reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.01 - Definitions

Current through Register 1525, July 5, 2024
Bazaar
means a place maintained by a Licensed
				Organization for disposal of merchandise or cash awards by means of chance;
				provided that the awarding of cash prizes in excess of the amount allowed by
				M.G.L. c. 271, &#xa7; 7A or any successor thereto is expressly
				prohibited.
Function
is a Bazaar maintained and conducted by a
				Licensed Organization for the disposal of awards of merchandise, cash or its
				equivalent by means of games. This includes without limitation thereto,
				so-called Las Vegas, Casino or Monte Carlo Nights.
Gross Receipts
means the total amount of money
				received as admission fees and from the sale or transfer for money of chips,
				script or the like used to make wagers.
Lawful Purpose
means educational, charitable,
				religious, civil or fraternal purposes or veterans benefits.
Licensed Organization
means any Licensed
				Organization which holds a Bazaar permit issued pursuant to M.G.L. c. 271,
				&#xa7; 7A.
Local Licensing Authority
means the clerk of the
				city or town wherein a permit to conduct Bazaars is issued or to whom an
				application to conduct same is submitted.
Net Proceeds
is Gross Receipts less taxes, prices
				and reasonable and necessary expenses ordinarily incidental to the conduct of
				said Bazaar.
Raffle/Bazaar Law
means M.G.L. c. 271, &#xa7;
				7A.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.02 - Licensing

Current through Register 1525, July 5, 2024
Lists Required To Be Kept: Membership List
. Each
				Licensed Organization must maintain a list of its current membership by name,
				address, telephone number and a description of the type of membership in the
				organization which shall be kept available for inspection at all reasonable
				times.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.04 - Limitation of Participation of Certain Persons

Current through Register 1525, July 5, 2024
No person directly or indirectly connected with the
				manufacture, sale or distribution of gaming equipment or supplies, or the
				agents, servants or employees of such person, shall conduct, participate,
				advise or assist in the conduct of a Function or render any service to anyone
				conducting, participating or assisting in the conduct of a Function including
				the preparation of any form relating thereto.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.05 - Equipment

Current through Register 1525, July 5, 2024
(1)
Ownership
			 of Equipment.
The Licensed Organization shall conduct games only with
			 equipment owned by it or which a lessor undertakes to provide by the terms of a
			 written lease. The rental fee contained in such a lease shall be a sum certain
			 and shall be commercially reasonable.
(2)
Equipment
. Equipment used in
			 the conduct of a Bazaar must be maintained in good repair and sound working
			 condition. Equipment shall be used, and play operated, so that each player is
			 given an equal opportunity to win.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.06 - Operation of Games

Current through Register 1525, July 5, 2024
(1)
Wagering
			 by Use of Chips, Script or the Like Required
. A Licensed Organization
			 may allow wagers to be placed only in the form of chips, script or the like and
			 purchased for cash at the Function at which the wager is made. Wagering in the
			 form of currency or representations of credit is expressly prohibited. Chips,
			 script or the like may be redeemed at only the specific Function where they
			 were acquired.
(2)
House
			 Rules
. Prior to conducting a Function, each Licensed Organization shall
			 develop a set of house rules which will govern the type, scope and manner of
			 all games to be conducted. Among other information, these rules shall establish
			 the maximum amount of wagers which may be placed by persons participating in
			 games. In addition, the rules shall prohibit the giving of anything of value to
			 any person involved in the management or operation of the Function and prohibit
			 any involved in the management or operation of the Function from accepting
			 anything of value. A copy of the rules shall be posted conspicuously on the
			 premises where the Function is being conducted at all times during the
			 occasion, and a copy thereof shall be made available upon request, to any law
			 enforcement officer. The maximum wager and rules for individual games shall be
			 displayed at the location of each said game so as to be conspicuous to those
			 persons participating in said game.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.07 - Prohibited Acts

Current through Register 1525, July 5, 2024
(1)
Wagering Among Participants Not Permitted
. No Licensed
			 Organization shall permit, as a part of a Function, a gambling activity which
			 involves a wagering of money or other items of value by one participant
			 directly against another participant, if the activity does not provide for some
			 portion of the proceeds to go to the Licensed Organization. This rule shall not
			 be construed to prohibit games wholly administered by the Licensed Organization
			 wherein the licensee collects wagers from among the participants and determines
			 the winners and amount of prizes on a parimutuel basis.
(2)
Credit and
			 Checks
. No Licensed Organization may extend credit to any patron
			 at a Function. No checks may be cashed or received for the purchase of chips,
			 script and the like.
(3)
Persons Under Age Eighteen
. No person under 18 years
			 of age shall be permitted on that portion of the premises used for a
			 Function.
(4)
Transaction of Certain Business Prohibited
. No person
			 who is directly or indirectly connected with the manufacture, sale or
			 distribution of gaming equipment or supplies or his agents, servants or
			 employees may be present during a Function for the transaction of
			 business.
(5)
Workers
			 Prohibited From Participating
. Workers are prohibited from
			 participating in games at any Function during which they participate as
			 workers.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.08 - Police Officer Required

Current through Register 1525, July 5, 2024
Each Licensed Organization shall retain the services of a
				police officer of the city or town where the Function is conducted or shall
				take such other steps as are adequate to protect the proceeds and to insure the
				public safety. The police officer may be compensated under
				940 CMR
				13.03(1)(i)2. at a rate not
				to exceed the rate currently prevailing for such services in said city or
				town.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.09 - Limitation of Functions

Current through Register 1525, July 5, 2024
No Licensed Organization shall conduct more than two Functions
				in any single calendar year. The operation of a Function shall be limited to
				five consecutive hours.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.10 - Record Keeping

Current through Register 1525, July 5, 2024
(1)
Records
(a)
Record Keeping
. Accurate records and books shall be
			 kept by each Licensed Organization including but not limited to detailed
			 financial reports of the amount and source of proceeds, the members
			 participating in the promotion and/or operation of the Function, all expenses
			 and disbursements.
(b)
Access to Records
. Law enforcement personnel shall at
			 all times have access to all books and records of any Licensed
			 Organization.
(c)
Period for Retention of Records
. All records, books of
			 account, bank statements and all other papers incidental to the operation of
			 Bazaars by the Licensed Organization shall be retained and available for
			 inspection by law enforcement personnel for a period of four years from the
			 close of the calendar year to which the records apply.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.11 - Violations of 940 CMR 13.00

Current through Register 1525, July 5, 2024
Failure to comply with any of
				940
				CMR 13.00 shall be deemed an unfair and deceptive act
				or practice, in violation of M.G.L. c. 93A, § 2 or a misapplication of
				funds given or appropriated to public charities.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.12 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940
				CMR 13.00 or the application of such provision to any
				person or circumstances shall be held invalid, the validity of the remainder of
				940
				CMR 13.00 and the applicability of such provisions to
				other persons or circumstances shall not be affected thereby.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.01 - Purpose

Current through Register 1525, July 5, 2024
The Attorney General of Massachusetts promulgates
				940 CMR 14.00 related to
				financial compensation for victims of violent crime pursuant to his or her
				authority under M.G.L. c. 12, § 11K and M.G.L. c. 258C, §
				4.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.02 - Scope

Current through Register 1525, July 5, 2024
940 CMR 14.00 applies only to
				claims for financial compensation filed under M.G.L. c. 258C.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.04 - Persons Eligible for Compensation

Current through Register 1525, July 5, 2024
(1)
Persons Eligible
. The following persons are eligible
			 for compensation:
(a) Victims as defined in
			 940 CMR
			 14.03;
(b) Dependents and family members of homicide
			 victims;
(c) Persons who assume
			 homemaker responsibilities as provided for in
			 940 CMR
			 14.06(7)(e);
(d) Persons who actually incur burial
			 expenses directly related to the death of a victim in accordance with
			 940 CMR 14.06(2) or
			 (3);
(e) Parent or legal guardian in accordance
			 with
			 940 CMR
			 14.06(5);
(f) Persons who incur the costs of "Crime
			 Scene Cleanup services" in accordance with
			 940 CMR
			 14.06(11); and
(g) Persons who incur the costs of "Security
			 Measures" in accordance with
			 940 CMR
			 14.06(13).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.05 - Eligibility Requirements

Current through Register 1525, July 5, 2024
A person eligible for compensation must satisfy each of the
				following conditions:
(1)
Reporting of Crime to Law Enforcement Authorities
. A
			 claimant must demonstrate that the crime for which he or she seeks compensation
			 was reported to police or other law enforcement authorities, or to an agency or
			 entity obligated by law to report complaints of criminal misconduct to law
			 enforcement authorities.
(a) Law enforcement
			 authorities to whom a crime may be reported include: federal, state or local
			 police; school, college or university police; housing authority police; or the
			 M.B.T.A. police.
(b) Crimes
			 involving minor victims may be reported to the Department of Children and
			 Families pursuant to the reporting requirements of M.G.L. c. 119, § 51A.
			 Crimes involving elder victims may be reported to the Department of Elder
			 Affairs pursuant to the reporting requirements of M.G.L. c. 19A, § 15.
			 Crimes involving disabled victims may be reported to the Disabled Persons
			 Protection Commission pursuant to M.G.L. c. 19C, § 4. Crimes occurring in
			 correctional facilities may be reported to the superintendent of the
			 correctional institution pursuant to M.G.L. c. 127, § 38C. All other
			 crimes must be reported to law enforcement authorities specified in 940 CMR
			 14.05(1)(a), (c) or (d).
(c) The
			 reporting of a crime to a court through a citizen application for a restraining
			 order under M.G.L. c. 209A, and M.G.L. c. 258E, accompanied by an affidavit in
			 support of the application for protection, or through a citizen application for
			 a criminal complaint, shall constitute a report to law enforcement
			 authorities.
(d) Reports to local
			 law enforcement, via a Provider Sexual Crime Report (PSCR), after the
			 performance of a Forensic Sexual Assault Exam in accordance with M.G.L. c. 112,
			 § 12A½, shall constitute a report to law enforcement
			 authorities.
(e) Reports to private
			 security personnel, rape crisis centers, or the Division do not constitute
			 reports to law enforcement authorities.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.06 - Compensable Expenses

Current through Register 1525, July 5, 2024
The following expenses are compensable in accordance with the
				following requirements:
(1)
Fund of Last Resort
. A claimant must demonstrate that
			 his compensable losses or legal liability exceed reimbursements or eligibility
			 for reimbursement or compensation from any other source including all sources
			 listed in
			 940 CMR
			 14.08(2)(e). Awards for
			 compensation shall be reduced by all amounts reimbursed, reimbursable or
			 otherwise compensable by any other source.
(2)
Funeral and Burial
			 Expenses
. The maximum award for funeral and burial expenses
			 incurred as a result of crimes occurring before November 5, 2010, shall be
			 regulated by
			 940 CMR 14.00 effective on
			 May 5, 1995. The maximum award for funeral and burial expenses incurred as a
			 result of crimes occurring on or after November 5, 2010, shall be $6,500. For
			 crimes occurring on or after July 1, 2013, the maximum award for funeral and
			 burial expenses shall be $8,000. An award for funeral and burial expenses to be
			 provided in the future may be based on a
bona fide
contract
			 for services.
A legal guardian, dependent or other family member of the
				victim or a person who actually incurs funeral and burial expenses directly
				related to the death of a victim shall be eligible for compensation for such
				funeral and burial expenses.
(3)
Ancillary
			 Expenses
. The maximum award or compensation for expenses other
			 than funeral and burial expenses associated with the interment of a victim
			 whose death is the direct result of a crime shall be $800. For purposes of 940
			 CMR 14.06(3) compensable expenses shall include, but not be limited to:
(a) transportation of the victim to the
			 location of interment;
(b) travel
			 of a legal guardian or family member to accompany the victim to the location of
			 interment;
(c) memorial markers at
			 the location of interment or other associated expenses as determined by the
			 program director in accordance with
			 940 CMR 14.00.
(d) in order to receive payment under 940 CMR
			 14.06(3) the claimant must submit receipts, cancelled checks, bills for
			 products and services provided, or other proof of payment or liability for
			 products or services. An award for expenses under this category may be based on
			 a
bona fide
contract for services to be provided. It does not
			 include compensation for public transportation, or for mileage or parking when
			 private transportation is used.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.08 - Obligations of the Claimant

Current through Register 1525, July 5, 2024
(1)
Claimant's Obligations
. A claimant shall have the
			 following obligations with respect to a claim for compensation:
(a) The claim must be made on an application
			 form provided by the Division;
(b)
			 The claim must be signed by the claimant under the pains and penalties of
			 perjury;
(c) The claim must be
			 accompanied by copies of bills and other supporting documentation necessary to
			 verify the claim; and
(d) The claim
			 must contain a release of information necessary to investigate the
			 claim.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.09 - Confidentiality of Records

Current through Register 1525, July 5, 2024
All information received, obtained or maintained by the
				Division in connection with any claim for compensation shall be maintained as
				confidential investigative material, and shall not be released or disclosed to
				any person or entity whatsoever, except authorized by the claimant or as
				otherwise provided by law.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.10 - Debt Collection Protections

Current through Register 1525, July 5, 2024
No health care provider, as defined in
				940 CMR 14.03, that
				has been given notice of the claim shall conduct any debt collection activities
				relating to medical or dental treatment received by the person in connection
				with a claim filed pursuant to M.G.L. c. 258C until an award has been made on
				the claim or until the claim has been denied.
(a) The applicant shall receive a written
			 notice promulgated by the Division for notification to medical or dental
			 service providers giving them notice that the applicant has applied for
			 compensation pursuant to M.G.L. c. 258C.
(b) The period during which the health care
			 provider shall be prohibited from conducting debt collection activities
			 pursuant to 940 CMR 14.10 shall be excluded in determining the applicable
			 limitations period for commencing an action to collect the debt.
(c) Such protections shall remain in effect
			 until the claim or expense has been denied eligibility through the program and
			 all appeals are exhausted.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 15.00 - The Sale Of Travel Services › Section 15.01 - General

Current through Register 1525, July 5, 2024
(1) Violation of
			 any provision of
			 940
			 CMR 15.00 shall be an unfair or deceptive act or
			 practice, under M.G.L. c. 93A, § 2(a).
(2) The provisions of
			 940
			 CMR 15.00 shall not apply where preempted by federal
			 law.
(3) The effective date of
			 940
			 CMR 15.00 shall be July 1, 1996.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 15.00 - The Sale Of Travel Services › Section 15.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				940
				CMR 15.00, the following words shall have the
				following meanings:
Seller of Travel Services:
a person, business
				entity, or other legal entity that sells, provides, contracts for, or arranges
				travel services, or that represents that it sells, provides, contracts for, or
				arranges travel services, including but not limited to travel agents, tour
				operators, ocean cruise companies, charter companies, providers of travel
				certificates, and operators of vacation clubs. However, the definition of
				seller of travel services does not include any person, business entity or other
				legal entity whose business is limited to providing railway service, taxi cab
				service, non-charter bus service, non-charter water ferry service, commuter
				transportation, or local sightseeing service; nor does it include any person or
				entity whose business is limited to renting, leasing or selling transportation
				vehicles; nor does it include any governmental entity.
Ticket or Voucher:
a writing or combination of
				writings sufficient to obtain the travel services for which a consumer has
				contracted or paid.
Tour Operator:
a seller of travel services that
				creates and sells travel packages, either directly to the public or indirectly
				to the public through any other seller of travel services.
Travel Agent:
a seller of travel services selling
				directly to the public, acting with or without any prior agreement as a formal
				or informal agent, booking agent, broker, sales representative, marketer or
				retailer of a travel package assembled by any other seller of travel services,
				or acting as a retailer of individual travel services.
Travel Certificate
: any writing or computerized
				document the terms of which entitle the holder to obtain travel
				services.
Travel Package:
any combination of travel services
				offered for sale as a unit, including ocean cruise services.
Travel Services:
the provision of transportation
				by air, sea, or land, or the provision of other goods or services related to
				recreational, cultural or educational travel, including but not limited to
				lodging, food, guided tours, or instruction. For the purpose of
				940
				CMR 15.00 the definition of travel services does not
				include services provided to a business traveler on a business trip.
Vacation Club
: any membership organization the
				primary purpose of which is to sell, arrange, or otherwise provide travel
				services to its members.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 15.00 - The Sale Of Travel Services › Section 15.03 - Misrepresentations Prohibited

Current through Register 1525, July 5, 2024
(1) No seller
			 of travel services may represent in any manner, either directly to the public,
			 or through any type of marketing, or through another seller of travel services,
			 that it can sell, provide, contract for, or arrange any particular travel
			 service to consumers, where the seller knows or has reason to know that:
(a) the particular travel service is not
			 available, or
(b) the seller is not
			 in a position to sell, provide, contract for or arrange the travel service as
			 represented.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 15.00 - The Sale Of Travel Services › Section 15.05 - Delivery of Tickets, Vouchers, Itineraries

Current through Register 1525, July 5, 2024
(1) A seller of travel services must deliver
			 to a consumer all tickets, vouchers, and itineraries related to the consumer's
			 purchase of travel services, or contracts or other proofs of purchase replacing
			 such tickets or vouchers, no later than seven days prior to the consumer's
			 scheduled departure date, where the consumer has made full payment of the
			 agreed upon price for the travel services at least 14 days prior to the
			 departure date. Such delivery must be made no later than three days prior to
			 departure where payment is made at least ten days prior to departure. Such
			 delivery must be made prior to departure where payment is made less than three
			 days prior to departure. For the purpose of 940 CMR 15.05(1), the date of
			 delivery of payment by a consumer is the date on which the seller receives the
			 payment or the consumer authorizes the seller to arrange to receive payment.
			 For the purpose of 940 CMR 15.05(1) the date of delivery of a ticket or voucher
			 or itinerary by a seller of travel services is the date on which the consumer
			 receives it.
(2) Whenever for the
			 purpose of a particular transaction the seller dealing directly with the
			 consumer is a travel agent, and the travel agent has not received a particular
			 ticket, voucher, or itinerary or other proof of purchase in time to comply with
			 the requirements of 940 CMR 15.05(1), the travel agent must contact the
			 consumer immediately to report this fact and must make a diligent effort to
			 obtain the undelivered document(s) as quickly as possible.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 15.00 - The Sale Of Travel Services › Section 15.06 - Seller of Travel Services Acting as Tour Operator

Current through Register 1525, July 5, 2024
Whenever for the purpose of a particular transaction a seller
				of travel services is acting as a tour operator, and the seller fails to
				provide any of the travel services that a consumer has purchased directly or
				indirectly from the seller, the seller must offer the consumer the following
				three options, and must honor the consumer's choice:
(1) the seller will refund to the consumer in
			 cash an amount equal to the fair market retail value of any undelivered,
			 purchased travel service, such cash refund not to exceed the total amount paid
			 by the consumer for the travel package, and such cash refund to be delivered
			 within 30 days of the consumer's selection of this option; or
(2) the seller will provide a specifically
			 identified substitution travel service of equal or greater fair market retail
			 value for any undelivered, purchased travel service, at no additional cost to
			 the consumer; or
(3) the seller
			 will provide a specifically identified substitute travel service of lower fair
			 market retail value for any undelivered, purchased travel service, and refund
			 to the consumer in cash an amount equal to the difference in the fair market
			 retail prices of the purchased and the substitute travel services, such cash
			 refund to be delivered within 30 days of the consumer's selection of this
			 option.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 15.00 - The Sale Of Travel Services › Section 15.07 - Seller of Travel Services Acting as Travel Agent

Current through Register 1525, July 5, 2024
Whenever for the purpose of a particular transaction a seller
				of travel services is acting as a travel agent, the seller must:
(1) disclose to the consumer, at the time the
			 consumer makes an initial payment for travel services, the manner in which the
			 seller will forward to the provider(s) of the services purchased the consumer's
			 payment, and the date by which the seller anticipates forwarding each such
			 payment; and
(2) forward all
			 consumer payments received in the manner and by the date(s) represented to the
			 consumer; and
(3) provide the
			 consumer with written verification that the seller has forwarded each consumer
			 payment received to the appropriate provider(s) of the travel services
			 purchased, within five days of forwarding any such payment; and
(4) provide the consumer with written
			 confirmation of any reservation made by the seller on the consumer's behalf
			 within two days of making any such reservation, regardless of whether any prior
			 payment for such reservation has been made.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 15.00 - The Sale Of Travel Services › Section 15.08 - Severability

Current through Register 1525, July 5, 2024
(1) If any
			 provision of
			 940
			 CMR 15.00 is held invalid, it shall not affect the
			 validity of any other provision of
			 940
			 CMR 15.00.
(2) If the application of any provision of
			 940
			 CMR 15.00 to any person or under any particular
			 circumstance is held invalid, it shall not affect the validity of the
			 application of the provision to any other person or under any other
			 circumstance.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 16.00 - Handgun Sales › Section 16.02 - Unfair or Deceptive Practices

Current through Register 1525, July 5, 2024
(1)
			 It shall be an unfair or deceptive practice for any handgun-purveyor, in
			 conjunction with the transfer (or offer to transfer) of a handgun to a consumer
			 in the Commonwealth, to fail to comply with M.G.L. c. 93A,
			 940 CMR
			 16.00
et seq.
, or any other existing
			 local, state, or federal statute, rule or regulation whose implementation
			 serves to protect consumers from unfair and deceptive practices by means
			 including, but not limited to, regulating conditions of sale, precluding the
			 sale of products when such sale will place purchasers in violation of the law,
			 demanding the disclosure of information, and ensuring the satisfactory
			 condition and non-contraband status of goods proffered for sale. Examples of
			 the above include laws, regulations, and rules that:
(a) forbid the sale of handguns to juveniles,
			 addicts, or mentally incompetent individuals,
(b) forbid the sale of silencers, armor
			 penetrating bullets, or machine-gun pistols (when possession by purchasers will
			 be unlawful),
(c) forbid
			 participation in any way in the obliteration of serial numbers from handguns
			 prior to sale,
(d) forbid the sale
			 of handguns whose serial numbers have been defaced,
(e) require sellers to keep records of
			 handgun sales,
(f) forbid sellers
			 from delivering or transporting handguns loaded, or
(g) forbid the delivery of handguns to the
			 custody of a minor.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 16.00 - Handgun Sales › Section 16.03 - Tamper-Resistant Serial Numbers

Current through Register 1525, July 5, 2024
It shall be an unfair or deceptive practice for a
				handgun-purveyor to transfer or offer to transfer to any customer located
				within the Commonwealth any handgun on which the serial number has been placed
				solely in a location on the handgun that results in the number's susceptibility
				to eradication. A serial number shall be deemed not susceptible to eradication
				for purposes of
				940 CMR
				16.00 if:
(1)
			 it is placed on the interior of the handgun, and the handgun-purveyor provides
			 information regarding the location of the interior serial number to the Office
			 of the Attorney General and other law enforcement officials upon request;
			 or
(2) it is placed on the exterior
			 of the handgun in a way that is not visible to the unaided eye, but is visible
			 with the aid of an infrared detector or other device, and the handgun-purveyor
			 provides information regarding the location of the nonvisible serial number or
			 any method by which this number can be made viewable to the Office of the
			 Attorney General and other law enforcement officials upon request.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 16.00 - Handgun Sales › Section 16.04 - Sale of Handguns Made From Inferior Materials

Current through Register 1525, July 5, 2024
It shall be an unfair or deceptive practice for a
				handgun-purveyor to transfer or offer to transfer to any customer located
				within the Commonwealth any make and model of handgun that:
(1) has a frame, barrel, cylinder, slide or
			 breechblock:
(a) composed of any metal having
			 a melting point of less than 900EF,
(b) composed of any material having an
			 ultimate tensile strength of less than 55,000 pounds per square inch,
			 or
(c) composed of any powdered
			 metal having a density of less than 7.5 grams per cubic centimeter;
			 or
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 16.00 - Handgun Sales › Section 16.05 - Sale of Handguns Without Childproofing

Current through Register 1525, July 5, 2024
(1) It shall be an unfair or deceptive
			 practice to sell a handgun without a safety device in violation of M.G.L. c.
			 140, § 131K.
(2) It shall be
			 an unfair or deceptive practice for a handgun-purveyor to transfer or offer to
			 transfer to any customer located within the Commonwealth any handgun which does
			 not contain a mechanism which effectively precludes an average five year old
			 child from operating the handgun when it is ready to fire; such mechanisms
			 shall include, but are not limited to: raising trigger resistance to at least a
			 ten pound pull, altering the firing mechanism so that an average five year old
			 child's hands are too small to operate the handgun, or requiring a series of
			 multiple motions in order to fire the handgun.
(3) It shall be an unfair or deceptive
			 practice for a handgun-purveyor to transfer or offer to transfer to any
			 customer located within the Commonwealth any handgun which does not contain a
			 load indicator or magazine safety disconnect.
(4)940 CMR 16.05(2) shall not apply to
			 handguns which have a hammer deactivation device. 940 CMR 16.05(3) applies only
			 to handguns that have a mechanism to load cartridges via a magazine.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 16.00 - Handgun Sales › Section 16.06 - Safety Warning/Disclosures

Current through Register 1525, July 5, 2024
(1)
			 It shall be an unfair or deceptive practice for a handgun-purveyor to transfer
			 or offer to transfer to any customer located within the Commonwealth any
			 handgun unless that handgun is accompanied by the following warning, provided
			 on a separate sheet of paper included within the packaging enclosing the gun,
			 which, in at least 12 point type, states the following:
"WARNING FROM THE MASSACHUSETTS ATTORNEY GENERAL: This handgun
				is not equipped with a device that fully blocks use by unauthorized users. More
				than 200,000 firearms like this one are stolen from their owners every year in
				the United States. In addition, there are more than a thousand suicides each
				year by younger children and teenagers who get access to firearms. Hundreds
				more die from accidental discharge. It is likely that many more children
				sustain serious wounds, or inflict such wounds accidentally on others. In order
				to limit the chance of such misuse, it is imperative that you keep this weapon
				locked in a secure place and take other steps necessary to limit the
				possibility of theft or accident. Failure to take reasonable preventive steps
				may result in innocent lives being lost, and in some circumstances may result
				in your liability for these deaths."
Failure to include this warning in the packaging enclosing the
				gun shall not be a violation of
				940 CMR
				16.00 if the handgun in question complies with
				940 CMR
				16.05(1)  by means of a
				built-in passive use-limitation device, including but not limited to a
				nondetachable solenoid use limitation device.
(2) It shall be an unfair or deceptive
			 practice for a handgun-purveyor to transfer a handgun directly to a retail
			 customer located within the Commonwealth without demonstrating how to load,
			 unload, and safely store the handgun, and how to engage and disengage all
			 safety devices on the handgun. This shall include an explanation of the
			 circumstances for which the safety devices are designed to prevent the firing
			 of the handgun. The handgun-purveyor shall also note for the retail customer
			 the absence, if any, of the following: a load indicator, a magazine safety
			 disconnect or an internal safety.
(3) It shall be an unfair or deceptive
			 practice for a handgun purveyor to transfer to a customer located within the
			 Commonwealth a handgun that has a barrel shorter than three inches, unless the
			 handgun purveyor discloses the limits of the accuracy of the make and model of
			 handgun for sale by providing in writing to the customer (prior to sale) the
			 make and model's average group diameter test result at seven yards, average
			 group diameter test result at 14 yards, and average group diameter test result
			 at 21 yards.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 16.00 - Handgun Sales › Section 16.07 - Transfers of Used Handguns

Current through Register 1525, July 5, 2024
(1)
								940 CMR
			 16.03 and
			 16.05(2)
			 and (3) shall not apply to the transfer of
			 (or offer to transfer) any handgun that previously has been sold at retail to a
			 consumer and that was manufactured prior to the enforcement date for those
			 provisions.
(2)
								940 CMR 16.06(3)
			  shall not apply to the transfer of (or offer
			 to transfer) any handgun that previously has been sold at retail to a consumer,
			 was manufactured prior to the enforcement date for
			 940 CMR
			 16.06(3), and for which the
			 handgun-purveyor discloses the limits of the accuracy of the specific handgun
			 for sale by providing in writing to the customer (prior to sale) the handgun's
			 average group diameter test result at seven yards, average group diameter test
			 result at 14 yards, and average group diameter test result at 21
			 yards.
(3)
								940 CMR
			 16.04(2), as it pertains to
			 any make and model prone to accidental discharge, shall not apply to the
			 transfer of (or offer to transfer) any handgun that previously has been sold at
			 retail to a consumer, was manufactured prior to the enforcement date for
			 940 CMR
			 16.04(2), and for which the
			 handgun-purveyor provides to the buyer a sworn certification that the
			 handgun-purveyor has performed the Handgun Drop Test on the handgun in question
			 in fully cocked position, and on the same handgun (or on other handguns of the
			 same make and model in similar condition) in all other hammer/striker
			 positions, and that there were no discharges during the test.
(4)
								940 CMR
			 16.04(1)  shall not apply to
			 the transfer of (or offer to transfer) any handgun that previously has been
			 sold at retail to a consumer, was manufactured prior to the enforcement date
			 for
			 940 CMR
			 16.04(1), and for which the
			 handgun-purveyor provides a sworn certification to the buyer that the specific
			 handgun purchased passed the Handgun Performance Test.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 16.00 - Handgun Sales › Section 16.08 - Severability

Current through Register 1525, July 5, 2024
If any section or subsection of
				940 CMR
				16.00 shall be held invalid, the validity of the
				remainder of
				940 CMR
				16.00 shall not be affected thereby. If the
				application of any section or subsection of
				940 CMR
				16.00 to any person or circumstance shall be held
				invalid, the applicability of such section or subsection to any other person or
				circumstance shall not be affected thereby.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 16.00 - Handgun Sales › Section 16.09 - Enforcement Dates

Current through Register 1525, July 5, 2024
940 CMR
				16.00 shall apply as follows:
(1)
								940 CMR 16.01,
			 16.02,
			 and
			 16.08, and
			 940 CMR 16.06(1) and
			 (2) shall apply to acts committed or
			 practices in force as of January 15, 1998;
(2)
								940 CMR
			 16.04 and
			 940 CMR
			 16.06(3),
			 16.07(2), (3) and
			 (4) shall apply to acts committed or
			 practices in force as of June 30, 1998; and
(3)
								940 CMR
			 16.03 and
			 16.05,
			 and
			 940 CMR 16.07(1)
			  shall apply to acts committed or practices
			 in force as of September 30, 1998.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 17.00 - Industrial Homework › Section 17.01 - Definitions

Current through Register 1525, July 5, 2024
Employer
: any person who, directly or indirectly,
				or through an employee or agent, furnishes to another person any materials or
				articles to be manufactured or worked upon in a home, and thereafter to be
				returned to himself or on his order, for use other than the personal use of
				himself or of a member of his family.
Home
: any room, house, apartment or other
				premises, whichever is most extensive, used in whole or in part as a place of
				dwelling.
Industrial homework
: any manufacture of or work
				upon materials or articles in a home for an employer, exclusive of domestic
				service.
The verb "
to manufacture
", as used in its
				different modes and tenses, includes to prepare, alter, repair or finish in
				whole or in part.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 17.00 - Industrial Homework › Section 17.02 - Wage Rages

Current through Register 1525, July 5, 2024
(1) No wage paid to
			 industrial homeworkers shall be less than the State or Federal minimum wage
			 rate, whichever is higher. This minimum rate must be paid whether the
			 industrial homeworker is paid by the hour or by the piece.
(2) Industrial homeworkers who, when
			 combining the time worked at the employer's plant or factory or place of work
			 and the homeworker's home, work over 40 hours a week for the same employer,
			 shall receive no less than time and a half their regular rate for those hours
			 worked after 40.
(3) Every employer
			 of industrial homeworkers who pays such homeworkers by the piece shall supply
			 each such person, at the time of delivery of such work to the homeworker, a
			 printed or written ticket stating the amounts paid and the basis for the
			 remuneration.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 17.00 - Industrial Homework › Section 17.03 - Employer Permit

Current through Register 1525, July 5, 2024
(1) Prior to
			 delivering or causing any material to be worked upon by an industrial
			 homeworker, the employer shall obtain an annual Employer Permit from the Office
			 of the Attorney General. An employer must submit a complete application and
			 meet the following conditions in order to receive a Permit:
(a) The employer must have a factory, plant,
			 or place of business other than the employer's own residence, in
			 Massachusetts.
(b) The employer
			 must list the names of all the homeworkers he/she intends to hire in the
			 application AND at time of renewal.
(c) The employer must pay a fee of $200.00
			 for the Employer's Permit, plus a fee of $25.00 for each application for
			 Homeworker Certificate(s), payable at the time of application.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 17.00 - Industrial Homework › Section 17.04 - Homeworker Certificate

Current through Register 1525, July 5, 2024
(1) No employee
			 shall engage in industrial homework unless the employee has obtained a
			 Homeworker's Certificate with the Office of the Attorney General.
(2) The Office of the Attorney General or its
			 representatives shall inspect the homes of first time applicants for Homeworker
			 Certificate and from time to time thereafter.
(a) The Certificate will be issued to the
			 employee upon application and receipt of the $25.00 fee from the
			 employer.
(b) No Homeworker
			 Certificate shall be issued to any person under the age of 16 years.
(c) The Homeworker Certificate is not
			 transferable to any other person.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 17.00 - Industrial Homework › Section 17.05 - Records

Current through Register 1525, July 5, 2024
(1) The employer
			 shall keep an accurate weekly record of the names and addresses of all
			 homeworkers together with the rate of pay, hours worked, type and amount of
			 work and the wages earned and paid to all such persons. Such records shall be
			 available for the inspection by the Attorney General's Office and shall be
			 maintained for a period of no less than two years.
(2) Employers shall report quarterly to the
			 Attorney General's Office, on a form provided by that Office, the homeworkers'
			 certificate numbers, the names and addresses of the homeworkers, weekly hours
			 worked, and gross weekly wages received by all the homeworkers employed to do
			 industrial homework, and shall be required to report such other information
			 relative to this subject as the Office of the Attorney General may from time to
			 time require.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 18.00 - Viatical Settlements And Viatical Loans › Section 18.01 - Purpose

Current through Register 1525, July 5, 2024
18:01: Purpose
The Attorney General promulgates
				940 CMR 18.00 relating to
				Viatical Settlements and Viatical Loans pursuant to his authority in M.G.L. c.
				93A, § 2(c).
				940 CMR 18.00 is designed to
				protect Massachusetts consumers seeking Viatical Settlements or Viatical Loans
				and to ensure that the Viatical Settlement and Viatical Loan industries operate
				fairly and honestly by means of legitimate and responsible business acts and
				practices that are neither unfair nor deceptive.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 18.00 - Viatical Settlements And Viatical Loans › Section 18.02 - Scope

Current through Register 1525, July 5, 2024
The Attorney General's regulations define unfair or deceptive
				acts or practices. They are not intended to be all inclusive as to the types of
				activities prohibited by M.G.L. c. 93A, § 2(a), and they do not legitimize
				acts not specifically prohibited by
				940 CMR 18.00.
940 CMR 18.00 shall cover any
				Viatical Settlement Company, Broker, Provider, or Representative and any
				Viatical Loan Company, Broker, Provider, or Representative, as defined herein,
				advertising or doing business within Massachusetts, regardless of whether such
				Persons or entities maintain an office in Massachusetts.