reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions › Section 11.07 - Effect of an Advisory Opinion

Current through Register 1525, July 5, 2024
(1)
			 The Commission's issuance of an advisory opinion shall, in any Commission
			 proceeding, provide a defense to a person or entity that acted in accordance
			 with that opinion, where:
(a) The
			 circumstances at issue in the Commission proceeding are not materially
			 different than those upon which the advisory opinion was based;
(b) The person or entity has not acted
			 inconsistently with
			 555
			 CMR 11.03(5); and
(c) The person or entity has not failed to
			 comply with an obligation under
			 555
			 CMR
			 11.03(6).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions › Section 11.08 - Representation by an Attorney at Law

Current through Register 1525, July 5, 2024
(1)
			 Any action that
			 555 CMR
			 11.00 contemplates being taken by a petitioner may be
			 taken on a petitioner's behalf by an attorney at law representing the
			 petitioner in relation to the matter.
(2) Where a petitioner, another person, or
			 another entity is represented by an attorney at law in relation to a petition,
			 any communication between the Commission and that petitioner, person, or entity
			 should be made through the attorney, unless the attorney authorizes otherwise
			 in writing.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 2.00 - Standards For Enhanced 911 › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 6A, § 18B, 560 CMR 2.00 sets forth rules governing the implementation and administration of the Enhanced 9-1-1 service throughout the Commonwealth of Massachusetts.
The Board has established technical and operational Standards set forth in Appendix A of 560 CMR 2.00, hereinafter referred to as "Standards", for the establishment of Public Safety Answering Points which utilize Enhanced 9-1-1 network features in accordance with M.G.L. c. 166, §14A and c. 6A, §§ 18C and 18D. Municipalities shall comply with such Standards in the design, implementation and operation of Public Safety Answering Points. The Board may inspect each Public Safety Answering Point which utilizes Enhanced 9-1-1 network features to determine if it meets the requirements of the General Laws and 560 CMR 2.00 and all other technical and operational Standards set forth in 560 CMR 2.00 and Appendix A.
Appendix A is incorporated by reference into 560 CMR 2.00 as if set forth in full. The Board may change, revise, amend or supplement Appendix A whenever the Board believes such action is necessary. Appendix A is not reprinted here but is available by contacting the Commonwealth of Massachusetts State 911 Department.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 3.00 - Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
560 CMR 3.00 establishes an equitable and reasonable method for the remittance and collection of a surcharge on prepaid wireless telephone service.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 3.00 - Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service › Section 3.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
560 CMR 3.00 applies to all prepaid wireless telephone service capable of accessing and utilizing enhanced 911 service on or after July 1, 2009.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 3.00 - Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service › Section 3.04 - Surcharge

Current through Register 1525, July 5, 2024
On or after July 1, 2009, there shall be imposed on each subscriber, end user, or customer of prepaid wireless telephone services whose communications services are capable of accessing and utilizing an enhanced 911 system, a surcharge for expenses associated with services provided under M.G.L. c. 6A, §§ 18A through 18J, and M.G.L. c. 166, §§ 14A and 15E, in the amount of .75 cents per month through June 30, 2015; $1.25 per month commencing July 1, 2015 through July 1,2016; $1.00 per month effective July 1,2016; $1.50 per month effective January 1,2019, and $1.00 per month effective January 1, 2024.
The surcharge shall apply to any and all prepaid wireless telephone services or minutes, whether such services or minutes are included with the initial purchase or receipt of a wireless telephone or other device or are recorded on a wireless telephone or other device by the purchase of a calling card, through an internet transaction, by means of a wireless communication directly to the subscriber, end user, or customer's wireless telephone or other device, by means of services supported by a universal service fund, or by any other means.
The surcharge shall apply to all sales by a prepaid wireless telephone service provider at retail or wholesale and shall include the resale of services by a prepaid wireless telephone service provider who purchases telecommunications services from another telecommunications service provider and then resells the services, or uses the services as a component part of, or integrates the purchased services into a wireless telecommunications service.
The surcharge shall not be subject to sales or use tax.
The surcharge shall be subject to adjustment in accordance with M.G.L. c. 6A, § 18H.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 3.00 - Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service › Section 3.05 - Calculation and Remittance of the Surcharge

Current through Register 1525, July 5, 2024
Each prepaid wireless telephone service provider shall:
(1) collect the surcharge on a monthly basis from each subscriber, end user, or customer; or
(2) calculate and remit the total surcharge owed for the month by:
(a) dividing its total Massachusetts revenue for prepaid wireless telephone service for the month by its national average revenue per user for prepaid wireless telephone service; and
(b) multiplying the result by .75 cents through June 30, 2015; multiplying the result by $1.25 through June 30, 2016; multiplying the result by $1.00 commencing July 1, 2016; multiplying the results by $1.50 commencing January 1, 2019, and multiplying the result by $1.00 commencing January 1, 2024.
The total Massachusetts revenue shall include universal service fund reimbursements or any payments received by a prepaid wireless telephone service provider in exchange for delivery of services to the subscriber, end user, or customer.
Regardless of the method of collection, each prepaid wireless telephone service provider shall remit the surcharge on a monthly basis to the department not later than 30 days from the end of the month in which it is collected or for which it is calculated.
Regardless of the method of collection, each prepaid wireless telephone service provider shall be permitted to deduct from the surcharge remittance an administrative fee not to exceed 1% of the monthly surcharge revenue for administration costs to cover the expenses of calculating and remitting the surcharge during the preceding month.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 3.00 - Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service › Section 3.06 - Reports and Recordkeeping

Current through Register 1525, July 5, 2024
Each prepaid wireless telephone service provider shall submit to the department and the department of telecommunications and cable on a form prescribed by the department information on its business entity, including name, business address, and the telephone number, fax number, and e-mail address of a contact person for such prepaid wireless telephone service provider and for any preparer of any report on behalf of such prepaid wireless telephone service provider. Each prepaid wireless telephone service provider shall update this information annually.
Each prepaid wireless telephone service provider shall report to the department on a monthly basis on a form prescribed by the department the total surcharge revenues calculated, collected, and remitted from its subscribers, end users, or customers consistent with the provisions of 560 CMR 3.05 during the preceding month; the calculation used to arrive at the amount of the surcharge remittance; the total uncollected surcharge revenues from its subscribers, end users, or customers during the preceding month, if applicable; the calculation used to arrive at the uncollectible surcharge amount, if applicable; and the total amount billed for administration costs to cover the expenses of calculating and remitting the surcharge during the preceding month, if any.
Each prepaid wireless telephone service provider shall provide to the department such additional information as may be reasonably requested by the department.
Each prepaid wireless telephone service provider shall maintain, and shall make available to the department for inspection, its books and records in a manner that will permit the department to determine whether the prepaid wireless telephone service provider has complied with or is complying with the provisions of 560 CMR 3.00.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 3.00 - Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service › Section 3.07 - Information Disclosure Requirements

Current through Register 1525, July 5, 2024
Each prepaid wireless telephone service provider shall, to the extent that such information is available to the prepaid wireless telephone service provider, forward to any PSAP or any other answering point equipped for enhanced 911 service, or upon request consistent with federal law, to the department, the telephone number and street address or location of any telephone used to place a 911 call, and any other data or information required by the FCC to be transmitted to a PSAP.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 3.00 - Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service › Section 3.08 - Enforcement

Current through Register 1525, July 5, 2024
The Attorney General may, at the request of the department or on the Attorney General's own initiative, institute civil proceedings to enforce the provisions of 560 CMR 3.00.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 3.00 - Establishing an Equitable and Reasonable Method for the Remittance and Collection of a Surcharge on Prepaid Wireless Telephone Service › Section 3.09 - Severability

Current through Register 1525, July 5, 2024
If any provision of 560 CMR 3.00, or the application thereof, is held, adjudged, or deemed invalid, such finding of invalidity shall not affect other provisions or application, and to that end the provisions of 560 CMR 3.00 are severable.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 4.00 - Regulations Governing Enhanced 911 Service For Multi-line Telephone Systems › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 560 CMR 4.00 is to establish regulations to carry out the provisions of M.G.L. c. 6A, §18J to require that, beginning July 1, 2009, any new or substantially renovated multi-line telephone system shall provide the same level of enhanced 911 service that is provided to others in the commonwealth.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 4.00 - Regulations Governing Enhanced 911 Service For Multi-line Telephone Systems › Section 4.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
560 CMR 4.00 applies to all new or substantially renovated multi-line telephone systems beginning July 1, 2009.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 4.00 - Regulations Governing Enhanced 911 Service For Multi-line Telephone Systems › Section 4.04 - Standards Governing Multi-line Telephone Systems

Current through Register 1525, July 5, 2024
Beginning July 1, 2009, all new or substantially renovated multi-line telephone systems and multi-line telephone system operators shall provide to end users or subscribers the same level of enhanced 911 service that is provided to other end users or subscribers in the commonwealth. The service shall include, but not be limited to:
(a) ALI and ANI that meets, at a minimum, the applicable standards as defined in 560 CMR 4.00;
(b) a call back number as defined in 560 CMR 4.00; and
(c) dispatchable location information as defined in 560 CMR 4.00.
For structures or buildings located in the commonwealth, such information shall be transmitted to the appropriate jurisdictional PSAP. A person engaged in owning, managing, configuring or operating a multi-line telephone system that provides outbound dialing capability or access shall configure the system to allow a person initiating a 9-1-1 call on the system to directly access 9-1-1 service by dialing in order the digits 9, 1, and 1 without an additional code, digit, prefix, postfix, or trunk-access code. All non-compliant devices that provide outbound dialing capacity or access must have immediately adjacent to, and optionally on, the device an instructional sticker instructing the user how to access 9-1-1 service. The instructional sticker must be printed in at least 12-point boldface type, in a contrasting color using a font that is easily readable, and is written in English and Spanish.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 4.00 - Regulations Governing Enhanced 911 Service For Multi-line Telephone Systems › Section 4.05 - ALI Database Maintenance

Current through Register 1525, July 5, 2024
Each operator of a multi-line telephone system shall update the ALI Database, through the local municipal coordinator, database liaison or PSALI provider or comparable provider, to update the NG911 equivalent of the ALI Database that is known as the Location Database (LDB). Each time a fixed device is moved from its location to another, the operator shall notify the local municipal coordinator, database liaison or PSALI provider or comparable provider, who shall then update the LBD as soon as practicable for new multi-line telephone systems or within one business day following completion of the relocation of an existing multi-line telephone system device. To the extent that the operator of a multi-line telephone system assigns the direct inward dialing number of the station or ERL as the ALI Database record indicator, updates to the ALI Database shall match the direct inward dialing number ALI Database record indicator. The updates shall provide valid address and callback information for such multi-line telephone system.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 4.00 - Regulations Governing Enhanced 911 Service For Multi-line Telephone Systems › Section 4.06 - Recordkeeping and Enforcement

Current through Register 1525, July 5, 2024
Each operator of a multi-line telephone system shall maintain, and shall make available to the Department for inspection, its books and records in a manner that will permit the Department to determine compliance with the provisions of 560 CMR 4.00.
Primary PSAPs, regional PSAPs and Regional Emergency Communications Centers (RECCs) may require the operator of a multi-line telephone system to conduct testing to confirm that such multi-line telephone system provides the same level of enhanced 911 service that is provided to others in the Commonwealth.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 4.00 - Regulations Governing Enhanced 911 Service For Multi-line Telephone Systems › Section 4.07 - Kari's Law and Ray Baum's Act (Effective February 16, 2020)

Current through Register 1525, July 5, 2024
Beginning February 16, 2020, each manufacturer, seller, installer, manager or operator of a multi-line telephone system shall act in compliance with Kari's Law and Ray Baum's Act. 560 CMR 4.00 apply to:
(a) A person engaged in the business of manufacturing, importing, selling, or leasing multi-line telephone systems;
(b) A person engaged in the business of installing, managing, or operating multi-line telephone systems; and
(c) Any multi-line telephone system that is manufactured, imported, offered for first sale or lease, first sold or leased, or installed after February 16, 2020. The FCC Order can be found at:
https://docs.fcc.gov/public/attachments/FCC-19-76A1.pdf
.
(1)
General Obligations - Direct 911 Dialing, Notification and Dispatchable Location
.
(a) A person engaged in the business of manufacturing, importing, selling, or leasing multi-line telephone systems may not manufacture or import for use in the United States, or sell or lease or offer to sell or lease in the United States, a multi-line telephone system, unless such system is pre-configured such that, when properly installed in accordance with 560 CMR 4.07(2), a user may directly initiate a call to 911 from any station equipped with dialing facilities, without dialing any additional digit, code, prefix, or post-fix, including any trunk-access code such as the digit 9, regardless of whether the user is required to dial such a digit, code, prefix, or post-fix for other calls.
(b) A person engaged in the business of manufacturing, importing, selling, or leasing multi-line telephone systems may not manufacture or import for use in the United States, or sell or lease or offer to sell or lease in the United States, a multi-line telephone system, unless such system has the capability, after proper installation in accordance with 560 CMR 4.07(2), of providing the dispatchable location of the caller to the PSAP with 911 calls.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 4.00 - Regulations Governing Enhanced 911 Service For Multi-line Telephone Systems › Section 4.08 - Severability

Current through Register 1525, July 5, 2024
If any provision of 560 CMR 4.00, or the application thereof, is held, adjudged, or deemed invalid, such finding of invalidity shall not affect other provisions or application, and to that end the provision of 560 CMR 4.00 are severable.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 560 CMR 5.00 is to carry out the provisions of
				M.G.L. c. 6A, § 18B by establishing certification requirements for
				enhanced 911 telecommunicators, providing for standards governing emergency
				medical dispatch, and establishing 911 call handling procedures to maximize 911
				telecommunicator proficiency and to provide enhanced public safety benefits to
				the citizens of the Commonwealth.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
560 CMR 5.00 applies to enhanced 911 telecommunicators in the
				Commonwealth, the provision of emergency medical dispatch and quality assurance
				of emergency medical dispatch programs in the Commonwealth, and 911 call
				handling procedures in the Commonwealth.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.04 - Certification of Enhanced 911 Telecommunicators

Current through Register 1525, July 5, 2024
In order to act as an enhanced 911 telecommunicator, an
				individual shall be certified in accordance with 560 CMR 5.00. These
				certification requirements shall apply to all individuals who act as an
				enhanced 911 telecommunicator, whether on a full-time or part-time basis, at a
				primary PSAP, regional PSAP, regional secondary PSAP (except a regional
				secondary PSAP that is operated by a private safety department), secondary PSAP
				(except a secondary PSAP that is operated by a private safety department),
				RECC, or wireless state police PSAP.
(1)
Enhanced 911
			 Telecommunicators Certified on or before June 24, 2011
. An
			 enhanced 911 telecommunicator who is employed by a PSAP as a certified enhanced
			 911 telecommunicator on or before June 24, 2011 shall, in order to maintain
			 certification as an enhanced 911 telecommunicator, successfully complete a
			 minimum of16 hours of Department-approved continuing education annually
			 commencing July 1, 2012, or the equivalent thereof as approved by the
			 Department. A minimum of two hours of the annual 16-hour continuing education
			 requirement shall be dedicated to the identification and response to callers
			 experiencing behavioral health crises. Such training shall be developed in
			 accordance with best practices in consultation with the Executive Office of
			 Health and Human Services (EOHHS).
(2)
Enhanced 911
			 Telecommunicators Not Certified on or before June 24, 2011
. An
			 individual who is not employed by a PSAP as a certified enhanced 911
			 telecommunicator on or before June 24, 2011 shall obtain certification by the
			 Department as an enhanced 911 telecommunicator by meeting the following
			 qualifications:
(a) successful completion of a
			 minimum of two days of 911 equipment and basic telecommunicator training
			 offered by the Department; and
(b)
			 successful completion of a minimum of 40 hours of Department-approved basic
			 telecommunicator training, or the equivalent thereof as approved by the
			 Department. A component of the education shall be on the identification and
			 response to callers experiencing behavioral health crises.
In order to maintain certification as an enhanced 911
				telecommunicator, such person shall successfully complete thereafter a minimum
				of 16 hours of Department-approved continuing education annually, or the
				equivalent thereof as approved by the Department. A minimum of two hours of the
				annual 16-hour continuing education requirement shall be dedicated to the
				identification and response to callers experiencing behavioral health crises.
				Such training shall be developed in accordance with best practices in
				consultation with the Executive Office of Health and Human Services
				(EOHHS).
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.05 - Requirements for PSAPs to Provide Emergency Medical Dispatch Services

Current through Register 1525, July 5, 2024
(1) By July 1,2012, and thereafter, each
			 primary PSAP, regional PSAP, and RECC shall either:
(a) provide EMD through certified emergency
			 medical dispatchers at such PSAP or RECC; or
(b) arrange for EMD to be provided through a
			 certified EMD resource.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.06 - Quality Assurance of Emergency Medical Dispatch Services

Current through Register 1525, July 5, 2024
By July 1, 2012, and thereafter, each primary PSAP, regional
				PSAP, RECC, and wireless state police PSAP that provides EMD through certified
				emergency medical dispatchers and each certified EMD resource shall establish a
				continuous quality assurance, improvement, and management program that shall
				include, at a minimum, the following:
(a) documentation of the quality assurance
			 case review process utilized to identify EMD compliance with the
			 EMDPRS;
(b) written approval of the
			 EMD medical director;
(c) ongoing
			 random case review in accordance with the guidelines of the EMDPRS;
			 and
(d) regular feedback of
			 performance results to emergency medical dispatchers.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.07 - Certified Emergency Medical Dispatchers

Current through Register 1525, July 5, 2024
In order to act as a certified emergency medical dispatcher for
				a PSAP or RECC, an individual shall:
(a) obtain and maintain certification as an
			 enhanced 911 telecommunicator in accordance
			 560
			 CMR 5.04;
(b) obtain and maintain CPR certification;
			 and
(c) obtain and maintain
			 certification in EMD through an EMD certification organization approved by the
			 Department.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.08 - Approval as Certified Emergency Medical Dispatch Resource

Current through Register 1525, July 5, 2024
A limited secondary PSAP, primary PSAP, regional PSAP, regional
				secondary PSAP, secondary PSAP, RECC, wireless state police PSAP, or private
				safety department that intends to provide emergency medical dispatch services
				for a PSAP or RECC as a certified EMD resource shall submit to the Department,
				on a form specified by the Department or in such other manner specified by the
				Department, a request for approval as a certified EMD resource.
(1) The request for approval from a limited
			 secondary PSAP, private safety department, a secondary PSAP operated by a
			 private safety department, or a regional secondary PSAP operated by a private
			 safety department shall include the following:
(a) the EMDPRS that will be used;
(b) the enhanced 911 equipment that will be
			 used;
(c) documentation that each
			 emergency medical dispatcher that will provide EMD:
1. will successfully complete 911 equipment
			 and basic telecommunicator training equivalent to the training required of
			 enhanced 911 telecommunicators under
			 560
			 CMR 5.04, as determined by the
			 Department;
2. will obtain
			 certification in EMD through an EMD certification organization approved by the
			 Department; and
3. will
			 successfully complete continuing education equivalent to the continuing
			 education required of enhanced 911 telecommunicators under
			 560
			 CMR 5.04, as determined by the
			 Department;
(d)
			 documentation of current licensure by OEMS, if applicable; and
(e) any other documentation required by the
			 Department.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.09 - Approval of Emergency Medical Dispatch Protocol Reference System

Current through Register 1525, July 5, 2024
An organization that provides and maintains a comprehensive EMDPRS may submit to the Department, on a form specified by the Department or in such other manner specified by the Department, a request for program recognition as a Department-approved EMDPRS. The request for approval shall include documentation of the EMD protocol that is used, the curriculum, training system, including training requirements for instructors, a description of the scientific methods-based standards methodology, certification examination, and any other documentation required by the Department. The Department will evaluate and approve for recognition as a Department-approved EMDPRS such programs as the Department determines appropriate in its sole discretion.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.11 - Recordkeeping

Current through Register 1525, July 5, 2024
Each primary PSAP, regional PSAP, regional secondary PSAP (except a regional secondary PSAP operated by a private safety department), secondary PSAP (except a secondary PSAP operated by a private safety department), RECC, and wireless state police PSAP shall require that each enhanced 911 telecommunicator be certified by the Department in accordance with 560 CMR 5.04. Each primary PSAP, regional PSAP, regional secondary PSAP, secondary PSAP (except a secondary PSAP operated by a private safety department), RECC, and wireless state police PSAP shall annually submit to the Department documentation in a form satisfactory to the Department that each enhanced 911 telecommunicator meets the certification requirements of 560 CMR 5.00.
Each primary PSAP, regional PSAP, and RECC shall annually certify to the Department, on a form specified by the Department or in such other manner specified by the Department, that it meets the requirements of 560 CMR 5.05 and 5.06. Such annual certification shall state whether the PSAP or RECC either:
(a) provides EMD through certified emergency medical dispatchers, and if so, documentation that each person that acts as an emergency medical dispatcher meets the certification requirements of 560 CMR 5.07; or
(b) arranges for EMD to be provided through a certified EMD resource, and if so, the name of the certified EMD resource. Such annual certification shall also state that the PSAP or RECC has notified the local emergency medical services provider of the EMDPRS that is used for the PSAP and that the local emergency medical services provider has acknowledged receipt of such notification.
Each certified EMD resource shall annually certify to the Department, on a form specified by the Department or in such other manner specified by the Department, that it meets the requirements of 560 CMR 5.00. Such annual certification shall provide documentation that each person that acts as an emergency medical dispatcher has maintained certification in EMD through an EMD certification organization approved by the Department.
Each PSAP and each certified EMD resource shall provide to the Department such additional information as may be reasonably requested by the Department. The Department may inspect any PSAP to determine if it meets the requirements of 560 CMR 5.00. Each PSAP shall maintain, and shall make available to the Department for inspection, its books and records in a manner that will permit the department to determine whether the PSAP has complied with or is complying with the provisions of 560 CMR 5.00.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.12 - Enforcement

Current through Register 1525, July 5, 2024
The Department reserves the right to withhold grant funding, including without limitation, funding under the State 911 Department Support and Incentive Grant, from a PSAP that fails to comply with the requirements of these regulations, and the Department further reserves the right to notify state and/or local authorities or officials that funding is being withheld on such grounds.
Pursuant to M.G.L. c. 6A, § 18E, the Attorney General may, at the request of the Department or on the Attorney General's own initiative, institute civil proceedings to enforce the provisions of 560 CMR 5.00.
Code of Massachusetts Regulations › 560 CMR - STATE 911 DEPARTMENT › Title 560 CMR 5.00 - Establishing Certification Requirements For Enhanced 911 Telecommunicators, Governing Emergency Medical Dispatch, And Establishing 911 Call Handling Procedures › Section 5.13 - Severability

Current through Register 1525, July 5, 2024
If any provision of 560 CMR 5.00, or the application thereof, is held, adjudged, or deemed invalid, such finding of invalidity shall not affect other provisions or application, and to that end the provision of 560 CMR 5.00 are severable.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 1.00 - Charter Schools › Section 1.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Administrative Bulletins
. The Board and the Department
			 may issue advisories to interpret, implement, and provide guidance to charter
			 schools.
(2)
Waivers
. The Board may waive provisions of
			 603 CMR
			 1.00 for good cause. If a charter applicant or charter
			 school board of trustees makes a written request for a waiver, the Board may
			 waive the applicability of one or more provisions of
			 603 CMR
			 1.00. These waivers shall be granted only under
			 circumstances the Board deems exceptional and such waivers shall be granted
			 only to the extent allowed by law. All such requests from the charter applicant
			 or a board of trustees must:
(a) be in
			 writing, signed by the waiver applicant;
(b) specify the provisions of
			 603 CMR
			 1.00 to be waived, the duration of the waiver, and the
			 circumstances to which the waiver applies and the specific reason why a waiver
			 is sought;
(c) include a
			 certification that the waiver applicant has made a good faith effort to comply
			 with said provisions; and
(d) be
			 accompanied by supporting documentation considered sufficient by the Board to
			 support the special circumstances or the need for relief.
If the granting of a waiver would have an impact on sending
				districts or the district of the town or city in which the charter school is
				located, the Commissioner shall provide the superintendent of each district
				notice and an opportunity to comment.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 1.00 - Charter Schools › Section 1.04 - Student Recruitment, Enrollment, and Retention

Current through Register 1525, July 5, 2024
(1)
Charter Application
			 Process
. Applicants shall submit to the Department application
			 materials in accordance with the schedule, application form, and guidelines
			 established by the Department for each type of charter school. Each applicant
			 submitting application materials for a Commonwealth charter school shall also
			 send a copy of the application to the superintendent of the school district(s)
			 from which the applicant is expected to enroll students.
(a) Horace Mann applications shall be
			 accepted in three categories with the corresponding district approvals:
1. A Horace Mann I application may be
			 submitted to create a new school, provided the application is submitted with
			 the approval of the local collective bargaining unit and the school committee
			 in the district in which it is located. All Horace Mann charters granted before
			 January 2010 are considered Horace Mann I.
2. A Horace Mann II application may be
			 submitted as a conversion of an existing public school provided the application
			 is submitted with the approval of the school committee. Horace Mann II
			 applications may be submitted at any time but shall participate in the
			 application process in accordance with guidelines issued by the Department,
			 with similar periods of time for review and charter granting. Horace Mann II
			 charter schools may not open until completion of the opening procedures
			 process.
3. A Horace Mann III
			 application may be submitted to create a new school provided the application is
			 submitted with the approval of the school committee. An agreement with the
			 local collective bargaining unit is not required prior to Board approval of a
			 Horace Mann III charter school.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 1.00 - Charter Schools › Section 1.05 - Student Recruitment, Enrollment, and Retention

Current through Register 1525, July 5, 2024
(1)
Recruitment and Retention
			 Plan
. A charter school must develop a plan that includes
			 deliberate, specific strategies the school will use to attract, to enroll, and
			 to retain a student population that is demographically comparable to similar
			 grades in schools from which the charter school enrolls students. Charter
			 schools shall submit recruitment and retention plans for approval by the
			 Department that meet the requirements of M.G.L. c. 71, § 89; 603 CMR 1.05;
			 and any guidelines issued by the Department.
(2)
Non-discrimination
. Charter schools shall not
			 discriminate on the basis of race, color, national origin, creed, sex, gender
			 identity, ethnicity, sexual orientation, mental or physical disability, age,
			 ancestry, athletic performance, special need, proficiency in the English
			 language or a foreign language, or prior academic achievement. For purposes of
			 603 CMR 1.05, gender identity shall mean a person's gender-related identity,
			 appearance or behavior, whether or not that gender-related identity, appearance
			 or behavior is different from that traditionally associated with the person's
			 physiology or assigned sex at birth. Gender-related identity may be shown by
			 providing evidence including, but not limited to, medical history, care or
			 treatment of the gender-related identity, consistent and uniform assertion of
			 the gender-related identity, or any other evidence that the gender-related
			 identity is sincerely held as part of a person's core identity; provided,
			 however, that gender-related identity shall not be asserted for any improper
			 purpose.
(3)
Enrollment
			 Process and Applications for Admission
.
(a)
Enrollment
			 Process
. Charter schools may not administer tests to potential
			 applicants or predicate enrollment on results from any test of ability or
			 achievement. Charter schools may not use financial incentives to recruit
			 students. Requirements for enrollment in a charter school, including but not
			 limited to attendance at informational meetings and interviews, shall not be
			 designed, intended, or used to discriminate. Charter schools may not require
			 potential students and their families to attend interviews or informational
			 meetings as a condition of enrollment.
(b)
Application for
			 Admission
. Every charter school must submit its proposed
			 application for admission, and any subsequent revisions, beyond changing dates
			 indicated and correcting minor grammatical errors, to the Department for
			 approval.
(c)
Principal
			 Application Deadlines
. Charter schools may not set any principal
			 application deadlines or hold any enrollment lotteries for student admissions
			 for the upcoming school year until after January
			 1st. Every charter school shall conclude its
			 principal enrollment process no later than March
			 15th of each year.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 1.00 - Charter Schools › Section 1.06 - Boards of Trustees and Staff

Current through Register 1525, July 5, 2024
(1)
Responsibilities of Board of Trustees
. The board of
			 trustees of a charter school holds the charter of the school and governs the
			 school. Every board of trustees shall have a least five members. Boards of
			 trustees are state governmental bodies. Boards of trustees must fulfill their
			 fiduciary responsibilities, including but not limited to, the duty of loyalty
			 and duty of care, as well as the obligation to oversee the school's budget.
			 Boards of trustees shall not exercise managerial powers over the day-to-day
			 operations of the school. Boards of trustees must ensure that schools operate
			 in accordance with their charter, including any approved amendments. Boards of
			 trustees must ensure that schools operate in compliance with all applicable
			 state and federal laws. The responsibilities of boards of trustees shall
			 include, but are not limited to the following:
(a) Successfully completing the opening
			 procedures process in accordance with M.G.L. c. 70, § 89;
			 603 CMR
			 1.00; and any guidelines issued by the
			 Department;
(b) Requesting the
			 Commissioner's appointment of any new trustees;
(c) Submitting the timely annual
			 report;
(d) Submitting the timely
			 annual independent audit;
(e)
			 Hiring, evaluating, and removing, if necessary, qualified personnel to manage
			 the charter school's day-to-day operations and holding these administrators
			 accountable for meeting specified goals;
(f) Approving and monitoring progress towards
			 meeting the goals of the school's Accountability Plan;
(g) Adopting and revising school policies,
			 including plans for student recruitment and retention;
(h) Responding to complaints in writing as
			 required by
			 603 CMR 1.09;
			 and
(i) Ensuring that members of
			 the board receive an orientation and training regarding their duties and
			 obligations as members of a board of trustees.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 1.00 - Charter Schools › Section 1.08 - Reporting Requirements and Ongoing Review

Current through Register 1525, July 5, 2024
(1)
Annual Report
. A
			 charter school shall submit an annual report to the Board and the local school
			 committee and make available to every parent or guardian of its enrolled
			 students and to every parent or guardian who expresses interest in enrolling in
			 that charter school. Each charter school shall make the annual report available
			 on its website. A network, as defined by
			 603 CMR
			 1.00, may submit a combined annual report provided
			 that information for each school is reported discretely within the annual
			 report to ensure that it complies with M.G.L. c. 71, § 89;
			 603 CMR
			 1.00; and any guidelines issued by the Department. The
			 annual report shall be issued no later than August
			 1st of each year for the preceding school year. The
			 annual report shall include the following information:
(a) a financial statement setting forth by
			 appropriate categories the unaudited revenue and expenditures for the year just
			 ended, and a balance sheet setting forth the charter school's assets,
			 liabilities, and fund balances or equities;
(b) a capital plan identifying future planned
			 capital projects and the amounts held in reserve for such projects;
(c) a report on the school's implementation
			 of its recruitment and retention plan for the relevant year;
(d) an updated recruitment and retention plan
			 for the upcoming school year that complies with guidelines issued by the
			 Department;
(e) projections of
			 income and expenses for the upcoming school year;
(f) discussion of progress made toward
			 achievement of the goals of the charter and accountability plan;
(g) evidence that the charter school is
			 developing or has provided models for replication and best practices in
			 education; and
(h) such other
			 information as the Board may require in guidelines.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 1.00 - Charter Schools › Section 1.09 - Complaint Procedure

Current through Register 1525, July 5, 2024
(1) A parent,
			 guardian, or other individuals or groups who believe that a charter school has
			 violated or is violating any provision of M.G.L. c. 71, § 89, or
			 603 CMR
			 1.00 may file a complaint with the charter school's
			 board of trustees.
(2) The board of
			 trustees shall respond in writing to the complaining party no later than 45
			 days from receipt of the complaint.
(3) The board of trustees shall, pursuant to
			 a complaint received under 603 CMR 1.09, or on its own initiative, conduct
			 reviews to ensure compliance with M.G.L. c. 71, § 89, and
			 603 CMR
			 1.00. The charter school and the specific individuals
			 involved shall cooperate to the fullest extent with such review.
(4) A complaining party who believes a
			 complaint pursuant to 603 CMR 1.09(1) has not been adequately addressed by the
			 charter school board of trustees may submit the complaint in writing to the
			 Commissioner, who shall investigate such complaint and make a written
			 response.
(5) In the event the
			 charter school is found in violation of M.G.L. c. 71, § 89, or
			 603 CMR
			 1.00, the Commissioner or Board may take such action
			 deemed appropriate including, but not limited to, suspension or revocation of
			 the charter, or referral of the matter to the District Attorney, the Office of
			 the Attorney General, or other appropriate agencies for action.
(6) A parent, guardian, or other individuals
			 or groups who believe that a charter school has violated or is violating any
			 state or federal law or regulation regarding special education may file a
			 complaint directly with the Department.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 1.00 - Charter Schools › Section 1.10 - Amendments of Charters

Current through Register 1525, July 5, 2024
Requests to amend the material terms of a school's charter must
				be voted on by the board of trustees and approved by the Commissioner or the
				Board before change is implemented.
(1)
Amendments Requiring Board
			 Approval
. If a charter school plans to change the terms of its
			 charter, the school's board of trustees shall vote on and submit to the Board a
			 request in writing to amend its charter. Changes requiring approval by the
			 Board before they can be implemented include:
(a) Districts specified in the school's
			 charter;
(b) Maximum
			 enrollment;
(c) Grades served;
			 and
(d) Contractual relationships
			 with an education management organization providing or planning to provide
			 substantially all the school's educational services.