reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.08 - Operation

Current through Register 1525, July 5, 2024
(1)
Location and type
. The Commission shall select
			 satisfactory sites for vending facilities and types of facilities to be
			 provided.
(2)
Vendors
			 agreements
.
(a) Prior to
			 operating a facility, each licensee shall sign a selection agreement with the
			 Commission effective on the date of execution. The agreement shall
			 substantially conform with the form at
			 111 CMR 3.19:
Appendix 1
, and shall contain the following information and
			 such other information as the Commissioner shall from time to time require: the
			 address of the facility; an assertion that the licensee has a valid appropriate
			 license issued pursuant to
			 111 CMR
			 3.00; an assertion that the licensee shall operate the
			 facility in full compliance with
			 111 CMR
			 3.00, the permit, and other applicable legal
			 requirements; a notice of resignation of operation of present facility, if
			 applicable; and a promise to pay or arrange payment of all outstanding bills by
			 the date of resignation.
(b) On the
			 first day he or she begins operation of a particular vending facility, each
			 vendor shall sign a vendor of record agreement with the Commission effective on
			 the date of execution. The agreement shall substantially conform with the form
			 at
			 111 CMR 3.19:
Appendix 2
, and shall contain the following information and
			 such other information as the Commissioner shall from time to time require: the
			 address of the facility; an assertion that the vendor has a valid and
			 appropriate license issued pursuant to
			 111 CMR
			 3.00; an assertion that the vendor is not vendor of
			 record at any other facility and an assertion that the vendor shall operate the
			 facility in full compliance with
			 111 CMR
			 3.00, the permit, and other applicable legal
			 requirements.
(c) Unless otherwise
			 indicated, the term vendors agreement when used in
			 111 CMR
			 3.00 shall refer to the selection agreement and/or
			 vendor of record agreement as described at 111 CMR 3.08(2)(a) and
			 (b).
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.09 - Types of Facilities

Current through Register 1525, July 5, 2024
(1)
			 For purposes of
			 111 CMR
			 3.00, the program shall license operation of up to
			 four types of facilities: wet stands, dry stands, cafeterias, and vending
			 machine operations.
(2)
(a) Wet stand means a vending facility which
			 serves coffee and/or soup and is not a cafeteria.
(b) Dry stand means a vending facility which
			 does not serve coffee and/or soup and is not a cafeteria.
(c) Cafeteria means a food-dispensing
			 facility capable of providing a broad variety of prepared foods (including hot
			 meals) and beverages, primarily through the use of a line where customers serve
			 themselves from displayed selections which facility may be fully automatic or
			 may provide limited waiter or waitress service and in any event shall provide
			 table or booth seating.
(d) Vending
			 machine operation means a vending facility consisting solely of one or more
			 vending machines .
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.11 - Evaluations

Current through Register 1525, July 5, 2024
(1)
Purpose
. Routine evaluations shall be conducted by the
			 Commission based on the forms promulgated by the Program Director. These
			 evaluations shall serve as one measure of the degree to which a vendor is
			 operating his or her facility consistent with
			 111 CMR
			 3.00, the permit, and the vendor's
			 agreements.
(2)
Frequency
. Each facility shall be evaluated at least
			 twice per calendar year, and on such occasions as the Commission may deem
			 appropriate.
(3)
Scoring
. Each evaluation shall utilize the Evaluation
			 Form issued by the Program Director. For purposes of 111 CMR 3.11(2), 75 points
			 or more shall be deemed a passing score, 74 points or less shall be deemed a
			 failing score.
(4)
Procedure
. Within 30 days of completion of an
			 evaluation, the Commission shall deliver (in hand or by mail) to the vendor a
			 written evaluation. The vendor may appeal the results of said evaluation within
			 30 days of receipt thereof. Upon request, the Commission shall offer assistance
			 to raise future scores, and may perform a follow-up evaluation within 45 days
			 of the evaluation in question.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.12 - Claims, violations and inadequate performance

Current through Register 1525, July 5, 2024
(1)
Claims
.
			 Immediately upon receiving oral and written notice of a complaint or claim by
			 any person alleging intentional, negligent or criminal wrongdoing by a licensee
			 or his or her agents, each vendor shall report the complaint or claim to the
			 Commission regardless of its merit or lack of merit. In the event the site
			 grantor or his agent is the party alleging wrongdoing, the Commission shall
			 afford the licensee an opportunity to respond to such allegations and it shall
			 perform an investigation of same. The licensee shall cooperate with the
			 Commission by providing written response to the allegation, assisting with the
			 investigation, and making reasonable and good faith efforts to eliminate any
			 problems and resolve any disputes.
(2)
Violations and Inadequate
			 Performance
. If the Commission finds that a vendor is operating a
			 facility in violation of
			 111 CMR
			 3.00 or Commission guidelines and/or without a passing
			 score on his or her performance evaluation, it shall issue a letter of warning
			 to the vendor specifying the violation and/or the performance score, setting a
			 date by which same must be corrected or improved, and informing the vendor of
			 his or her rights under
			 111 CMR 3.15. The
			 Commission may suspend or revoke the vendor's license if the violations have
			 not been corrected and/or the performance evaluation score made adequate by the
			 specified date, or if three or more warning letters are issued to the vendor
			 during any 12 month period.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.13 - Termination

Current through Register 1525, July 5, 2024
(1)
In
			 General
. As described in 111 CMR 3.13, a permit may be terminated
			 at the option of the site grantor or Commission and a vendor of record
			 agreement may be terminated at the option of the vendor or Commission. Upon
			 termination of either permit or vendor of record agreement, the vendor shall
			 assure that at minimum, the condition of the facility is as good as when he or
			 she began operating it, and that either all outstanding bills have been paid,
			 or arrangements completed to assure that such bills will be paid. Upon
			 termination of a vendor of record agreement, the vendor shall assure that the
			 incoming vendor receives sufficient going stock or, in the alternative, that
			 the incoming vendor receives a payment representing the difference between the
			 value of merchandise and supplies furnished by the outgoing vendor and the
			 value of two full week's merchandise and supplies necessary to operate the
			 facility, based on the average weekly purchases from the prior three months as
			 represented in the facility's records. The incoming vendor, outgoing vendor,
			 and a program staff member shall jointly complete an inventory of the
			 merchandise, supplies and money at the facility, and sign a report documenting
			 same.
(2)
Vendor's
			 Option
. Unless otherwise provided in the vendor of record
			 agreement or in the permit, a vendor may terminate an agreement to operate a
			 given vending facility only upon his or her:
(a) delivery of written notice to the
			 Commission at least 60 days prior to the effective date of
			 termination;
(b) physical or mental
			 incapacity to continue operating the facility; or
(c) death.
Termination under 111 CMR 3.13(2) shall be effective on
				delivery of notice and shall not be subject to revocation without written
				consent of the Program Director. Delivery of notice shall be made in-hand or by
				certified mail return receipt requested.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.14 - Information

Current through Register 1525, July 5, 2024
Each licensee shall have a right to access to all financial
				data of the program directly relevant to the operation of the program,
				including quarterly and annual financial reports, provided that such disclosure
				does not violate any laws pertaining to the disclosure of confidential
				information. Insofar as practicable, such data shall be made available in
				braille o r recorded tape. At the request of a licensee the Commission shall
				arrange a convenient time to assist in the interpretation of such financial
				data.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.15 - Grievances

Current through Register 1525, July 5, 2024
(1)
Administrative review and fair hearing
. Any licensee
			 or program applicant dissatisfied with any action or inaction of the Commission
			 may initiate administrative review and fair hearing proceedings in accordance
			 with
			 111 CMR 1.00.
(2)
Appeal
. Any
			 licensee or program applicant dissatisfied with the results of his or her fair
			 hearing may either:
(a) seek judicial review
			 under M.G.L. c. 30A, § 14; or
(b) if the vending facility is subject to the
			 Randolph Sheppard Act, request that an ad hoc arbitration panel be convened
			 under
			 34 CFR
			 Part 395.13.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.16 - State Committee

Current through Register 1525, July 5, 2024
(1)
Election
. The Commission shall conduct a biennial
			 election of the State Committee of Blind Vendors (the Committee) to consist of
			 seven members. Only vendors shall be permitted to vote and run for office. Each
			 election procedure shall be designed to assure representation of the interests
			 of senior and newly licensed vendors operating all types of facilities in all
			 geographic areas of the Commonwealth with a goal of providing proportional
			 representation of vendors on federal property and other property. Each vendor
			 shall be furnished with a nomination form for nomination of himself or herself
			 or another vendor. The Commission shall set and give notice of a deadline for
			 return by certified mail of the forms. The election shall be conducted in
			 accordance with guidelines established by the Commission. The seven nominees
			 receiving the most votes shall constitute the Committee for a term of two
			 years. Participation by any vendor in any election shall not be conditioned
			 upon payment of dues or any other fees. Each term shall begin on the first day
			 of October of every odd-numbered year.
(2)
Chairperson and
			 Subcommittees
. At its first meeting after the election, the
			 Committee shall elect a chairperson from among its members. The Committee shall
			 give written notice to the Commission of the name of its chairperson, of the
			 titles and functions of any subcommittees, and of the names of subcommittee
			 chairpersons and members.
(3)
Meetings
. The Committee shall meet once each month
			 with one or more Commission staff members at an agreed upon time and place.
			 From time to time, on agreement, the committee and Commission may hold special
			 meetings. The Commission may reimburse Committee members for reasonable travel
			 expenses incurred traveling to and from monthly and special meetings.
(4)
Committee
			 functions
. The Committee shall:
(a) participate with the Commission in major
			 policy decisions and in the development of policy, programs, transfer and
			 promotion systems for vendors, and in the development of training and
			 retraining programs;
(b) receive
			 grievances of vendors and serve as their advocates; and
(c) sponsor, with the Commission, meetings
			 and instructional conferences.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.17 - Nondiscrimination

Current through Register 1525, July 5, 2024
Neither the Commission nor any vendor may discriminate against
				any person based on race, color, creed, ancestry, national origin, age, sex,
				sexual orientation, handicap, political affiliation, or use of guide
				dog.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.18 - Invalidity of any provision

Current through Register 1525, July 5, 2024
If any provision of
				111 CMR
				3.00 or the application thereof is determined to be
				invalid, such determination shall have no effect on other provisions or the
				application thereof not specifically determined invalid. The provisions of
				111 CMR
				3.00. and the various applications thereof are
				severable.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.19 - Appendix 1: Form

Current through Register 1525, July 5, 2024
MASSACHUSETTS COMMISSION FOR THE BLIND
VENDING FACILITY PROGRAM
SELECTION AGREEMENT
I __________, holder of a valid license to operate a vending
				facility (wet stand, dry stand, vending machine operation, cafeteria) hereby
				accept selection to operate the vending facility located at and agree that on
				or about I shall begin operation of that facility in full compliance with the
				Vending Facility Program Regulations, with the permit, and with all other legal
				requirements.
I also hereby give notice of resignation as operator of the
				vending facility located at _______ and agree that I shall terminate operation
				of that facility on or about ________. On that date I will have either paid or
				completed arrangements to pay all outstanding bills.
I understand that effective on delivery this notice of
				resignation is final and that I cannot revoke it without the written consent of
				the Vending Program Director.
-------------------------------------------
-------------------------------------------
DATE SIGNATURE OF VENDOR
-------------------------------------------
-------------------------------------------
DATE DIRECTOR OR DESIGNEE
VENDING FACILITY PROGRAM
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.19 - Appendix 2: Form

Current through Register 1525, July 5, 2024
MASSACHUSETTS COMMISSION FOR THE BLIND
VENDING FACILITY PROGRAM
VENDOR OF RECORD AGREEMENT I ________, holder of a valid
				license to operate a vending facility (wet stand, dry stand, vending machine
				operation, cafeteria) here by agree that this date I shall begin operation of
				the vending facility located at in full compliance with the Vending Facility
				Program Regulations, with the permit, and with all other legal requirements. I
				am not vendor of record at any other facility.
-------------------------------------------
-------------------------------------------
DATE SIGNATURE OF VENDOR
-------------------------------------------
-------------------------------------------
DATE DIRECTOR OR DESIGNEE
VENDING FACILITY PROGRAM
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 6.00 - Vocational Rehabilitation Services College Training Services › Section 6.01 - Statement of Purpose

Current through Register 1525, July 5, 2024
111 CMR 6.00 is published in
				order to establish the conditions and requirements governing the provision of
				college training services. The purpose of these services is to enable blind
				persons to attain suitable employment outcomes under the provisions of the
				Federal-State Program of Vocational Rehabilitation for the Blind. The
				Commission recognizes that consumers often have disabilities in addition to
				blindness. Issues which effect other disabilities may be dealt with in other
				regulations or policies (
e.g
. interpreter or note taking
				services for deaf/blind consumers) and may not be dealt with specifically in
				111 CMR 6.00. Individual
				sections of
				111 CMR 6.00 must be read in
				the context of the whole, since one part may rely on another. In particular,
				the availability of resources other than college training services must be
				given appropriate consideration in determining eligibility.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 6.00 - Vocational Rehabilitation Services College Training Services › Section 6.02 - Definitions

Current through Register 1525, July 5, 2024
Academic Year
: The period of time
				between September 1 and August 31 of any year.
College Training
: Training at an
				accredited college, junior college, community college, or other degree-granting
				institution.
Consumer
: A person who is receiving
				vocational rehabilitation services from the Commission for the Blind or who has
				been determined to be eligible for such services.
Commission
: The Massachusetts
				Commission for the Blind.
Commissioner
: The Commissioner of the
				Massachusetts Commission for the Blind.
Comparable Benefits
: Those resources
				which are available to a consumer for payment for or provision of specified
				vocational rehabilitation services and which must be taken into consideration
				prior to payment by the Commission for provision of college training services,
				as required by the Rehabilitation Act of 1973, as amended. Particular attention
				should be paid to the Americans with Disabilities Act which requires public
				accommodations and governmental entities to provide services to persons with
				disabilities.
Counselor
: A counselor for the blind
				on the staff of the Commission's Vocational Rehabilitation Program.
Individualized Written Rehabilitation Plan
				(IWRP)
: A plan, developed jointly by the counselor and consumer,
				as required by the Rehabilitation Act of 1973, as amended, which defines the
				consumer's vocational goal and outlines the responsibilities of the consumer
				and the Commission and the vocational rehabilitation services which will be
				provided in order to achieve that goal.
Regional Director
: The Commission
				employee responsible for the planning, coordination, and management of services
				in a designated geographical area of the Commonwealth.
Vocational Rehabilitation Program
:
				Counseling, training, physical restoration, job placement, follow up,
				vocational rehabilitation and other services as provided in P.L. 93-112, as
				amended.
(
Note
: On occasion, a term maybe
				changed without changing the function of the term,
e.g
. a
				regional director could be called an area director without essentially changing
				the function of that position. Unless there is a material change in the
				function of a term, it will not be necessary to amend
				111 CMR
				6.00.)
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 6.00 - Vocational Rehabilitation Services College Training Services › Section 6.03 - Scope of College Training Services

Current through Register 1525, July 5, 2024
(1) College training services shall only be
			 provided when:
(a) such services are necessary
			 to enable a consumer to reach a specific vocational outcome which has been
			 determined to be suitable by both the consumer and the counselor and which have
			 been identified in an individualized written rehabilitation plan (IWRP);
			 and
(b) the IWRP specifies the
			 nature, purpose, and duration of the services as well as the terms and
			 conditions for the services; and
(c) the IWRP has been approved by the
			 consumer, the counselor, the counselor's supervisor and the Regional
			 Director.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 6.00 - Vocational Rehabilitation Services College Training Services › Section 6.05 - Determination of Financial Need

Current through Register 1525, July 5, 2024
The counselor will determine the consumer's financial need in
				accordance with the following standards before authorizing paid college
				training services.
The existence and extent of the financial need is determined by
				subtracting the following amounts from the projected total cost for the
				academic year:
(1) The amount
			 designated as "Parents' Contribution" on the analysis of the FAFSA;
			 and
(2) The amount designated as
			 "Student's Contribution" on the analysis of the FAFSA; and
(3) The amount of any Federal government
			 grants awarded to the consumer (If the grant has not yet been awarded at the
			 time financial need is determined, the estimated amount of grant eligibility
			 that is reported on the FAFSA will be subtracted. If the grant, when awarded,
			 is more or less than the estimated amount, financial need will be
			 recalculated.); and
(4) The amount
			 of any scholarship or grant awarded to the consumer; and
(5) The projected work-study and/or teaching
			 assistant earnings.
The projected total cost of tuition and fees, for the academic
				year will be determined by the Financial Aid Officer of the institution which
				the consumer will be attending and will be reported to the
				counselor.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 6.00 - Vocational Rehabilitation Services College Training Services › Section 6.06 - Reimbursement for Necessary Books and Supplies

Current through Register 1525, July 5, 2024
(1) Reimbursement for necessary books and
			 supplies will be provided to a consumer receiving college training services
			 under an approved IWRP without regard to financial need. Necessary books and
			 supplies do not include personal items or any material that is not directly
			 related to the consumer's course of study.
(2) The maximum payment which the Commission
			 may authorize during any academic year for necessary books and supplies for a
			 consumer receiving college training services will be determined by the
			 Commissioner or his/her designee on an annual basis, the date to be determined
			 by Commonwealth fiscal year budget requirements. Rates of reimbursement are
			 applied universally and may not be adjusted for individuals. No consumer may
			 receive more than the actual cost of necessary books and supplies.
(3) No consumer may receive more than the
			 maximum amount established except circumstances, such as theft or fire, and
			 then only what is necessary to replace the items so that the consumer may
			 complete his/her course work. Exceptions may be approved by the Commissioner or
			 his/her designee upon sufficient showing of proof of the loss, which must be
			 documented in the consumer's file.
(4) Equipment, such as tape recorders, CCTVs,
			 etc., is not included in the definition of "necessary books and supplies". Such
			 equipment may be provided when necessary to consumers receiving college
			 training services. Provision of such equipment will be made within the scope of
			 the Commission's equipment guidelines.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 6.00 - Vocational Rehabilitation Services College Training Services › Section 6.07 - Reimbursement for Necessary Reader Services

Current through Register 1525, July 5, 2024
(1) Reimbursement for necessary reader
			 services will be provided to a consumer receiving college training services
			 under an approved IWRP without regard to financial need.
(2) The Commission may reimburse a consumer
			 for necessary reader services at an hourly rate as established by the
			 Commissioner, or his/her designee, on an annual basis the date to be determined
			 by Common wealth Fiscal Year budget requirements. Rates of reimbursement are
			 applied universally and may not be adjusted for individuals. A maximum of 60
			 hours of service per calendar month may be reimbursed, provided said services
			 are associated with the consumer's status as a registered college student, and
			 provided further that said reader services and student status are incorporated
			 in an individualized written rehabilitation plan approved by the Commission.
The 60 hour limitation of 111 CMR 6.07 may be waived by the
				Commissioner or his/her designee, upon a showing of extraordinary
				circumstances. Extraordinary circumstances do not include situations where the
				normal course of study is one that requires a heavy reading schedule.
Examples of extraordinary circumstances:
A consumer, in consultation with his/her counselor, decides to
				pursue an accelerated program which results in an earlier graduation.
A consumer normally depends on a CCTV for reading and the
				equipment becomes unavailable and cannot be promptly replaced.
(3) When a consumer receiving
			 college training services has possession of or reasonable access to a CCTV,
			 scanner, or other devise that can facilitate reading, the maximum amount the
			 Commission may authorize for reimbursement for necessary reader services will
			 be for 15 hours at the hourly rate established above.
(4) If reader services are authorized, a
			 report in the form of properly completed and signed certificates for
			 reimbursement, on a form provided by the Commission, must be submitted in a
			 timely manner. Failure to do so could result in the consumer not receiving
			 reimbursement for that period. Consumers may need to provide other documents in
			 a timely manner in order to receive payment.
(
Note
: Reader fee reimbursement is
				reimbursement to the consumer, not the reader. Payment to the reader is the
				consumer's responsibility, not the Commission's. Rate of payment to the reader,
				number of hours for which service is contracted,
etc.
is not
				determined by or limited by the Commission.
Reimbursement by the Commission to the consumer may not meet
				the full need a consumer may have for reader services.)
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 6.00 - Vocational Rehabilitation Services College Training Services › Section 6.08 - Administrative Review

Current through Register 1525, July 5, 2024
Pursuant to
				111 CMR 1.00, any consumer who
				is dissatisfied with any decision made under
				111 CMR 6.00, may file a
				request for Administrative Review of such action by writing to the Commission,
				Hearings Officer. If the consumer is dissatisfied with the findings of the
				Administrative Review, he or she may request a hearing before an impartial
				hearings officer. The Commission also operates a Client Assistant Program, the
				services of which are available to any consumer who is dissatisfied with
				services under
				111 CMR 6.00. In addition, the
				Massachusetts Office on Disability operates a federally-mandated Client
				Assistance Program, the services of which are also available to any consumer
				who is dissatisfied with services under
				111 CMR
				6.00.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 6.00 - Vocational Rehabilitation Services College Training Services › Section 6.10 - Appendix 1 Form

Current through Register 1525, July 5, 2024
STATEMENT OF VOCATIONAL
				OBJECTIVE
This statement must be completed and returned by
				-----------------------------------------------------
1. What is your vocational objective? Give us
			 a comprehensive job description of your chosen objective including duties and
			 responsibilities.
2. How did you
			 arrive at this objective? Give details.
3. What training is required to attain this
			 objective? (Give specific details on content of training program.)
4. Will such a training program equip you for
			 employment in other occupations? If so, what occupations?
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 8.00 - Public Safety › Section 8.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				111 CMR
				8.00 is to delineate a clear and orderly system
				operated by the Massachusetts Commission for the Blind for purposes of
				facilitating the protection of public safety by the Registry of Motor Vehicles
				while protecting the confidentiality of blind registrants to the maximum extent
				feasible.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 8.00 - Public Safety › Section 8.02 - Definitions

Current through Register 1525, July 5, 2024
Commissioner
. The Commissioner of the
				Massachusetts Commission for the Blind.
Legal Blindness
. A condition
				associated with a finding by a physician or optometrist that a person has a
				visual acuity of 20/200 or less with correction in the better eye, or has a
				peripheral visual field of ten degrees radius or less regardless of visual
				acuity.
MCB
. Massachusetts Commission for the
				Blind.
Personal Data
. Any information
				concerning an individual which, because of name, identifying number, mark or
				description can be readily associated with a particular individual; provided,
				however, that such information is not contained in a public record as defined
				at M.G.L. c. 4, § 7, cl. 26, and does not constitute intelligence,
				evaluative or criminal offender record information as defined at M.G.L. c. 6,
				§ 167.
Personal Data System
. A system of
				records containing personal data, which system is organized such that the data
				are retrievable by use of the identity of the data subject.
PSRI
. Public safety related
				information.
Public Safety Related Information
. The
				minimal personal data which the Commissioner deems necessary to fulfill the
				purposes of
				111 CMR
				8.00 to the extent such data identifies persons
				seeking or holding a drivers license from the Registry of Motor
				Vehicles.
Register
. The list of legally blind
				persons held by the Commission for the Blind pursuant to M.G.L. c. 6,
				§§ 135 and 136.
Registrant
. An individual identified
				in the Register.
RMV
. Registry of Motor
				Vehicles.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 8.00 - Public Safety › Section 8.03 - Procedure

Current through Register 1525, July 5, 2024
(1) On a regular
			 basis as delineated in guidelines promulgated by the Commissioner, and/or
			 anytime the Commissioner receives information giving rise to a reasonable
			 belief that a particular public safety danger may exist, the Registry of Motor
			 Vehicles (RMV) Registrar or his designee shall deliver PSRI to the
			 Massachusetts Commission for the Blind Commissioner or his designee.
(2) Subsequent to receipt of such
			 information, the MCB Commissioner or his duly authorized designee shall compare
			 identifying information from its register with the PSRI.
(3) In the event that the same individual
			 appears to be listed with both the MCB register and the RMV databank, the MCB
			 Commissioner or his duly authorized designee shall inform the individual in
			 question and the RMV. The Commission shall offer the individual an opportunity
			 to be heard on the matter as described at 111 CMR 8.03(4). If the individual
			 provides a current eye report to MCB showing to the Commission's satisfaction
			 that he or she is not legally blind, then MCB shall immediately correct its
			 records and so notify the RMV. Upon receiving notice of the individual's dual
			 listing, the RMV Registrar or his duly authorized designee may take whatever
			 duly authorized steps he deems necessary to protect public safety.
(4) The Commissioner or his designee shall
			 establish procedures that:
(a) allow each
			 registrant or his duly authorized representative to object to the accuracy,
			 completeness, pertinence, timeliness, relevance or disclosure of personal data
			 or the denial of access to such data maintained in the personal data system;
			 and
(b)
1. permit personal data to be corrected or
			 amended when the registrant or his duly authorized representative so requests
			 and there is no disagreement concerning the change to be made or,
2. when there is disagreement, assure that
			 the registrant's claim is noted and included as part of his personal data and
			 included in any subsequent disclosure of the disputed data.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 8.00 - Public Safety › Section 8.04 - Protection of Confidentiality

Current through Register 1525, July 5, 2024
(1)
			 The Commissioner shall identify one individual immediately responsible for the
			 personal data system who shall insure that the requirements of
			 111 CMR
			 8.00 are followed.
(2) The Commissioner or his designee shall:
(a) inform each MCB employee having
			 responsibility or function in the design, development, operation, or
			 maintenance of the public safety related information (PSRI) system, or the use
			 of any personal data contained therein, of each safeguard required by
			 111 CMR
			 8.00 and related rights and remedies, including
			 relevant safeguards required by RMV;
(b) transmit personal data from the register
			 to the RMV solely as indicated in
			 111 CMR
			 8.00;
(c)
			 in the case of data held in automated personal data systems, and to the extent
			 feasible with data held in manual personal data systems, maintain a complete
			 and accurate record of every transmission to identified RMV
			 designees;
(d) to the extent such
			 records are maintained pursuant to 111 CMR 8.04(2)(c), make available to a
			 registrant upon his request the identity of all PSRI holders to whom the
			 registrant's personal data has been delivered;
(e) upon an MCB registrant's written request,
			 indicate in writing whether personal data has been transmitted to the RMV
			 pursuant to
			 111 CMR
			 8.00, and if so, make such data fully available to him
			 or his authorized representative, unless doing so is prohibited by
			 111 CMR
			 8.00 or by any other regulation or statute;
(f) remove personal identifiers relating to a
			 third person when making any disclosure of information to a registrant pursuant
			 to
			 111 CMR
			 8.00, except where such third person is an officer or
			 employee of government acting as such.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 10.00 - State Supplement Program To Supplemental Security Income › Section 10.01 - Authority for State Supplement Program

Current through Register 1525, July 5, 2024
The Supplemental Security Income (SSI) program is administered
				by the Social Security Administration (SSA) to provide financial assistance to
				eligible aged, disabled and blind individuals. States have the option to
				provide additional assistance through the State Supplement Program. The
				Commonwealth has opted to provide this additional assistance.
The State Supplement Program (SSP) is authorized under M.G.L.
				chs. 6 and 118A and applicable federal law pertaining to the Supplemental
				Security Income (SSI) program and agreements with the Commissioner of Social
				Security.
111 CMR 10.00 is promulgated
				and implemented in accordance with M.G.L. c. 30A, and in accordance with other
				applicable General Laws of the Commonwealth.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 10.00 - State Supplement Program To Supplemental Security Income › Section 10.02 - Overview of State Supplement Program

Current through Register 1525, July 5, 2024
SSP provides state-funded financial assistance to individuals
				who receive SSI or who do not qualify for SSI due to income. No other
				individuals are eligible for the SSP.
The State Supplement Program provides financial assistance to
				blind individuals through the authority of the Massachusetts Commission for the
				Blind and to aged and disabled individuals through the authority of the
				Department of Transitional Assistance. The Commonwealth administers SSP
				centrally for all SSP recipients. Detailed program regulations for all SSP
				recipients are found at
				106 CMR 327.000.
SSP recipients must meet program criteria as specified in
				106 CMR 327.000:
Eligibility Requirements for SSP
as aged, blind or disabled.
				In accordance with federal law, payment levels are based on Eligibility
				Category, State Living Arrangement and by whether the recipient is considered
				an individual or a member of an eligible couple.
See
20 CFR 416
				Subpart T.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 11.00 - Release of Information to City or Town Assessor's Office › Section 11.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 111 CMR 11.00 is to establish a clear and orderly system, operated by the Massachusetts Commission for the Blind (MCB) for issuing a certified list of the Register to local city or town Assessors' offices as verification of eligibility for the property tax exemption pursuant to M.G.L. c. 59, § 5(37) and (37A), and the motor vehicle excise tax exemption M.G.L. c. 60A, § 1. The certified list will include the names and addresses of individuals registered with MCB who are 18 years of age and older, which will be provided to the city or town Assessor's office where the individual resides to be used for the sole purpose of verifying a Registrant's Legal Blindness for these tax exemptions.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 11.00 - Release of Information to City or Town Assessor's Office › Section 11.02 - Definitions

Current through Register 1525, July 5, 2024
Certified List of the Register
. A list created by MCB of the names and addresses of individuals registered with MCB in accordance with M.G.L.. 6, § 135, who are 18 years of age or older, to be used for the sole purpose of verifying a Registrant's Legal Blindness when a Registrant applies to their Local Assessor's Office for the local property tax exemptions under M.G.L. c. 59, §§ 5(37) and (37A) and local motor vehicle excise tax exemptions under M.G.L. c. 60A, § 1.
Commissioner
. The Commissioner of the Massachusetts Commission for the Blind.
Legal Blindness
. As defined in M.G.L. c. 6, § 136, a finding by a physician or optometrist that a person has a visual acuity of 20/200 or less with correction in the better eye or has a peripheral visual field of ten degrees radius or less regardless of visual acuity.
Local City or Town Assessor's Office
. The office in a city or town of the Commonwealth responsible for assessing local, personal and real property taxes, processing tax exemptions, and other duties within the jurisdiction of that city or town. Hereinafter referred to as the Local Assessor's Office.
MCB
. Massachusetts Commission for the Blind.
Personal Data
. As defined by M.G.L. c. 66A, § 1, any information concerning an individual which, because of name, identifying number, mark or description can be readily associated with an individual; provided, however, that such information is not contained in a public record as defined at M.G.L. c. 4, § 7, cl. 26, and shall not include intelligence information, evaluative information or criminal offender record information as defined at M.G.L. c. 6, § 167.
Personal Data System
. As defined by M.G.L. c. 66A, § 1, a system of records containing personal data, which system is organized such that the data are retrievable by use of the identity of the data subject.
Register
. The list of legally blind persons maintained by MCB pursuant to M.G.L. c. 6, §§ 135 and 136. The Register is comprised of Personal Data contained in MCB's Personal Data System.
Registrant
. An individual included in MCB's Register of legally blind persons, maintained pursuant to M.G.L. c. 6, §§ 135 and 136.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 11.00 - Release of Information to City or Town Assessor's Office › Section 11.03 - Procedure

Current through Register 1525, July 5, 2024
(1) On an annual basis, or as necessary to satisfy the purpose of 111 CMR 11.00, MCB will send to each Local Assessor's Office in the Commonwealth a Certified List of the Register of only those Registrants residing in the specified city or town. MCB will provide the Certified List of the Register to the Local Assessor's Office for the exclusive purpose of verifying the legal blindness requirement pursuant to M.G.L. c. 59, § 5(37) and (37A) and M.G.L. c. 60A, § 1. The Commissioner of MCB may issue guidance setting forth the procedure for providing the Certified List of the Register to Local Assessors' Offices.
(2) The Certified List of the Register will conspicuously state:
(a) The MCB Certified List of the Register can be used only by the Local Assessor's Office for the purpose of verifying the legal blindness requirement of M.G.L. c. 59, § 5(37) and (37A) and M.G.L. c. 60A, § 1;
(b) The Certified List of the Register is confidential and not a public record pursuant to M.G.L. c. 6, § 135; and
(c) The Certified List of the Register must be destroyed after its use in a manner that will ensure the confidentiality of the Registrant's information and is in accordance with M.G.L. c. 66A.
Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 11.00 - Release of Information to City or Town Assessor's Office › Section 11.04 - Additional Provisions

Current through Register 1525, July 5, 2024
The Commissioner or the Commissioner's designee shall:
(1) Maintain a complete and accurate record of every transmission of a Certified List of the Register to a Local Assessor's Office; and,
(2) Upon a Registrant's request, MCB shall provide the Registrant with the name of the Local Assessor's Office that received a Certified List of the Register including the Registrant's name, the date MCB sent such list to the Local Assessor's Office and the Registrant's name and address as appearing on the list sent to the Local Assessor's Office.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.01 - Statement of Scope and Purpose

Current through Register 1525, July 5, 2024
112 CMR 1.00 governs the
				appeals process for clients who are receiving or requesting services of the
				Massachusetts Commission for the Deaf and Hard of Hearing.
The purpose of
				112 CMR 1.00 is to provide an
				orderly system for informal review of agency action where an applicant for or
				recipient of Case Management services is dissatisfied with the denial or
				delivery of such services by the Massachusetts Commission for the Deaf and Hard
				of Hearing. Should the individual be dissatisfied with the result of the
				Administrative Review, a Fair Hearing will follow such
				review.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
The definitions in 112 CMR 1.02 apply to terms used throughout
				112 CMR 1.00. As used in
				112
				CMR 1.10 through
				1.21, these definitions
				supplement 801 CMR 1.02(2)(b).
Adjudicatory Proceeding
shall also be
				taken to mean a fair hearing and the terms shall be used
				interchangeably.
Administrative Review
. The
				administrative review is an optional first step in the appeals process designed
				to provide a client with a prompt informal review of decisions made or the
				furnishing or denial of services in the client's case. It includes, but is not
				limited to, interviews, fact gathering, negotiations, mediation, and document
				review.
Administrative Review Officer
refers
				to a Commission employee who is assigned to conduct an administrative review,
				does not work in the area where the individual is being served and who was not
				involved in the disputed service decision.
Appeals Coordinator
refers to the
				Commission employee who is responsible for scheduling fair hearings and
				communicating with individuals, advocates, family members and Commission staff
				about appeal requests.
Authorized Representative
refers to
				an individual's parent, parents, guardian or another person whom the individual
				designates to represent or speak for the individual.
Commission
refers to the
				Massachusetts Commission for the Deaf and Hard of Hearing.
Commissioner
refers to the
				Commissioner of the Massachusetts Commission for the Deaf and Hard of
				Hearing.
Decision
. A course of action taken by
				an employee of the Commission, resulting in either the delivery or refusal to
				deliver services to a client of the Commission for the Deaf and Hard of
				Hearing, or an individual applying for or requesting services.
Deputy Commissioner
refers to the
				Deputy Commissioner for Policy and Programs of the Massachusetts Commission for
				the Deaf and Hard of Hearing.
Impartial Hearing Officer
refers to
				an individual who is assigned to conduct hearings pursuant to
				112 CMR 1.00 and refers to an
				individual who is assigned to conduct a fair hearing for a client who is
				receiving or seeking services from the Commission's Case Management program
				provided that the individual assigned shall:
(a) have knowledge of the delivery of case management services
				and programs, the state rules governing such services and programs, and have
				the training with respect to performing the official duties of a hearing
				officer;
(b) not have been involved in previous decisions regarding the
				case management of the client who has requested the appeal;
(c) have no personal or financial interest that would be in
				conflict with the hearing officer's objectivity;
Presiding Officer
refers to an
				impartial hearing officer or fair hearing officer and is used interchangeably
				with those terms.
Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.03 - Time Limits

Current through Register 1525, July 5, 2024
(1) Communications
			 to the Commission concerning an appeal shall be considered filed on the date on
			 which the appeal is actually received by the central administrative office in
			 Boston. All communications from the Commission, including correspondence about
			 the appeals process shall be considered to be filed on the date on which they
			 are deposited in the United States mail, properly addressed, postage prepaid,
			 or delivered in person.
(2)
			 Computation of any period of time referred to in
			 112 CMR 1.00 shall begin on
			 the first day following the day on which the client receives the notice. If the
			 last day of the period is a day on which the office or offices of the
			 Commission are closed, the period shall run until the end of the next following
			 business day. The offices of the Commission are closed on Saturdays, Sundays
			 and legal holidays.
(3) The
			 administrative review officer may extend time limits applicable to the
			 administrative review.