reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.21 - Right of Access

Current through Register 1525, July 5, 2024
An agency shall, within 20 days of receipt of a request, grant
				access to any data subject, to any personal data concerning him which is held
				by the agency in an indexed personal data system, except where such access is
				prohibited by statute. In addition, such data subject shall have the right to
				inspect and to copy any personal data to which he has access, subject to
				appropriate supervision. Access to personal data which is not held in an
				indexed personal data system and which is not prohibited by statute shall be
				granted by an agency to a data subject if such data subject is able to supply
				sufficient information to the agency to enable it to retrieve such personal
				data in the ordinary course.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.22 - Notification of Denial of Access to Data

Current through Register 1525, July 5, 2024
An agency shall, within 10 days of receipt of a request notify
				in writing any individual of its denial of his request for access, the reasons
				therefore, and the rights of appeal set forth in
				950 CMR
				33.23 et seq.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.23 - Objections by Data Subjects

Current through Register 1525, July 5, 2024
A data subject who objects to the collection, maintenance,
				dissemination, use, accuracy, completeness or type of personal data held
				regarding him, may file an objection with the person responsible for the
				personal data system complained against. Should that person be unavailable, the
				data subject may make his objections to the head of the agency holding the
				data.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.24 - Duties of Responsible Person on Receipt of Objection

Current through Register 1525, July 5, 2024
On receipt of an objection by a data subject, the person
				responsible for a data system shall investigate the validity of the objection.
				If, after the investigation, the objection is found to be meritorious, he shall
				correct the contents of the data or the methods for holding or the use of such
				data. If the objection is found to lack merit he shall provide the data subject
				the opportunity to have a statement reflecting views recorded and disseminated
				with the data in question. In either event he shall notify the data subject in
				writing of his decision within 30 days following receipt of the
				objection.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.25 - Appeal of Decision of Responsible Person

Current through Register 1525, July 5, 2024
Any data subject, who objects to the decision of the person
				responsible for the personal data system may appeal the matter to the
				Supervisor of Public Records. Such appeal shall be filed in writing within 30
				days of notification of the decision of the person responsible for the personal
				data system.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.26 - Supervisor of Public Records; Adjudicatory Hearings

Current through Register 1525, July 5, 2024
The Supervisor of Public Records or his designee receiving an
				appeal filed pursuant to
				950 CMR
				33.25 shall on request of the data subject
				hold an adjudicatory hearing, in accordance with the provisions of M.G.L. c.
				30A, within 30 days of the receipt of such appeal, and render a decision on the
				merits within 30 days of the conclusion of the hearing. The Supervisor of
				Public Records shall, within seven days of rendering a decision, notify the
				data subject and the person responsible for the data system of the decision and
				opportunities for further appeal.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.27 - Failure to Render a Decision

Current through Register 1525, July 5, 2024
Any failure to render a decision at any stage of the appeal
				process within the time periods provided may be treated as denial of the relief
				sought for purposes of further appeal unless the time period has been extended
				by agreement between the data subject and the person required to render the
				decision.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.28 - Judicial Relief

Current through Register 1525, July 5, 2024
No provision of these regulations shall be interpreted in such
				a way as to preclude a data subject or the Attorney General from bringing an
				action in a court of proper jurisdiction in accordance with M.G.L. c. 124,
				§ 3B.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.29 - Sanctions

Current through Register 1525, July 5, 2024
Any employee of an agency found breaching the confidentiality
				of data subjects through violation of these regulations shall be subject to
				reprimand, suspension, dismissal, or other disciplinary actions by the employer
				agency consistent with the rules and regulations of the Commonwealth governing
				its employees, and may be denied future contact with personal data and removed
				from holding responsibility.
Any agency which violates the terms of
				950 CMR 33.00 may be liable
				to individuals injured, pursuant to M.G.L. c. 214, § 3B and may be subject
				to legal action to enjoin such violations brought by the Attorney General. Any
				entity other than an agency which violates any provision of these regulations
				shall be subject to a review and an investigation by the appropriate
				administrative agency of the State Secretary's office which may lead to
				suspension of any contractual relationship and to legal sanctions brought by
				the Attorney General.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.30 - Monitoring and Enforcement

Current through Register 1525, July 5, 2024
The State Secretary, or his designee, shall be responsible for
				monitoring compliance with these regulations in cooperation with the Office of
				the Attorney General pursuant to M.G.L. c. 214, § 3B.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.31 - Filing of Notice Required by M.G.L. c. 30, Section 63

Current through Register 1525, July 5, 2024
All agencies required to file notice with the State Secretary
				under M.G.L. c. 30, § 63, shall do so on a form approved by the Supervisor
				of Public Records which form shall be attached to a be a part of
				950 CMR
				33.00.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.02 - Design

Current through Register 1525, July 5, 2024
(1) The drawing shown in Figure 1 in
			 950 CMR 34.06 shall be
			 the only authentic representation of the arms of Massachusetts. As such it
			 shall appear on the state and Governor's flags of Massachusetts, whether
			 illustrated or manufactured, and regardless of the size of the flag.
(2) The drawing shown in Figure 2 in
			 950 CMR 34.06 shall be
			 the only authentic representation of the seal of Massachusetts for use in
			 printed illustrations.
(3) The
			 drawing shown in Figure 3 in
			 950 CMR 34.06 shall be
			 the only authentic representation of the pine tree for use in the naval and
			 maritime flag of Massachusetts, whether illustrated or manufactured, and
			 regardless of the size of the flag.
(4) The reproduction of the arms on the
			 reverse of the state and Governor's flags shall be equal in quality in all
			 respects to that appearing on the obverse of those flags. Such reproduction may
			 only appear in the form represented in Figure 1 in
			 950 CMR 34.06 or as an
			 exact mirror-image of the same.
(5)
			 Illustrators and manufacturers of flags are authorized to reproduce Figures 1
			 and 3 in
			 950 CMR 34.06 in the
			 proportions given in Figures 4 and 5 in
			 950 CMR 34.06
			 respectively, by photographic or other means.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.03 - Proportions and Dimensions

Current through Register 1525, July 5, 2024
(1) Except for the
			 cases noted in 950 CMR 34.03(5), the Standard Proportions given in Figures 4
			 through 6 in
			 950 CMR 34.06 must be
			 observed for all authentic Massachusetts flags, whether illustrated or
			 manufactured in cloth, paper, or any other material, regardless of the size of
			 the flags.
(2) The ratios given in
			 Figures 4 through 6 in
			 950 CMR 34.06 are
			 expressed in terms of A, which corresponds in each case to the width of the
			 flag.
(3) All measurements in
			 Figures 4 through 6 in
			 950 CMR 34.06 apply to
			 both the obverse and the reverse of the flags in question. (NB: When the
			 obverse of the Flag is seen, the hoist is on the left; when the reverse is
			 seen, it is to the right and F and G should be measured accordingly.)
(4) All measurements apply to the finish size
			 of the flags, exclusive of any heading or sleeve at the hoistand of any fringe
			 .
(5) The Alternate Proportions
			 given in Figures 4 and 5 in
			 950 CMR 34.06 of these
			 specifications should be used only when it is necessary to manufacture a state
			 or naval and maritime flag in proportions of 2x3 or 4 a x 5 ½ for the
			 sake of uniformity with the other flags with which it will be flown. It is also
			 permissible for the height of the arms in a flag of size 4' x6' to be 31"
			 (rather than 29" high) so that its manufacture may be based on screens and
			 patterns used for flags of size 4'4"x5'6".
(6) Illustrators and manufacturers are
			 authorized to reproduce the state and naval and maritime flags in any
			 dimensions conforming to the proportions given in Figures 4 and 5 in
			 950 CMR 34.06. Exact
			 measurements based on these proportions are also given in Figures 4 and 5 in
			 950 CMR 34.06 for common
			 flag sizes .
(7) A maximum
			 tolerance of plus or minus 2% is allowable on all dimensions given in these
			 specifications.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.04 - Colors

Current through Register 1525, July 5, 2024
(1) The colors to be employed in all
			 authentic printed or manufactured reproductions of the flags, arms, and seal of
			 Massachusetts shall be as follows:
(a) The
			 state flag has a white field displaying the coat of arms, which consists of a
			 blue shield bearing a white star and a gold Indian with a gold bow and arrow.
			 The outlines on the Indian's clothing and arrow are blue. Around the shield is
			 a blue ribbon bearing the state motto in gold letters. Above the shield is a
			 gold clothed arm grasping a gold sword. The arm is set on a heraldictorse of
			 gold and blue alternating, that segment of the torsenearest the star in the
			 shield being gold. The arm and sword and the gold segment of the torsare
			 outlined in blue, or, for flags made by embroidery or applique, in gold. The
			 shield and ribbon must
not
be outlined in gold. The outlines
			 referred to in the present paragraph shall correspond to the stitching of a
			 flag made by applique or the holding line in a printed or screened
			 flag.
(b) The Governor's flag has
			 the same colors as the state flag.
(c) The naval and maritime flag has a white
			 field with a green pine tree.
(d)
			 The seal should be represented as line artwork only (exactly as it appears in
			 Figure 2 in
			 950 CMR 34.06 ), normally
			 in black or dark blue against a white background.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.05 - Accessories

Current through Register 1525, July 5, 2024
(1) State flags made for military or civil
			 parade use or office display, or for use on an automobile, may be edged with
			 gold fringe and the poles to which they are attached may be decorated with gold
			 cords and tassels and/or topped with a gold finial of the spearhead, ball, or
			 flat truck pattern only. Flags 12"x18" or smaller, permanently fixed to a
			 staff, may have the same accessories. Flags made for daily outdoor display on
			 permanent or removable poles, or for use on any vessel, and all naval and
			 maritime flags should not be fringed and should not be accompanied by cords and
			 tassels. The Governor's flag (except for use on a boat) must be edged with gold
			 fringe and the pole to which it is attached (except for use on automobile or
			 boat) must be decorated with gold cords and tassels and topped with a gold
			 spearhead finial.
(2) Each flag
			 made in the size 2'x3' or larger should bear a permanent label, sewn to or
			 stamped on the top end of the heading or sewn in side the sleeve where it may
			 be easily seen. The label must bear in letters no greater than ½" in
			 height the words MASSACHUSETTS STATE FLAG or MASSACHUSETTS NAVAL FLAG, as
			 appropriate, as well as the name of the manufacturer and the dimensions of the
			 flag in smaller letters.
(3) Each
			 flag in the size 2'x3' or larger should be individually packaged in a cardboard
			 box or plastic bag.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.06 - Figures

Current through Register 1525, July 5, 2024
Figure 1.
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				here to view image
Figure 2.
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				here to view image
Figure 3.
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Figure 4.
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				here to view image
STANDARD ALTERNATE PROPORTIONS
PROPORTIONS
LETTER
PART OF FLAG
RATIO
LETTER
TYPE I
TYPE II
A
width of flag
1
A
1
1
B
length of flag
5:3
B
3/2
33/26
C
greatest height of arms
3:5
C
3/5
3/5
D
from top of arms to top edge of flag
1:6
D
1/6
1/6
E
from bottom of arms to lower edge of
							 flag
7:30
E
7/30
7/30
F
from hoist to vertical bisector of
							 arms
7:9
F
7/10
31/52
G
from fly to vertical bisector of arms
8:9
G
4/53
5/52
STANDARD DIMENSIONS
LETTER
4"x6"
12"x18"
2'x3'
3'x5'
41/3' x 5½'
A
4"
12"
2'
3'
4'4"
B
6"
18"
3'
5'
5'6"
C
23/8"
7¼"
14.5"
21.5"
31¼"
D
¾"
2"
4"
6"
8¾"
E
7/8"
2¾"
5.5"
8.5"
12"
F
2.75"
8½"
16.75"
28"
31"
G
3.25"
9½"
19.25"
32"
35"
Figure 5.
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				here to view image
STANDARD PROPORTIONS
ALTERNATE PROPORTIONS
STANDARD DIMENSIONS
LETTER
PART OF FLAG
RATIO
RATIO
4"x6"
12"x18"
2'x3'
3'x5'
A
width of hoist
1
1
4"
12"
2'
3'
B
length of fly
5:3
3:2
6"
18"
3'
5'
C
greatest height of tree
3:4
3:4
3"
9"
18"
27"
D
from top of tree to top edge of flag
1:8
1:8
½"
1½"
3"4
½"
E
from bottom of tree to lower edge of
							 flag
1:8
1:8
½"
1½"
3"
4½"
F
from hoist to vertical bisector of
							 tree
7:9
7:10
2¾"
8½"
17"
28"
G
from fly to vertical bisector of tree
8:9
4:53
¼"
9½"
19"
32"
Figure 6.
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				here to view image
STANDARD PROPORTIONS
STANDARD DIMENSIONS
LETTER
PART OF FLAG
RATIO
LETTER
AUTOMOBILE FLAG
OFFICE AND PARADE FLAG
A
width of hoist
1
A
12"
43"
B
length of fly
3:2
B
18"
64.5"
C
greatest height of arms
1:2
C
6"
21.5"
D
from top of hoist to horizontal bisector of
							 arms
1:2
D
6"
21.5"
E
from bottom of hoist to horizontal bisector of
							 arms
1:2
E
6"
21.5"
F
from hoist to vertical bisector of
							 arms
1:3
F
4"
14.25"
G
from point of fly to vertical bisector of
							 arms
7:6
G
14"
50.25"
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.07 - Authority

Current through Register 1525, July 5, 2024
950 CMR 34.07 through
				34.14
				is hereby issued by the Secretary of the Commonwealth pursuant to the authority
				of M.G.L. c. 2, § 5 (1986 ed.).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.08 - Scope and Purpose

Current through Register 1525, July 5, 2024
These regulatory provisions shall be construed to ensure the
				proper use and display of the flags, coat of arms and seal of the
				Commonwealth.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.09 - Definitions

Current through Register 1525, July 5, 2024
Coat of Arms
means the coat of arms of
				the Commonwealth as described in M.G.L. c. 2, § 1 (1986 ed.) and 950 CMR.
				34.01(1)(a).
Flags
means the flag of the
				Commonwealth as described in M.G.L. c. 2, § 3 (1986 ed.) and 950 CMR.
				34.01(1)(c), the naval and maritime flag of the Commonwealth as described in
				M.G.L. c. 2, § 3 (1986 ed.) and
				950 CMR
				34.01(1)(c), and the flag of
				the governor of the Commonwealth as described in M.G.L. c. 2, § 4 (1986
				ed.) and
				950 CMR
				34.01(1)(d).
Governmental Entity
means the
				Judiciary, the General Court, any authority established by the General Court to
				serve a public purpose and any department, office, commission, committee,
				council, board, division, bureau or other agency within the Executive Branch of
				the Commonwealth or any of its political subdivisions.
Seal
means the seal of the
				Commonwealth as described in M.G.L. c. 2, § 2 (1986 ed.) and
				950 CMR
				34.01(1)(b).
Secretary
means the Secretary of the
				Commonwealth, who is custodian of the flags, coat of arms and seal by the
				authority of M.G.L. c. 2, § 5 (1986 ed.), or his designated
				representative.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.10 - General Provisions

Current through Register 1525, July 5, 2024
(1) All
			 communications regarding the appropriate display or uses of the flags, coat of
			 arms or seal shall be addressed or delivered to:
Click to
				view image
(2)
			 The office will be open from 8:45 a.m. to 5:00 p.m. each weekday except
			 Saturdays, Sundays and legal holidays .
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.11 - Appropriate Displays of the Flags, Coat of Arms and Seal

Current through Register 1525, July 5, 2024
(1) The following displays of the flags, coat
			 of arms and seal are appropriate:
(a) Display
			 of the flags by any person so long as the display is not for a prohibited use
			 listed in
			 950 CMR
			 34.12(1)(a) through (c), and
			 provided that the display allows the flags to fall freely. Additionally, in a
			 vertical display, the flags must be displayed in a position which is beneath
			 the flag of the United States of America and above all other flags or pennants.
			 In a horizontal display, the flags must be displayed to the left (anobserver's
			 right) of the flag of the United States of America.
(b) Display of the coat of arms on any
			 official document, building, monument, equipment or structure of any
			 governmental entity. The coat of arms may also be displayed on the stationery,
			 business card or badge of any regular employee of a governmental
			 entity.
(c) The Secretary, and any
			 other official of a governmental entity who is specifically authorized by
			 statute, may use the seal to authenticate official documents. The seal may also
			 be displayed on any building, monument, equipment or structure of any
			 governmental entity, and may be displayed during an event sponsored by a
			 governmental entity.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.12 - Prohibited Use of the Flags, Coat of Arms and Seal

Current through Register 1525, July 5, 2024
(1) The following uses of the flags, coat of
			 arms and seal are prohibited:
(a) Commercial:
			 which shall include any display on any product which is offered for sale or as
			 an inducement for the purchase of goods or services.
(b) Advertising: which shall include any
			 display which is intended to induce the purchase of goods or
			 services.
(c) Misrepresenting the
			 Law Enforcement Authority of a Governmental Entity: which shall include the
			 display in a manner which incorrectly suggests that a person is acting on
			 behalf of a law enforcement component of a governmental entity.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.13 - Advisory Opinions

Current through Register 1525, July 5, 2024
The Secretary shall receive requests for advisory opinions
				regarding the appropriateness of an intended use or display of the flags, coat
				of arms or seal. All requests shall be made in writing and may be submitted
				inperson or by mail. All requests shall provide a reasonable description of the
				intended use or display of the flags, coat of arms or seal in sufficient detail
				to allow the Secretary to consider the appropriateness of such intended use or
				display. Advisory opinions shall be issued by the Secretary in a timely
				fashion.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 34.00 - Commonwealth Of Massachusetts Flags, Arms And Seal Specifications › Section 34.14 - Complaints, Investigations and Orders

Current through Register 1525, July 5, 2024
(1)
			 The Secretary shall receive signed, written complaints which allege improper
			 uses or displays of the flags, coat of arms or seal. The Secretary shall, upon
			 request, keep the identity of the complainant confidential.
(2) The Secretary shall conduct an
			 investigation to determine the validity of all complaints received. The
			 Secretary may call a conference at any time during the investigation to allow
			 the complainant or alleged offender to present evidence. Upon completion of the
			 investigation, the Secretary shall issue written findings to the complainant
			 and alleged offender.
(3) Where the
			 Secretary finds the complaint to be valid, he shall order the offender to
			 discontinue the prohibited use or display immediately and to provide a written
			 statement indicating that the improper use or display has been discontinued.
			 The Secretary may request the Attorney General to take any appropriate measures
			 to secure enforcement of the order.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 38.00 - Access To Fragile Records › Section 38.01 - Authority

Current through Register 1525, July 5, 2024
950 CMR
				38.00 is hereby issued by the Archivist of the
				Commonwealth under the authority of M.G.L. c. 9, § 2, and St. 1987, c.
				457, as most recently amended.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 38.00 - Access To Fragile Records › Section 38.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
950 CMR
				38.00 shall be construed to apply to all records in
				the custody of the Archives of the Commonwealth and all requests for access
				regardless of source.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 38.00 - Access To Fragile Records › Section 38.03 - Definitions

Current through Register 1525, July 5, 2024
As used in
				950 CMR
				38.00:
Archives
means the Archives of the
				Commonwealth.
Archivist
means the Archivist of the
				Commonwealth.
Fragile
means the condition where
				ordinary use would result in a loss of discrete information or artifactual
				integrity.
Ordinary use
means the application of
				a record in the manner for which it was created.
Preservation
means the processes and
				activities used to enhance the longevity and utility of records.
Records
means all documentary
				materials, data, or objects, regardless of source, vintage, physical form or
				characteristics.
Reformat
means the process of
				duplicating a record in another medium to maximize the accessibility of the
				information and the preservation of the original record in which it is
				contained.
Reformatted copy
means the duplicate
				that results from the reformatting of an original record.
Restoration
means the process by which
				records are returned to a condition where they can undergo ordinary use without
				loss of discrete information or artifactual integrity.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 38.00 - Access To Fragile Records › Section 38.04 - Obligations of the Archivist as Custodian

Current through Register 1525, July 5, 2024
Custodial Obligations
. The Archivist
				shall balance the dual statutory requirements of preservation and access in
				managing records in the custody of the Archives. The Archivist shall meet the
				obligation to:
(a)
Preserve Records
. The Archivist shall preserve the
			 records in the custody of the Archives. Such preservation activities shall
			 include, but not be limited to, the provision of secure storage to preserve
			 records from fire, theft, and other hazards, the prevention of mutilation of
			 records, the establishment of a plan for disaster preparedness and recovery,
			 and an ongoing program to enhance the longevity and utility of
			 records.
(b)
Provide
			 Access to Records
. The Archivist shall permit the inspection and
			 copying of records in the custody of the Archives, subject to the limitations
			 expressed in
			 950 CMR
			 32.00,
			 950 CMR 38.05,
			 and
			 950 CMR
			 38.06.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 38.00 - Access To Fragile Records › Section 38.05 - Preferential Use

Current through Register 1525, July 5, 2024
(1)
Use
			 of Records
. To preserve original records, the Archivist shall
			 require access to reformatted copies wherever they exist in preference to
			 original records.
(2)
Exceptions
. Original records may be used even where
			 reformatted copies are available under the following circumstances:
(a) the type of research undertaken by the
			 requester encompasses the study of the record format and the reformatted copy
			 does not adequately reproduce the original format for the purposes of the
			 research;
(b) the intrinsic value
			 of the record cannot be duplicated in a reformatted copy.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 38.00 - Access To Fragile Records › Section 38.06 - Restrictions on Access to Fragile Records

Current through Register 1525, July 5, 2024
(1)
Denial of Access
. The Archivist shall deny access to
			 fragile records. In denying access, the Archivist shall inform the requester of
			 the reasons for denial and shall make an effort to assist the requester to
			 locate alternate sources of records or information.
(2)
Remedy
. If
			 access to a fragile record is denied, the Archivist shall establish a plan to:
(a) determine the restoration needs of the
			 record, which may include reformatting;
(b) identify the process by which those needs
			 shall be met;
(c) set a time line
			 for the accomplishment of the restoration activities and the opening of access
			 to the original record or to the reformatted copy.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 39.00 - Regulations On Using Microfilm › Section 39.01 - Scope

Current through Register 1525, July 5, 2024
950 CMR 39.00 shall apply to
				all records defined as public records by M.G.L. c. 4, § 7, clause 26,
				M.G.L. c. 66. The purpose of
				950 CMR 39.00 is to ensure
				that microfilmed copies of public records have a life expectancy equal to or
				greater than the retention period assigned to the original record.
The minimum standards set out in
				950 CMR 39.00 shall be
				adhered to in all microfilm applications for records the retention of which has
				been designated as more than 15 years by the Records Conservation Board for the
				records of the Commonwealth and by the Supervisor of Public Records for the
				records of counties, cities and towns, and to all records for which retention
				periods have not been assigned. No records shall be destroyed after
				microfilming without the written permission of the Records Conservation Board
				or the Supervisor of Public Records, as appropriate.
950 CMR 39.00 shall apply to
				all in-house preparations of such records, as well as to work contracted with
				microfilm service bureaus. It is the responsibility of the contracting agency
				to inform the microfilm service bureau of the requirements of
				950 CMR 39.00.
It is recommended that records with a retention period of less
				than 15 years be microfilmed on base stock and processed in such a manner as
				required herein for long-term records. However, for economic reasons and for
				certain systems applications, other film types may be better suited for
				microforms containing short-term records; care should be taken that these film
				types are used and processed so as to provide a life expectancy equal to or
				greater than the retention period of the record. All filming and processing
				shall be in accordance with manufacturers' specifications and all applicable
				ANSI and ISO standards. Microfilm of short-term records shall be stored under
				the conditions prescribed in the appendix to ANSI IT9.2.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 39.00 - Regulations On Using Microfilm › Section 39.02 - Incorporation by Reference

Current through Register 1525, July 5, 2024
The following standards of the American National Standards
				Institute (ANSI)and the International Organization for Standardization (ISO)
				contain provisions that, by reference in this text, constitute provisions of
				950 CMR 39.00. These
				standards are subject to revision. Where a standard has been revised, the most
				current revision shall apply.
ANSI PH 1.25
Photography (Film) - Safety
				Photographic Film
ANSI/NAPM IT 9.1
Imaging Media (Film) - Silver
				Gelatin Type - Specifications for Stability
ANSI PH 1.43
Photography (Film) - Processed
				Safety Film - Storage
ANSI PH 1.51
Photographic Film - Micrographic
				Sheet and Roll Films - Dimensions
ANSI PH 2.51
American National Standard for
				Photography (Film) - Source Document Microfilms -Determination of ASA Speed and
				Average Gradient
ANSI IT 9.2
Photography (Processing) -
				Processed Films, Plates and Papers - Filing Enclosures and Containers for
				Storage
ANSI PH 4.8
Photography (Chemicals) - Residual
				Thiosulfate and Other Chemicals in Films, Plates and Papers - Determination and
				Measurement
ANSI/ISO 3334
Micro copying - ISO Test Chart
				No.2 - Description and Use in Photographic Documentary Reproduction
ANSI/AIIM MS 1
Recommended Practice for
				Alphanumeric Computer-Output Microforms -Operational Practices and Quality
				Control
ANSI/AIIM MS 5
Micrographics -
				Microfiche
ANSI/AIIM MS 14
Specifications for 16 and 35
				mm Microfilms in Roll Form
ANSI/AIIM MS 17
Test Chart for Rotary
				Microfilm Cameras
ANSI/AIIM MS 18
Splices for Imaged Film -
				Dimensions and Operational Constraints
ANSI/AIIM MS 19
Recommended Practice for
				Identification of Microforms
ANSI/AIIM MS 23
Practice for Operation
				Procedures/Inspection and Quality Control of First-Generation, Silver-Gelatin
				Microfilm of Documents
ANSI/AIIM MS 35
Recommended Practice for the
				Requirements and Characteristics of Original Documents to be Microfilmed
ANSI/AIIM MS 37
Recommended Practice for Micro
				photography of Cartographic Materials
ANSI/AIIM MS 43
Recommended Practice for
				Operational Procedures/Inspection and Quality Control of Duplicate Microforms
				of Documents and from COM
ANSI/AIIM MS 45
Recommended Practice for
				Inspection of Stored Silver Gelatin Micro- forms for Evidence of
				Deterioration
ANSIZ 39.32
Information on Microfiche
				Headings
ANSI/NFPA 232
Protection of
				Records
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 39.00 - Regulations On Using Microfilm › Section 39.03 - Definitions

Current through Register 1525, July 5, 2024
Definitions appropriate to
				950 CMR 39.00 can be found in
				the Association of Information and Image Management publication,
Glossary of Micrographics
, TR-2-1992, or the latest revision
				thereof.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 39.00 - Regulations On Using Microfilm › Section 39.04 - Film Base Materials

Current through Register 1525, July 5, 2024
(1)
Original film
. All microfilm records regulated by
			 950 CMR 39.00 shall be
			 generated on polyester-base silver gelatin-type film. All such film shall
			 conform to the standards set forth in the American National Standards Institute
			 publication,
Specifications for Safety Photographic Film
, ANSI
			 PH 1.25. Such film shall comply with the minimum standards of quality for film
			 rated LE-500 described in
Imaging Media (Film ) - Silver-G elatin Type
			 - Specifications for Stability
, ANSI/NAPM IT 9.1.
(2)
Duplicates
. The
			 original, or first generation silver film shall be maintained for security
			 purposes and not for reference. At least one duplicate copy of all records
			 filmed shall be prepared for reference purposes. For records having a permanent
			 retention period or for records for which a retention period has not been
			 assigned, a duplication master shall be produced from the master negative.
			 Duplicate copies for reference or additional duplicate copies for security may
			 be of the diazo, silver halide or vesicular composition. Duplicates shall be
			 commensurate in quality with the original and shall comply with the minimum
			 standards set forth in
Recommended Practice for Operational
			 Procedures/Inspection and Quality Control of Duplicate Microforms of Documents
			 and from COM
, ANSI/AIIM MS 43.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 39.00 - Regulations On Using Microfilm › Section 39.07 - Inspection

Current through Register 1525, July 5, 2024
Regular procedures for the periodic inspection of film shall be
				followed. These procedures are the responsibility of the custodian of the
				records, except that the State Records Center will have the responsibility for
				inspecting the film stored in its vault.
(1)
Inspection
			 Procedure
. At approximately two-year intervals, a randomly
			 selected sample of one hundred microforms (i.e., rolls, fiche, aperture cards,
			 etc.) or one tenth of one percent of the collection, whichever is greater,
			 shall be inspected. For any collection of less than 100 microforms of
			 microfilm, the entire collection must be inspected. For each biennial
			 inspection a different lot sample shall be chosen, allowing some overlapping to
			 note any changes in previously inspected samples.
Sampling and inspection shall be as described in
Recommended Practice for Inspection of Stored Silv er-Gelatin
				Microforms for Evidence of Deterioration
, ANSI/AIIM MS 45.
The film shall be inspected for microbial growths, residual
				processing chemicals, excessive brittleness, film curl or discoloration,
				evidence of separation of the emulsion from the base ("blocking or fused
				film"), adhesion of the emulsion, base shrinkage and the presence of redox
				blemishes. A re-reading of resolution test targets and a remeasurement of the
				film density shall be made. Cans, boxes or reels used to store the film shall
				also be inspected for evidence of rust, corrosion and other
				deterioration.
Additional samples of any lot of film rated as in fair
				condition shall be inspected and the entire lot of any film rated as poor or
				bad shall be inspected.
(2)
Inspection Reports
. On the basis of inspections,
			 reports shall be prepared and filed regularly with the Supervisor of Public
			 Records. Reports shall include:
(a) quantity
			 and identity of microfilm on hand;
(b) quantity and identity of microfilm
			 inspected;
(c) condition of the
			 microfilm;
(d) corrective action
			 required if necessary.
In the case of film stored at the State Records Center, the
				State Records Center shall report to the agency having custody, the condition
				of any of its film that has been inspected.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 41.00 - Gravestone Restoration And Reproduction › Section 41.01 - Rules

Current through Register 1525, July 5, 2024
(1) Permits to restore and reproduce
			 gravestones under the provisions of St. 1973, c. 448 shall be issued by the
			 Secretary of the Commonwealth after he shall have satisfied himself that the
			 proposals for such restoration and/or reproduction meet the standards of
			 educational value, community interest, and professional competence. In making
			 this determination the Secretary may call upon the assistance of the staff and
			 members of the Massachusetts Historical Commission, also staff members of local
			 Historical Commissions, local Historical District Commissions, and local,
			 regional, state-wide and national historical and other learned societies and
			 individuals whose expertise he may deem relevant.
(2) Reproduction of gravestones may only be
			 done for historical purposes by non-profit organizations.
(3) Request for a permit must be submitted
			 upon application form and shall give a detailed plan of the gravestone
			 restoration project.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 41.00 - Gravestone Restoration And Reproduction › Section 41.02 - Application for Permit to Restore and Reproduce Gravestones

Current through Register 1525, July 5, 2024
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				here to view image
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				here to view image
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				here to view image
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Definitions
. Terms shall have the meanings provided in
			 M.G.L. c. 50, § 1. In addition:
Audited Precinct
shall mean any
				precinct selected under M.G.L. c. 54, § 109A(c) to be audited.
Local Election Official
shall mean a
				city or town clerk, members of the boards of registrars or election
				commissioners.
Secretary
shall mean the Secretary of
				the Commonwealth or his or her designee.
(2)
Application
. The
			 procedures set forth in 950 CMR 46.00 shall apply to the administration of
			 audits conducted following any presidential general election, except to the
			 extent provided otherwise.
(3)
Amendment
. 950 CMR 46.00 may be amended at any time in
			 the manner provided by law. Any interested person may petition the Secretary
			 requesting the adoption, amendment, or repeal of any regulation, under M.G.L.
			 c. 30A, § 4. This petition shall be considered by the Secretary within 30
			 days after filing.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.02 - Scope of Audit

Current through Register 1525, July 5, 2024
(1) Each precinct
			 selected pursuant to M.G.L. c. 54, § 109A(c) shall conduct a hand-counted
			 audit of votes cast on the day of election of:
(a) the following races in which more than
			 one candidate's name appears on the ballot:
1.
			 president and vice president;
2.
			 representative in congress;
3.
			 senator in congress;
4.
			 representative in the general court; and
5. senator in the general court.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.03 - Selection Process and Notification

Current through Register 1525, July 5, 2024
(1) The
			 precincts to be audited shall be chosen in a random, publicly verifiable,
			 noncomputerized drawing supervised by the Secretary within 48 hours after polls
			 are closed.
(2) Notice of the time
			 and place of the drawing shall be given at least ten days before the election
			 on the electronic website of the Secretary.
(3) The drawing shall be fully observable to
			 the public and representatives of each political party and shall use a
			 procedure that can be easily understood to be random.
(4) The number of precincts selected to be
			 audited in this drawing shall be equal to 3% of all precincts in the
			 commonwealth, rounded up to the next highest whole number.
(5) As soon after the drawing as is
			 practicable, the Secretary shall notify the municipalities where one or more
			 precincts have been selected to be audited and post the selected precincts on
			 the website of the Secretary.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.04 - Administration of Audit

Current through Register 1525, July 5, 2024
(1)
Notice
. The time and place of the audits in a
			 municipality where one or more precincts selected to be audited are located
			 shall be publicly announced no less than 24 hours prior to the commencement of
			 the audit.
The local election official shall notify the Secretary of the
				time and place of the audit no less than 24 hours prior to the commencement of
				the audit.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.05 - Conduct of the Audit

Current through Register 1525, July 5, 2024
(1)
Selected Precincts
. The board of registrars or
			 election commission in a municipality where one or more precincts selected to
			 be audited are located shall conduct the audit.
The board of registrars or election commission may employ tally
				clerks to count the ballots.
(2)
Timing
. Audits
			 shall begin not later than two business days following the random drawing of
			 precincts and shall continue on each successive business day or other day at
			 the discretion of the board or commission in each municipality.
(3)
Location
. The
			 audits shall be shall be performed:
(a) In an
			 accessible location; and
(b) In
			 full public view.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.06 - Post-audit Procedures

Current through Register 1525, July 5, 2024
(1) When the audit
			 is complete, the board or commission shall enclose all the ballots in their
			 proper envelopes or containers, secure each envelope or container with a seal
			 and certify upon each envelope or container that it has been opened and again
			 sealed in conformity to law.
(2)
			 Upon completion of the audit in each municipality, the board of registrars or
			 election commission shall record each race audited in each precinct on a
			 separate audit report form provided by the Secretary.
(3) The registrars or commissioners shall
			 submit the completed audit report forms to the Secretary not later than 14
			 calendar days following the election.
(4) An audit report form shall provide for
			 the entry of:
(a) the number of votes for each
			 candidate or each yes and no vote and the blank votes and over-votes as
			 recorded in the audit hand count;
(b) the election night tallies reported for
			 each candidate or each yes and no vote and the blank votes for the same ballots
			 that were counted in the audit;
(c)
			 the differences between the audit hand count results and the election night
			 tallies for each candidate, yes and no question and blank votes excepting the
			 overvotes;
(d) the number of votes
			 for each contest for which voter intent is discernible but that are not marked
			 by the voter according to the instructions provided to the voters under M.G.L.
			 c. 54, § 48 and any explanatory notes related thereto; and
(e) any additional notes on perceived causes
			 of discrepancies.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.07 - Post-audit Amendment

Current through Register 1525, July 5, 2024
If there is a discrepancy between the results reached pursuant
				to an audit and originally reported tallies, the hand count of the official
				paper ballots conducted pursuant to the audit shall be the official vote of
				record and the board of registrars or election commission shall amend each
				precinct tally sheet, official return book and check list delivered to the
				office of the registrars.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 46.00 - Post-Election Audits › Section 46.08 - Possible Additional Audits

Current through Register 1525, July 5, 2024
(1) If there is a
			 discrepancy between the results reached in a precinct pursuant to an audit and
			 the originally reported tallies in that precinct in any audited race or any
			 audited ballot question that reasonably leads to doubt about the outcome of the
			 election or systemic failure to accurately count ballots, the Secretary may
			 order audits of additional precincts, offices or ballot questions as shall be
			 necessary to ensure that the outcome of the election is accurate and that the
			 cause of the systemic failure is identified.
(2) Any additional precinct audits ordered by
			 the Secretary shall be performed and completed according to a schedule and
			 notice set by the Secretary and conducted in the same manner set out in 950 CMR
			 46.00.