funds as may be appropriated shall be disbursed according to a formula established by the board which shall take into account the average expenditure over the immediately preceding five years by the local school committee for the library and nonprint media resources; the ratio of library and nonprint media center professional staff to pupil enrollment; the per pupil expenditures for said staff; and the current year school committee expenditure for library and nonprint media resources.
In certifying school library and nonprint media programs eligible for aid, the board shall establish minimum standards for personnel, accessibility of resources, appropriateness of library and nonprint media services and the local budget support.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 15b - Library Center for Visually-Handicapped Children

Section 15B. There shall be established in the division of special education a library center for the acquisition, maintenance and distribution of books and other material deemed essential to the proper instruction and training of visually-handicapped children.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 16 - Teachers' Retirement Board; Establishment; Duties; Membership

Section 16. There shall be a teachers' retirement board for the purpose of administering the teachers' retirement system established under the provisions of chapter 32. Such board shall consist of seven members as follows: the commissioner of education, or his designee, who shall be a member ex officio and who shall serve as chairman, the state treasurer, or his designee, the state auditor, or his designee, a fourth member who shall be appointed by the governor for a term of four years and who shall be a retired former public school teacher within the commonwealth, two members who shall be elected by the members in or retired from service of such system from among their number in such manner and for such term, not exceeding four years, as the commission shall determine, and a seventh member who shall be chosen by the other six for a term of four years. Future elections of the fifth and sixth members shall be held under the supervision of such retirement board and the terms of the fifth and sixth members shall be arranged so as not to expire in the year of expiration of the term of the seventh member. If a seventh member is not chosen by the other six members within 30 days after the expiration of the term of the seventh member, the governor shall appoint a seventh member for a term of four years. Each member of such retirement board shall continue to hold office until the expiration of his term and until the qualification of his successor. Upon the expiration of the term of office of any elected, chosen or appointed member or in case of a vacancy in either of said offices, a successor shall be elected, chosen or appointed as aforesaid for a four-year term or for the unexpired portion thereof, as the case may be, except that in no event shall the term of the seventh member expire in the same year as the term of either the fifth or sixth member.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 17 - Member's Reimbursement for Expenses

Section 17. The members of the teachers' retirement board shall serve without compensation, but they shall be reimbursed from the expense fund of the teachers' retirement system for any expense or loss of salary or wages which they may incur through service on the board. All claims for reimbursement on this account shall be subject to the approval of the governor and council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 18 - Executive Director; Salary; Additional Employees

Section 18. The teachers' retirement board shall appoint and may remove an executive director and shall establish his salary. Subject to the approval of said board, the executive director shall employ other employees, prescribe their duties and fix their compensation; provided, however, that the salaries of said employees shall not exceed the sum annually approved therefor by said board. The provisions of sections nine A, forty-five, forty-six and forty-six C of chapter thirty, chapter thirty-one, and chapter one hundred and fifty E shall not apply to any employee of the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 57 - Instructional Materials Grant Program

Section 57. The board shall establish an instructional materials grant program to provide financial assistance to school districts for the purchase of textbooks, workbooks, audio-visual materials, library books and materials, laboratory kits, and other instructional materials. Grants shall be awarded to those districts in need of assistance as determined by the board following inventories of such materials conducted by the board from time to time. In awarding grants under this section, the board shall give priority to school districts receiving equal educational opportunity grants pursuant to chapter seventy A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 58 - Leadership Academy; Training for School Principals and Supervisory Personnel

Section 58. The board shall establish a unit designated as the leadership academy which shall provide training to school principals and other supervisory personnel. Such training shall include, but not be limited to: training in personnel evaluation methods, techniques for developing cooperative relationships with parents and community organizations, school based management skills and curriculum development.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 60 - Reimbursement of Costs to Cities and Towns

Section 60. The commissioner of administration shall convene a working committee made up of his own designee, a designee of the commissioner of education and a designee of the local government advisory committee to establish guidelines for purposes of reimbursing cities and towns for the reasonable costs associated with the implementation of sections forty-nine and fifty of this chapter and section thirty-eight of chapter seventy-one. Such guidelines shall be filed by the working committee with the house and senate committees on ways and means and shall become effective only upon approval by said committees. Reimbursements of costs made pursuant to such guidelines shall constitute complete satisfaction of the obligation of the commonwealth to assume such costs pursuant to any general or special law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 15 - Department of Elementary and Secondary Education › Section 63 - Carnegie School Grant Program; Establishment

Section 63. There is hereby established a Carnegie school grant program for the purpose of encouraging the public schools of the commonwealth to plan and develop innovative organization and management systems at the school building level, aimed at empowering public school professionals and improving student learning. The Carnegie school grant program shall encourage and support the development of management systems that provide increased autonomy and discretion for school-based professionals and shall encourage innovative organizational strategies to enhance student learning.