reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 4.00 - Late Penalty Interest › Section 4.03 - Contractual Requirements

Current through Register 1525, July 5, 2024
(1) In addition to applicable statutory and/or regulatory requirements departments must include in all contracts, purchase orders, master-service agreements, price agreements and other forms of contracts, provisions which describe the invoicing and bill paying procedures which govern the contract including:
(a) the form of the required invoice, specifying the standard Commonwealth invoice (MMARS Form PV) or other MMARS form, time sheet, vendor-generated invoice, magnetic tape or other form of invoice;
(b) the information which must be included in the invoice (including department reference numbers, and charges);
(c) the documentation which must be included with the invoice to demonstrate to the department that the goods and/or services were delivered;
(d) the method of presentment, including when and where the invoice will be submitted, provided invoices shall be submitted after the goods and/or service have been delivered and accepted and the final invoice must be received by the department within 30 days of delivery and acceptance of the goods and/or services or July 31st whichever is sooner;
(e) the required payment date, which shall be the date required by statute, the standard payment date used by the industry, the date negotiated by the vendor and the department, or 45 days, whichever is longer, and;
(f) the application procedures to request payment for late penalty interest as delineated in 815 CMR 4.05
INFRA
.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 4.00 - Late Penalty Interest › Section 4.04 - Late Penalty Encumbrance

Current through Register 1525, July 5, 2024
(1) Departments shall establish a miscellaneous encumbrance under Object Code 698 of the Commonwealth's Expenditure Classification Code in accordance with the MMARS Policy and Procedures Manual, as amended, to cover the amounts which the department estimates it will expend in late penalty interest.
(2) For Fiscal Year 1988, (July 1, 1987 - June 30, 1988), departments may pay the late penalty interest from object Code 698 without an encumbrance.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 4.00 - Late Penalty Interest › Section 4.05 - Bill Paying Procedures

Current through Register 1525, July 5, 2024
(1) Departments shall date-stamp all invoices received. The date centered on the invoice shall be the date the invoice was received by the department except that invoices delivered on Saturdays, Sundays, holidays or "skeleton days" as defined by Administrative Bulletin 85-3, shall be stamped with the date of the next business day.
(2) All departments, except the Department of Public Welfare, the Commission of the Blind, and other departments procuring the service of qualified Medicaid providers as determined by the Office of the Comptroller, shall within 15 calendar days from the date of receipt of the invoice confirm the following:
(a) that the invoice was submitted according to the contractual terms after the delivery of the goods and/or services;
(b) the goods and/or services were delivered in accordance with the contract and the required documentation, if any, was submitted with the invoice, and;
(c) the charges are accurate
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 4.00 - Late Penalty Interest › Section 4.07 - Desk Review

Current through Register 1525, July 5, 2024
(1) Desk Review is conducted by the Office of the General Counsel to the Comptroller and is available in the following instances:
(a) by the vendor
1. when a department fails after 60 days to respond to vendor's request pursuant to 8. 15 CMR 4.05(9)
2. when a department fails to review a vendor's demand for late penalty interest pursuant to 8. 15 CMR 4.06(5)
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
(1) The purpose of 815 CMR 5.00 is to clarify the procedures by which agencies may preserve the availability of funds and may obtain access to funds for the payment of judgments and settlements. Such clarification will:
(a) Aid agencies in making the payment of judgments and settlements a part of their current year operation or capital project budgeting; and
(b) Insure faster payment of judgments and settlements, which will lessen the waiting time for successful claimants and litigants against the Commonwealth and its agencies and minimize the amount of any applicable interest.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.02 - Definitions And Applicability

Current through Register 1525, July 5, 2024
815 CMR 5.00 is applicable to
				the payment of settlements and judgments for claims against the Commonwealth
				and its agencies. For the purposes of
				815 CMR
				5.00, these terms are defined as follows:
Agency
- Any agency, department,
				office, commission, committee, council, board, division, bureau, institution
				(including institutions of higher education), office or section within any
				executive or legislative department of the Commonwealth. Authorities
				established by statute such as the Massachusetts Bay Transportation Authority,
				the Massachusetts Turnpike Authority, the Massachusetts Water Resources
				Authority, the Massachusetts Port Authority and local housing authorities are
				not included within the definition of agency.
Claim
- Any demand by any person for
				damages to compensate an injury or wrong allegedly suffered, including but not
				limited to personal injury, violation of civil rights, breach of contract,
				failure to comply with contract bidding laws, incorrect or improper personnel
				determinations regarding pay, promotion or discipline, failure to comply with
				statutory or constitutional provisions applicable to employment, and eminent
				domain taking damages, including any attorney's fees and interest associated
				with these claims.
Judgment
- Any final, unappealable
				order of any court or any administrative body authorized by statute to review
				or adjudicate claims against the Commonwealth and its agencies.
Legally Available Funds
(a) Legally available funds include monies appropriated either
				specifically for the payment of settlements and judgments or authorized for the
				payment of certain contractual expenditures;
(b) Legally available funds
do not include
any
				funds not specifically authorized by
				815 CMR
				5.00 for use in the payment of judgments and
				settlements, including any legislatively authorized "special funds" and trust
				funds as defined in M.G.L. c. 29, § 1. Such special funds and trust funds
				must be used solely to further their statutorily authorized goals. Agencies
				shall not interpret those goals to include the payment of judgments and
				settlements arising from claims related to those goals, unless such payments
				are specifically authorized for the funds.
Settlement
- Any agreement to pay a
				claim covered by
				815 CMR
				5.00 entered into by an official duly authorized to
				bind the Commonwealth or an agency in payment of a claim, whether the agreement
				settles the claim prior to or after the institution of litigation.
Tort Claims Administrator
- The person
				designated by the Secretary of Administration and Finance to administer the
				duties and responsibilities outlined in
				815 CMR
				5.00.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.03 - Procedures For Tort Claims Governed By M.G.L. c. 258

Current through Register 1525, July 5, 2024
Settlement during statutory presentment
				period
. A claim under M.G.L. c. 258 must be assessed and acted
				upon within six months of receipt by the Executive Office of a Secretariat (or
				by the Office of the Attorney General when initial presentment is made there).
				The following procedures and Time lines shall be followed:
Day 1: Presentment Notice received by the appropriate Executive
				Office [or the Office of the Attorney General (AGO)]
Day 3: AGO forwards a copy of the notice to the appropriate
				Executive Office; the Executive Office forwards a copy of any notice it
				receives from a claimant to the AGO.
Day 90: Executive Office receives agency's investigation report
				and disposition recommendation.
Day 120: Executive Office has acted on recommendation in one of
				the following ways: commenced negotiations with claimant (or legal
				representative thereof) on settlements of $2500 and under: sent investigation
				report and settlement recommendation over $2500 to AGO or; sent denial to
				claimant.
Day 135: AGO approves terms of settlement on recommendations
				over $2500. Executive Office commences settlement negotiations with
				claimant.
Day 160: Executive Office sends negotiated settlement documents
				to Comptroller (attention: DAB) together with assents of AGO and Executive
				Office for Administration and Finance (if required) and a release executed by
				claimant.
The documents forwarded to the Comptroller should include the
				following:
a copy of the presentment letter;
a settlement memorandum describing the terms of the
				settlement;
a release executed by claimant and;
the consent of the Attorney General (for settlement over $2500)
				and the Secretary
Day 180: Presentment procedures have been completed. Executive
				Office has sent copies of investigation report, settlement documents and
				denials to AGO.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.04 - Settlement or Judgment After the Initiation of Litigation Pursuant to M.G.L. c. 258

Current through Register 1525, July 5, 2024
Payment of settlements and judgments after the initiation of litigation pursuant to M.G.L. c. 258 ordinarily shall be in accordance with the procedures set forth in 815 CMR 5.09 and shall be made only from funds obtained, as described below, through funds specifically appropriated to pay such judgments or settlements. But in exceptional circumstances such settlements and judgments may be paid from the Tort Claim Fund if approved by the Secretary of the Executive Office for Administration and Finance.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.05 - Exclusion of Payment of Presentment Period Settlements from Tort Claim Fund

Current through Register 1525, July 5, 2024
No settlement of a tort claim based on any claim described in M.G.L. c. 258, § 10, or on any civil rights claim in the nature of a tort, may be paid from the Tort Claim Fund, during the six month presentment period or otherwise.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.06 - Procedures For Personnel Claims For Monetary Awards

Current through Register 1525, July 5, 2024
(1)815 CMR 5.06 applies to:
(a) Claims for monetary awards by current or former employees regarding any aspect of their employment by the Commonwealth, including, but not limited to: claims related to all non-classification job actions (including discipline and termination, pay and promotion, transfers, leave and overtime disputes), position classifications, and conditions of employment or employment discrimination; and
(b) Settlements or orders (administrative or judicial) arising from proceedings involving employees of the Commonwealth before the Massachusetts Civil Service Commission (pursuant to M.G.L. c. 31), the Massachusetts Commission Against Discrimination (pursuant to M.G.L. c. 151B), the Massachusetts Labor
Relations Commission (pursuant to M.G.L. c. 150 E), the Massachusetts Department of Personnel Administration (pursuant to M.G.L. c. 30 §§ 45-50) and the grievance and arbitration procedures set forth in any collective bargaining agreement entered into by the Commonwealth or its agencies, as authorized by M.G.L. c. 150E, § 8.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.07 - Procedures For Contract Claims

Current through Register 1525, July 5, 2024
(1) This section applies to:
(a) Post-litigation settlements or judgments in contract claims arising from capital projects including:
1. all claims arising from contracts related to capital construction projects funded through bond funds pursuant to M.G.L. c. 29, § 14, including contracts for all phases of project study, design and construction;
2. all claims arising from contracts related to "pool account" capital projects, i.e., bonded projects which include various activities of a certain type, such as asbestos or toxic waste removal; and
3. all claims arising from eminent domain takings in connection with capital projects.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.09 - General Procedure For Payment Of Settlements And Judgment After Initiation Of Litigation

Current through Register 1525, July 5, 2024
(1)
Responsibility of assigned attorney or staff person
: Preparation of Reports. When litigation involving a monetary claim against the Commonwealth covered by these regulation terminates in a final Settlement or judgment with regard to such a claim, the agency attorney or staff person assigned to handle or monitor the claim shall do the following:
(a) Prepare a report indicating:
1. the principal amount of the settlement or judgment;
2. the amount of any attorney's fee award;
3. the amount of any interest award or accrued, and whether the interest continues to accrue post-judgment;
4. a request for payment of the amount;
5. a description of the basis for the request, (e.g., Court order or settlement agreement); and
6. whether the assigned attorney desires to award the payment check to the claimant;
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.10 - Responsibilities of the Comptroller

Current through Register 1525, July 5, 2024
(1) Upon receipt of a report described in 815 CMR 5.09(1)(a)  from an assigned attorney, the Comptroller will review the report, certify the amount due and payable, review agency accounts related to the claim to determine whether funds are available to pay the claim, and consult with the agency regarding available funds.
(a) If funds are available to satisfy the claim in an applicable agency account, in whole or in part, the Comptroller will authorize the agency to initiate the warrant procedure for issuance of a check from the agency account.
(b) If no funds are available to satisfy the claim in whole or in part, the Comptroller will refer the certified amount to the agency with instructions for the agency to initiate a deficiency budget request.
(c) The Comptroller will notify the assigned attorney after the check is issued in payment of the claim that the litigation file may be closed.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 5.00 - Settlements And Judgments › Section 5.11 - Issuance of Checks

Current through Register 1525, July 5, 2024
Checks issued pursuant to 815 CMR 5.09 shall be made to the order of the claimant or, if the claimant is represented by counsel, to the order of the claimant and counsel. Checks shall be mailed to the claimant or, if the claimant is represented by counsel, to the counsel, or, if requested by the assigned attorney, to the assigned attorney.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 6.00 - Interdepartmental Fiscal Business › Section 6.01 - Purpose, Application and Authority

Current through Register 1525, July 5, 2024
(1)
Purpose.
(a)
Purpose of 815 CMR 6.00
. The purpose of 815 CMR 6.00 is to provide all State Departments with rules and procedures for conducting Interdepartmental Fiscal Business, including Interdepartmental Service Agreements (ISAs) and Interdepartmental Chargebacks which require a transfer of funds between two Departments.
(b)
Use of Interdepartmental Fiscal Business
. ISAs and chargebacks may only be used to compensate a Seller Department for providing requested commodities and services, not to supplement a Seller Department's current available funding to pursue its own mission (such as offsetting all or a portion of administrative costs, equipment or for personnel not designated for ISA or chargeback performance). In no event should ISA or chargeback rates exceed the actual costs to the Seller Department for providing the ISA or chargeback commodities and services, unless otherwise specified by law.
(c)
Role of the Office of the Comptroller
. All interdepartmental fiscal transactions are required to be made through the state accounting system as prescribed by the Comptroller. The Office of the Comptroller will interpret 815 CMR 6.00 and take any actions necessary to carry out the purposes of 815 CMR 6.00, including issuing additional policies, procedures and forms to be used by Departments. The Office of the Comptroller's oversight of Interdepartmental Fiscal Business is limited to review and processing of the fiscal transactions necessary to support an ISA or chargeback, and will not include a review of the underlying business decisions which lead to the submission of an ISA or chargeback. Department's will be responsible for conducting Interdepartmental Fiscal Business using best value and other good business practices similar to any other contract or Department expenditure, and will be required to certify that the Interdepartmental Fiscal Business complies with all applicable state or federal, general or special laws or regulations.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 6.00 - Interdepartmental Fiscal Business › Section 6.03 - Interdepartmental Service Agreements (ISAs)

Current through Register 1525, July 5, 2024
(1)
Interdepartmental Service Agreement (ISA) Management
. The Chief Fiscal Officer (CFO) for the Buyer and Seller Departments will be responsible for management of ISAs within their Department in accordance with 815 CMR 6.00 and policies and procedures published by the Office of the Comptroller. Management of ISAs shall include, but is not limited to, the evaluation of the ISA option based upon best value, ensuring timely ISA execution, processing of MMARS transactions prior to the start of ISA performance, meeting reporting requirements, timely payment of invoices in accordance with the Commonwealth's bill paying policy, monitoring ISA performance, and acting as the liaison for the Quality Assurance Program. Buyer and Seller Department ISA Managers designated for each ISA will be responsible for the administration of the ISA and will be the points of contact for ISA correspondence.
(2)
Interdepartmental Service Agreement (ISA) Effective Date
. The effective date of an ISA shall be the latest of the following three dates:
(a) The date the Interdepartmental Service Agreement Form has been executed by an authorized signatory of the Buyer Department.
(b) The date the Interdepartmental Service Agreement Form has been executed by an authorized signatory of the Seller Department.
(c) A later effective date specified in the Interdepartmental Service Agreement Form.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 6.00 - Interdepartmental Fiscal Business › Section 6.04 - Interdepartmental Chargebacks

Current through Register 1525, July 5, 2024
(1)
Types of Chargeback Department Authorization
. There are three types of Chargeback Department Authorization:
(a)
Ad Hoc
Chargeback Department
. A State Department with explicit statutory authority to provide a specific service(s) or good(s) at a Buyer Department's request, and to be paid by the Buyer Department for the actual cost of the specific service(s) or good(s) provided.
(b)
Public Fee Chargeback Department
. A Department with explicit statutory authority to charge the general public and other Departments for authorized services, goods, fees or licenses, and for which such charges Departments are not specifically exempted by law. Public Fee Chargeback Departments may charge Buyer Departments for the amounts authorized by law, except for fees for licenses or other charges which total less than $25.00 per department per fiscal year and fees for public records requests under $25.00, except where the Public Fee Chargeback department can demonstrate substantial hardship.
(c)
Statewide Chargeback Department
. A Department mandated by explicit statutory authority to charge Departments for services rendered by the Statewide Chargeback Department, or for payments made by the Chargeback Department on behalf of State Departments. For certain mandated Statewide Chargebacks that the Office of the Comptroller, or other authorized Department, are required to make on behalf of all State Departments (for example, unemployment insurance, unemployment health insurance, and medicare tax) the Office of the Comptroller will enable automated processing of Interdepartmental Encumbrances (IE) and Interdepartmental Vouchers (IV), or other appropriate transactions , on behalf of all Departments in lieu of the procedures outlined in 815 CMR 6.04(4) and (5).
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 6.00 - Interdepartmental Fiscal Business › Section 6.05 - Interdepartmental Fiscal Transactions

Current through Register 1525, July 5, 2024
There are multiple fiscal transactions in the state accounting system that support interdepartmental business. The appropriate transactions and use of these transactions for interdepartmental business will be prescribed policies and procedures issued by the Office of the Comptroller. The Office of the Comptroller reserves the right to make any adjustments to the state accounting system to correct errors made during the processing of an interdepartmental fiscal transaction.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 6.00 - Interdepartmental Fiscal Business › Section 6.06 - Disputes

Current through Register 1525, July 5, 2024
Departments must make a good faith effort to resolve any dispute arising under 815 CMR 6.00 within 30 calendar days using all appropriate internal procedures including seeking assistance from their respective secretariats, but in no event shall this resolution period extend beyond May 30th in any fiscal year. In the event the Departments are unable to resolve a dispute within the stated period, either Department may request assistance from the Office of the Comptroller to resolve the dispute or to provide a determination as to the application or interpretation of 815 CMR 6.00.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 6.00 - Interdepartmental Fiscal Business › Section 6.07 - Severability

Current through Register 1525, July 5, 2024
If any provision of 815 CMR 6.00 is declared or found to be illegal, unenforceable or void, then Departments shall be relieved of all obligations under that provision only, and all other provisions shall remain in full force and effect.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 8.00 - Contingent Contracts For Non-tax Revenue Maximization › Section 8.01 - Application, Purpose, Scope and Authority

Current through Register 1525, July 5, 2024
(1) The purpose of 815 CMR 8.00 is to assure that the departments of the Commonwealth have access to professional and expert services to promote the efficiency and effectiveness of programs and to determine the necessity, appropriateness and reasonableness of present and future expenditures for operations which qualify for federal financial participation and other reimbursements.
(2) A method to obtain additional professional and expert services is to engage outside assistance, and to pay for such assistance from the proceeds of the additional revenue attributable thereto. Since the ability to pay the contractor is directly related to the accomplishment of increased revenue, the financial exchange is contingent upon the success of the underlying revenue maximization effort.
(3) All departments in all branches of state government using the Massachusetts Management Accounting and Reporting System (MMARS) may participate in contingency contracts to improve the efficiency and effectiveness of revenue performance. Entities that are component units of the Commonwealth but do not use MMARS may not participate in contingency contracts authorized under 815 CMR 8.00.
(4)
								815 CMR 8.00 is adopted under authority of M.G.L. c. 29, § 29E.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 8.00 - Contingent Contracts For Non-tax Revenue Maximization › Section 8.03 - Procurement

Current through Register 1525, July 5, 2024
(1) All contingency contracts executed pursuant to 815 CMR 8.00 shall be awarded based on an RFP that evidences competitive procurement, unless there is a specific written exception made by the Comptroller.
(2) The Comptroller may determine that it is in the best interests of the Commonwealth to make an exception to the normal RFP and competitive procurement process. In rendering this judgment, the Comptroller will rely on criteria such as:
(a) the unique qualification of the proposed vendor for the contingency contract,
(b) an extension or addition to work underway so that a substantial economy is accomplished.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 8.00 - Contingent Contracts For Non-tax Revenue Maximization › Section 8.05 - Contract and Project Management and Supervision

Current through Register 1525, July 5, 2024
(1) The Office of the Comptroller may provide detail contract and project management and supervision to projects performed pursuant to contingency contracts.
(2) The Comptroller may also delegate in writing the authority and responsibility for contract and project management and supervision to any other signatory to a contingency contract. This delegation may not be made to an entity that is not a state department and not a signatory to the contingency contract. Criteria to be used by the Comptroller to delegate contract management and supervision include but are not limited to:
(a) efficiency of operations,
(b) complexity of program and policy implications and
(c) encouragement of interdepartmental cooperation.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 8.00 - Contingent Contracts For Non-tax Revenue Maximization › Section 8.06 - Accounting Procedures

Current through Register 1525, July 5, 2024
(1) The Office of the Comptroller will establish all funds, subfunds, revenue accounts, and expenditure accounts, including retained revenue accounts, to implement each contingency contract executed pursuant to 815 CMR 8.00. The Office of the Comptroller may establish new accounts or other accounting mechanisms as necessary in order to assure proper distinction between revenue and expense operations associated with contingency contracts and revenue and expense operations not associated with contingency contracts.
(2) Approval of the Office of the Comptroller will be required for all specific transactions by which revenues over the measurement basis associated with contingency contracts are accounted to specified accounts. This approval may be done on an item by item basis, summarized basis, or by other method as determined by the Comptroller.
(3) Approval of the Office of the Comptroller will be required for all specific disbursement transacting to any party from any account which includes deposits pursuant to the prior section. This approval may be done on an item by item basis, summarized basis, or by other method as determined by the Comptroller.
(4) At the conclusion of each fiscal year, the Comptroller shall report to the Legislature, the Fiscal Affairs Division, and each department which is a party to a contingency contract, the status of revenues and expenses associated with contingency contracts. Such reports will also include any additional comments or suggestions that the Comptroller finds relevant to the contingency contracts. Such additional comments will include but not be limited to:
(a) vendors with whom the Commonwealth has engaged in contingency contracts operative during that fiscal year,
(b) summarized amounts of revenues received and expenses paid as a result of such contingency contracts in that fiscal year and
(c) recommendations for the disposition of residual balances, if any, of revenues in excess of expenses associated with contingency contract.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 8.00 - Contingent Contracts For Non-tax Revenue Maximization › Section 8.07 - Appeals Process

Current through Register 1525, July 5, 2024
(1) Appeals may be made by a Contractor to the Office of the General Counsel relative to a Department's application of the measurement basis.
(2) The Contractor shall forward a letter outlining the basis for the appeal and all relevant supporting documentation.
(3) The Office of the General Counsel, following review of the file submitted by the Contractor and the Department's response, shall within 15 days notify the Contractor and the Department of the decision on the appeal.
(4) Any party aggrieved by that decision may, within ten days appeal it to the Comptroller who shall within ten days, render the final agency decision which shall not be subject to administrative appeal.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 9.00 - Debt Collection And Intercept › Section 9.01 - Purpose, Application and Authority

Current through Register 1525, July 5, 2024
(1)
Purpose
. 815 CMR 9.00 governs the Collection of overdue Accounts Receivable and Debts owed to Billing Entities as provided by law. 815 CMR 9.00 provides Billing Entities with access to services that promote the efficiency and effectiveness of collecting Debts owed to Billing Entities, thereby enhancing the Collection of Revenues. 815 CMR 9.00 authorizes the Office of the Comptroller to procure and manage contingent fee contracts for Debt Collection services and enables the Office of the Comptroller to Intercept payments due to Debtors to offset their outstanding Debts.
(2)
Application
. 815 CMR 9.00 applies to all State Department Billing Entities seeking to collect Debts, including State agencies, subdivisions, offices, boards, commissions, committees, councils, boards, institutions of higher education, the judicial and legislative branches and constitutional offices. 815 CMR 9.00 also applies to any other State public entities seeking to use the Debt Collection and Intercept services under 815 CMR 9.00 and that are authorized by law to submit Debt to the Office of the Comptroller for Intercept, including a municipality, city, town, agency of a city or town of the State, a housing authority of the State, or a State authority as defined by M.G.L. c. 29.
815 CMR 9.00 also applies to any non-State Billing Entity, including federal public Billing Entities or another non-Massachusetts state public Billing Entity, seeking to use the Intercept process under 815 CMR 9.00 and that are authorized by law to submit Debt to the Office of the Comptroller for Intercept.
The Office of the Comptroller will interpret 815 CMR 9.00 and take any actions necessary to carry out the purposes of 815 CMR 9.00 including waivers or amendments to 815 CMR 9.00, issuing additional policies, procedures and forms to be used by Billing Entities, and utilizing state-of-the-art skiptracing and identity validation software and services. Absent separate statutory authority, no State Department Billing Entity may Intercept payments owed Debtors, or enter into a contract for Debt Collection Services except as provided in 815 CMR 9.00. Any State Department Billing Entity authorized to Intercept or use Debt Collection services under separate statutory authority may use the Intercept and Debt Collection Agency Statewide Contract provided under 815 CMR 9.00. State Department Billing Entities shall pursue intercept and Debt Collection services under 815 CMR 9.00 for the discharge of Debts and Accounts Receivable as prescribed by the Comptroller. Non-state Department Billing Entities shall comply with the requirements of 815 CMR 9.00 as identified for use of the Intercept process.
(3)
Authority
. 815 CMR 9.00 is promulgated under the authority of M.G.L. c. 29, § 29D, M.G.L. c. 7A, §§ 3, 8, 15, 18, and 19 and M.G.L. c. 62D, and as authorized under any other federal law or law of another state governing Debt Collection and Intercept.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 9.00 - Debt Collection And Intercept › Section 9.04 - Simultaneous Submission of Debt for Intercept and Debt Collection

Current through Register 1525, July 5, 2024
State Department Billing Entities processing Debts through the MMARS State Accounting System will automatically assign Debts systemically to Intercept when the Debt is 120 days past due, unless the Debt has been flagged as exempt from Intercept. Unless otherwise specified by the State Department Billing Entity submitting the Debt, all Debts may be simultaneously submitted to Intercept and to a Statewide Debt Collection Agency. Statewide Debt Collection Agencies have the right to refuse and return Debts to the submitting Billing Entity until Intercept efforts are completed. Statewide Debt Collection Agencies that accept a Debt that has been submitted simultaneously for Intercept and Debt Collection assume the risk that the Debt will be successfully Intercepted in whole or in part prior to the Collection Agency's Collection of the Debt, and the Agency shall not be entitled to any compensation for Debt Collection work performed.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 9.00 - Debt Collection And Intercept › Section 9.06 - Payment Plans

Current through Register 1525, July 5, 2024
(1) A Billing Entity shall have the option, at any time during the Debt Collection process, PRIOR to submission of the Debt to Intercept, to offer a Debtor a Payment Plan to discharge the full amount of a Debt through installment payments.
(2) Payment Plans for State Department Billing Entities and Payment Plans negotiated by a Statewide Contract Debt Collection Agency on behalf of any Billing Entity must adhere to the following requirements:
(a) Payment Plans must be negotiated for the full amount of the Debt and may not be negotiated for less than the full Debt amount unless the Settlement process is followed pursuant to 815 CMR 9.05(6).
(b) Payment Plans should attempt to collect an initial down payment of at least 25% of the total Debt, depending upon the Debt type and financial circumstances of the Debtor, as negotiated between the Billing Entity and the Statewide Debt Collection Agency.
(c) Payment Plans should have a maximum duration not to exceed six months, unless the Eligible Entity approves a longer period not to exceed in any case 12 months.
(d) Payment Plans negotiated in the final year of the Statewide Contract for Debt Collection may not be negotiated to extend beyond six months after the termination date of the Contract unless confirmed with the Office of the Comptroller.
(e) Contingent fees payable to the Debt Collection Agency will be due at the time each Payment Plan installment is remitted to the Billing Entity.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 9.00 - Debt Collection And Intercept › Section 9.07 - Intercept of Debt by Office of the Comptroller

Current through Register 1525, July 5, 2024
(1)
Submission of Billing Entity Debt to Intercept
.
(a) State Department Billing Entities processing Debts through the MMARS State Accounting System billing and Accounts Receivable System will automatically assign Debts systemically to Intercept when the Debt is 120 days past due, unless the Debt has been flagged as exempt from Intercept.
(b) State Department Billing Entities that have received prior Office of the Comptroller approval to use an alternate billing and Accounts Receivable System or application must take the appropriate steps to assign Debt through the Intercept system either through an interface with the MMARS State Accounting System or through any other interface prescribed by the Office of the Comptroller. If an alternative billing and Accounts Receivables Systems or application is used, the State Department Billing Entity must certify to the Comptroller annually as part of the internal control review process, in addition to any other required certification, that the delegated system supports appropriate security of personally identifiable information in accordance with M.G.L. c. 93H and c. 93I, Executive Order 504: Order Regarding the Security and Confidentiality of Personal Information if applicable to that State Department Billing Entity, any other applicable security or privacy requirements, and compliance with state finance law as prescribed by the Comptroller.
(c) Other non-State Department Billing Entities may submit Debt to Intercept through any interface prescribed by the Office of the Comptroller.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 9.00 - Debt Collection And Intercept › Section 9.08 - Settlement and Write-off

Current through Register 1525, July 5, 2024
(1)
Settlement with Partial Discharge and Write-off
. State Department Billing Entities are responsible for diligent efforts to collect the full amount of a Debt, and must certify that any Settlement and partial discharge which will result in a partial Write-off is in the best interests of the State when submitting a Write-off request to the Office of the Comptroller. State Department Billing Entities may not submit a Debt for partial Write-Off to the Office of the Comptroller until the Debt has been submitted to both Intercept and to a Statewide Debt Collection Agency, unless there is supporting documentation that the Debt is uncollectible, the Debtor is deceased and the Debt can not be pursued, or it is recommended for Write-off by a Statewide Debt Collection Agency. Non-State Department Billing Entities shall follow their own internal requirements for allowing Settlements with partial discharge of a Debt.
(2)
Write-off
. State Department Billing Entities are responsible for diligent efforts to collect the full amount of a Debt, and must certify that any Write-off is in the best interests of the State when submitting a Write-off request to the Office of the Comptroller. State Department Billing Entities may not submit an Uncollectible Debt for Write-off to the Office of the Comptroller until the Debt has been submitted to both Intercept and to a Statewide Debt Collection Agency, unless there is supporting documentation that the Debt is Uncollectible, the Debtor is deceased and the Debt can not be pursued, or it is recommended for Write-off by a Statewide Debt Collection Agency. Non-State Department Billing Entities shall follow their own internal requirements for allowing Write-off and full discharge of a Debt. The Office of the Comptroller may delegate Write-off authority to State Department Billing Entities which have demonstrated sound business practice in their management of receivables, Debt Collection, and requests for Write-offs as measured by adherence to Office of the Comptroller policy and procedures. This authority may not be delegated to a Statewide Debt Collection Agency.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 9.00 - Debt Collection And Intercept › Section 9.09 - Accounting Procedures and Statewide Debt Collection Agency Payments

Current through Register 1525, July 5, 2024
(1) Office of the Comptroller Management of State Debt Collection Services. Pursuant to 815 CMR 9.00, the Office of the Comptroller is responsible for the oversight of non-tax Debt Collection activities for State Department Billing Entities. The Comptroller shall take such actions as are necessary for the management of Accounts Receivable and Debt Collection activities by State Department Billing Entities, and may direct any State Department Billing Entity to take any action necessary to ensure compliance with the terms of 815 CMR 9.00, state finance law or any other state, local or federal law requiring Debt Collection compliance.
(2) All Revenue collected for Debts under 815 CMR 9.00 during the initial billing, dunning, Intercept or Debt Collection process by State Department Billing Entities, and Intercepts interfaced to the MMARS State Accounting System, shall be recorded and processed through the MMARS State Accounting System as prescribed by the Office of the Comptroller. The Office of the Comptroller will take all necessary steps to establish funds, subfunds, Revenue accounts, expenditure accounts, retained Revenue accounts and any other action necessary to support the Collection of Debts and the Intercept of Debts for participating Billing Entities. The Comptroller may direct any Billing Entity submitting Intercepts through interface to the MMARS State Accounting System to take any action necessary to ensure compliance with the terms of 815 CMR 9.00 related to Intercept or any other state, local or federal law requiring Debt Collection compliance.
(3) The Office of the Comptroller shall approve the payment mechanisms for the Contingent Percentage fees paid to Statewide Debt Collection Agencies under the Statewide Contract for Debt Collection Services. The Comptroller may take any actions necessary and prescribe any procedures or requirements, as appropriate for each type of Billing Entity, for the timely and accurate payment, reconciliation, tax reporting, financial reporting or accounting of Contingent Fee Payments under the Statewide Debt Collection Contract and for the management of Accounts Receivable and Debt Collection activities under the Statewide Contract.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 9.00 - Debt Collection And Intercept › Section 9.10 - Disputes

Current through Register 1525, July 5, 2024
A State Department Billing Entity and a Statewide Debt Collection Agency must make reasonable efforts to resolve a dispute within 30 days using all appropriate mechanisms, but in no event shall this resolution period extend beyond the 30th day of May in any fiscal year. If a State Department Billing Entity and a Statewide Debt Collection Agency are unable to resolve a dispute after reasonable efforts, or a significant compliance issue, data breach or other contract issue arises, either party may seek assistance from the Office of the Comptroller to resolve the dispute. Disputes between non-State Department Billing Entities, such as cities, towns, authorities, Federal and other States shall be the responsibility of the Billing Entity and the Office of the Comptroller shall have no responsibility to resolve the dispute other than enforcement of the Statewide Contract terms as negotiated under the Statewide Contract.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 9.00 - Debt Collection And Intercept › Section 9.11 - Severability

Current through Register 1525, July 5, 2024
If any provision of 815 CMR 9.00 is found to be illegal, unenforceable or void, then Billing Entities and affected parties shall be relieved of all obligations under that provision only, and all other provisions shall remain in full force and effect.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 10.00 - Records Management Of Bills, Vouchers And Contracts › Section 10.01 - Purpose, Application and Authority

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 815 CMR 10.00 is to provide all State Departments with rules and procedures for filing the Record Copy of Bills, Vouchers and Contracts. The Comptroller shall issue policy memoranda identifying the acceptable medium for maintaining Record Copies (
e.g
., paper, electronic, microfiche, microfilm, tape, CD-ROM
etc
.)
(2)
Application
. 815 CMR 10.00 applies to all State Departments including agencies, subdivisions, offices, boards, commissions or institutions within the Executive, Judicial and Legislative Branches. The Office of the Comptroller will interpret 815 CMR 10.00 and take any actions necessary to carry out the purposes of 815 CMR 10.00, including issuing additional policies, procedures and forms to be used by Departments.
(3)
Authority
. 815 CMR 10.00 is adopted under the authority of M.G.L. c. 7A, §§ 5, 7, 8, and 15.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 10.00 - Records Management Of Bills, Vouchers And Contracts › Section 10.03 - Records Management of Bills, Vouchers and Contracts

Current through Register 1525, July 5, 2024
(1)
Department Maintenance of Record Copies
. Departments shall maintain the Record Copy of the following documents in accordance with 815 CMR 10.00 and any policies and procedures issued by the Office of the Comptroller:
(a) all Bills and Vouchers on which money has been paid or will be paid from the Treasury upon the certificate of the Comptroller or warrant of the Governor; and
(b) all Contracts under which money may be payable from the Treasury.
Code of Massachusetts Regulations › 830 CMR - DEPARTMENT OF REVENUE › Title 830 CMR 14.00 - Department Of Revenue Personnel › Section 14.3.1 - Volunteer Personnel

Current through Register 1525, July 5, 2024
The Department of Revenue may, from time to time as necessary
				to carry out its official duties, appoint student interns and other volunteer
				personnel who shall receive no compensation from the Commonwealth; provided,
				however, that such volunteer personnel may receive stipends, allowances,
				scholarships, fellowships, grants, or other compensation from their educational
				institution, sponsoring organization, private employer, or other entity, for
				the period of time during which they are providing voluntary services to the
				Commonwealth. Such interns and other volunteer personnel must not be involved
				in particular matters that would present an appearance of conflict between the
				Department and the sponsoring entity, and must otherwise comply with all
				applicable provisions of the state conflict of interest law.
REGULATORY AUTHORITY
830 CMR: 14.3.1: M.G.L. c. 14, s. 6(1); M.G.L. c. 62C, s.
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