reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.02 - Definitions

Current through Register 1525, July 5, 2024
Applicant
. The eligible individual or
				entity, including federally-recognized and state-acknowledged tribes, seeking a
				rebate or voucher for an eligible MOR-EV incentive. The Applicant may or may
				not be the same entity as the Vehicle End User. Third parties, such as
				financing entities or solutions providers, may be qualified to apply for MOR-EV
				rebates on behalf of Vehicle End Users such as public or municipal
				fleets.
Battery Electric Vehicle
. Any vehicle
				that solely operates through use of an electric battery. All power and function
				are derived from the batteries and electric motors; a Battery Electric Vehicle
				does not produce any engine exhaust carbon emissions and is thereby a Zero
				Emission Vehicle.
Cab Card
. A registration document
				issued by a base jurisdiction for a vehicle of an apportioned fleet. The Cab
				Card identified the vehicle, registrant, jurisdictions for which the vehicle is
				apportioned, plate number, the registered weight by jurisdiction, and any other
				necessary information.
Corporate Fleets
. Commercial and
				nonprofit fleets, which include company-owned vehicles, companies with vans,
				rental car companies, and companies that provide vehicles to employees instead
				of paying mileage.
Day
. Unless otherwise defined or
				limited, a day shall mean a calendar day and not a business day. For computing
				a period of time in these regulations, the last day of the period is to be
				included unless it is a Saturday, Sunday, or a state legal holiday in which the
				period runs until the end of the next day which is not a Saturday, Sunday, or
				state legal holiday.
Department
. The Massachusetts
				Department of Energy Resources (DOER), established by M.G.L. c. 25A.
Environmental Justice
				Population
.
(a) A
			 neighborhood that meets one or more of the following criteria:
1. the annual median household income is not
			 more than 65% of the statewide annual median household income;
2. minorities comprise 40% or more of the
			 population;
3. 25% or more of
			 households lack English language proficiency; or
4. minorities comprise 25% or more of the
			 population and the annual median household income of the municipality in which
			 the neighborhood is located does not exceed 150% of the statewide annual median
			 household income; or
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.04 - Applicability

Current through Register 1525, July 5, 2024
225 CMR
				26.00 applies to individuals, corporations, and
				non-profit Applicants, Vehicle End Users, dealerships, and other entities that
				participate in the MOR-EV Program.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.05 - Eligibility

Current through Register 1525, July 5, 2024
(1)
General Eligibility
			 Criteria
. An Applicant may qualify for a MOR-EV voucher or rebate
			 subject to the limitations in
			 225
			 CMR 26.05.
(a)
Residency
. The
			 Applicant shall provide appropriate proof of residency for Massachusetts.
1. If applying as an individual, an Applicant
			 shall provide a copy of a Massachusetts driver's license or other valid form of
			 Massachusetts residency as approved by the Department and collected by the
			 Program Administrator.
2. If
			 applying as an eligible entity, such as a corporation, nonprofit, or other
			 eligible type, an Applicant shall provide a copy of a local business license,
			 articles of incorporation, or other formation document filed with the
			 Massachusetts Secretary of State. Other forms of documentation to establish
			 Massachusetts residency, such as a written attestation, may be accepted by the
			 Department on a case-by-case basis.
3. If the Applicant is an interstate carrier
			 registered under the International Registration Plan (IRP), Massachusetts must
			 be listed on the Cab Card.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.06 - Light-duty Vehicle Rebates

Current through Register 1525, July 5, 2024
(1)
New
			 Light-duty Vehicle Rebate
.
(a)
Applicant Eligibility
. Individuals and Corporate
			 Fleets are eligible for new Light-duty Vehicle rebates. Applicant may combine
			 this rebate with the MOR-EV+ low-income rebate adder under
			 225
			 CMR 26.08(1).
(b)
Vehicle
			 Eligibility
. Eligible vehicles must meet the following criteria:
1. New Vehicle, Floor Model, or Test Drive
			 Vehicle;
2. Qualifying Zero
			 Emission Vehicle that is a new Light-duty Vehicle; and
3. have a Sales Price of $55,000 or less.
Floor Model, Test Drive, Unwind, and Rollback vehicles will be
				assessed on a case-by-case basis. Vehicles determined by the Program
				Administrator to be unrebated Rollback or Unwind Vehicles will be eligible
				under
				225
				CMR 26.06.
(c)
Rebate Amount
. A
			 new Light-duty Vehicle that meets the requirements of
			 225
			 CMR 26.06(1)(b)  shall be
			 eligible for a rebate amount no less than $3,500 and no more than $5,000. The
			 initial rebate amount shall be $3,500. In response to market conditions or
			 availability of funding, the Department may increase the rebate amount for a
			 new Light-duty Vehicle to no more than $5,000.
(d)
Availability of
			 Rebate
. The rebate is available through post-purchase rebate or
			 POS. Post-purchase rebates must be claimed within 90 calendar days after
			 purchase or lease date.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.07 - MOR-EV Trucks and Medium- and Heavy-duty Vehicle Rebates

Current through Register 1525, July 5, 2024
(1)
New Pickup Truck Rebates
			 (MOR-EV Trucks)
.
(a)
Applicant Eligibility
. Individuals, Corporate Fleets,
			 and other eligible entities are eligible for the MOR-EV Trucks Rebate.
			 Applicant may combine this rebate with the MOR-EV+ low-income rebate adder
			 under
			 225
			 CMR 26.08(1).
(b)
Vehicle
			 Eligibility
. A New Vehicle, Floor Model, or Test Drive Vehicle
			 that is also a Qualifying Zero Emission Vehicle that:
1. is either a pickup truck that is between
			 6,000 and 10,000 pounds GVWR or a vehicle of any other body type between 8,501
			 and 10,000 pounds GVWR; and
2. has
			 a Sales Price that is $80,000 or less.
Floor Model, Test Drive, Unwind, and Rollback vehicles will be
				assessed on a case-by-case basis. Vehicles determined by the Program
				Administrator to be unrebated Rollback or Unwind Vehicles will be eligible
				under
				225
				CMR 26.07.
(c)
Rebate Amount
. A
			 vehicle that meets the requirements of
			 225
			 CMR 26.07(1)(b)  shall be
			 eligible for a rebate amount no less than $4,500 and no more than $7,500 per
			 eligible vehicle. The initial rebate amount shall be $7,500. In response to
			 market conditions or availability of funding, the Department may decrease the
			 rebate amount to no less than $4,500.
(d)
Availability of
			 Rebate
. The rebate is available through a post-purchase rebate
			 application in a manner or form to be prescribed by the Department or by POS.
			 Post-purchase rebates must be claimed within 90 calendar days after purchase or
			 lease date.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.09 - Program Administrator and Website

Current through Register 1525, July 5, 2024
(1) A
			 third-party Program Administrator will be responsible for providing some or all
			 of the following services:
(a) receiving
			 MOR-EV rebate and rebate adder applications, application review and
			 verification processes, and appeals process management;
(b) establishing a culturally competent
			 outreach campaign;
(c) rebate
			 payment processing and payment issuance to consumer, dealerships, and other
			 Applicants; and
(d) any other
			 duties prescribed in a request for proposals.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.10 - Applications, Exemptions, and Appeals

Current through Register 1525, July 5, 2024
(1)
Post-purchase Rebate and Voucher Application Process
.
			 A post-purchase rebate application for a rebate, an application for a
			 Pre-qualification Voucher, or an application for a Rebate Reservation Voucher
			 shall be submitted to the Department by the Applicant. The Applicant must use
			 the most current forms and associated instructions provided by the Department,
			 and must include all information, documentation, and assurances required by
			 such forms, instructions, and Terms and Conditions.
(2)
Point-of-sale Rebate
			 Application Process
. Participating Dealerships will offer some
			 rebates or rebate adders to be provided at POS. An Applicant must purchase or
			 lease from a Participating Dealership and meet all of the eligibility
			 requirements listed for that vehicle type, including providing documentation to
			 verify eligibility. Applicants may also be required to sign or agree to
			 additional MOR-EV Terms and Conditions.
(3)
Participating Dealership
			 Application Process
.
(a) Licensed
			 dealerships in Massachusetts will apply with the Program Administrator and
			 shall sign a Participating Dealership agreement prior to being enrolled in the
			 POS program. Additional documentation or review may be required at the
			 Department or Program Administrator's discretion.
(b) Participating Dealerships will create an
			 account with the Program Administrator and will be added to a list of
			 Participating Dealerships on the MOR-EV website (
www.mor-ev.org
).
(c) Participating Dealerships shall keep the
			 information provided to the Program Administrator up to date and comply with
			 any requests for maintaining the dealership's participation or verification of
			 information related to rebates or Pre-qualification Vouchers associated with
			 the MOR-EV Program.
(d)
			 Participating Dealerships shall ensure that documentation clearly indicates the
			 MOR-EV rebates or vouchers included at POS and the amount(s).
(e) Participating Dealerships shall offer POS
			 rebates for new eligible ZEVs if a dealership is selling or leasing New
			 Vehicles, shall offer MOR-EV+ rebate adders with valid Pre-qualification
			 Voucher at POS for any Participating Dealership, and offer used EV rebates with
			 valid Pre-qualification Voucher at POS if a dealership sells Used
			 Vehicles.
(f) Participating
			 Dealerships shall submit requests for reimbursement to the Program
			 Administrator within 30 calendar days of purchase or lease date.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.11 - Inspection and Noncompliance

Current through Register 1525, July 5, 2024
(1)
Inspection
.
(a)
Document Inspection
. The Department may audit the
			 accuracy of all information submitted pursuant to
			 225 CMR
			 26.00. As a condition of participating in the MOR-EV
			 rebate process, including Applicants and Participating Dealers, parties agree
			 to provide the Department any information that the Department determines
			 necessary to monitor compliance with and enforcement of
			 225 CMR
			 26.00.
(b)
Audit and Site Inspection
. Upon reasonable notice to
			 an Applicant, Vehicle End User, Participating Dealership, Licensed Dealership,
			 or other entity that participates in the MOR-EV Program, the Department may
			 conduct audits, which may include inspection and copying of records and/or site
			 visits to a dealership, including, but not limited to, all files and documents
			 that the Department determines are related to compliance with
			 225 CMR
			 26.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program › Section 26.12 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				225 CMR
				26.00 is declared invalid, such invalidity shall not
				affect other provisions or applications that can be given effect without the
				invalid provision or application.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 2.00 - Standard Examinations › Section 2.01 - Preparation of Examinations

Current through Register 1525, July 5, 2024
The Director of Registration shall employ professional independent testing services for the preparation of licensure examinations. Unless otherwise required by law, the Boards of Registration shall be authorized to invite offers from interested testing services. The topics to be tested shall comply with applicable provisions of the law governing the particular Board. The Boards shall present all offers received to the Director of Registration along with their comments and recommendations. The Director shall then be authorized to enter into a contract with the professional independent testing service that most favorably meets the Director's specifications.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 2.00 - Standard Examinations › Section 2.02 - Administration of Examinations

Current through Register 1525, July 5, 2024
The Director of Registration shall enter into a contract with a professional independent test administration service for the purposes of examination siting, proctoring, guaranteeing security, guaranteeing comfortable testing environments, and all other administrative duties necessary for the proper administration of examinations. The Director of Registration may enter into a contract with a professional independent testing service, discussed in 230 CMR 2.01, for the administration of the examination it prepares.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 2.00 - Standard Examinations › Section 2.03 - Compliance with Executive Order No. 195

Current through Register 1525, July 5, 2024
Each contract entered into by the Director of Registration with a professional independent testing service and a professional independent test administration service shall have the following language:
"The Governor or his designee, the Secretary of Administration and Finance, and the state auditor or his designee shall have the right at reasonable times and upon reasonable notice to examine the books, records and other compilations of data of (vendor) which pertain to the performance of the provisions and requirements of (this contract or agreement)."
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 2.00 - Standard Examinations › Section 2.05 - Fees

Current through Register 1525, July 5, 2024
Examination fees shall be paid by the examinees directly to the professional independent testing services and/or the professional independent test administration services and/or the Commonwealth of Massachusetts. Said fees shall be determined annually by the commissioner of administration under the provision of M.G.L. c. 7, § 3B. Said fees shall be nonrefundable.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 13.00 - Licensing of Schools and Sales Representatives › Section 13.01 - Licensing of Schools

Current through Register 1525, July 5, 2024
(1) Unless exempted from licensure under M.G.L. c. 112, § 263(c)(i) through (x), a School shall be licensed to operate as:
(a) a private occupational School; or
(b) a post-secondary private occupational School.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 13.00 - Licensing of Schools and Sales Representatives › Section 13.02 - School Application Process

Current through Register 1525, July 5, 2024
(1) All applicants for a license to operate a School shall submit, in a form acceptable to the division, the following to the division:
(a) a completed application on a form provided by the division;
(b) the required fee;
(c) certification from the State Auditor that the applicant is financially qualified to operate a School;
(d) Surety in the amount determined by the State Auditor;
(e) proof that the School maintains adequate insurance, including liability insurance;
(f) an inspection report from the local building inspector certifying that the premises comply with 780 CMR:
State Board of Building Regulations and Standards
;
(g) an inspection report from the local fire department certifying that the premises comply with applicable fire codes;
(h) criminal offender record information acknowledgment forms, as prescribed by the division, for Principals, Administrators, employees, and other individuals related to the School in order to facilitate division review of criminal offender record information as required under M.G.L. c. 112, § 263(b);
(i) pursuant to M.G.L. c. 112, § 263(e), certification on a form provided by the division that the school has performed reasonable due diligence to determine that all Principals and employees of the School are of good moral character;
(j) certification on a form provided by the division that the School has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, withholding and remitting of child support, unemployment insurance contributions, worker's compensation insurance coverage, and classification of employees;
(k) a School closure plan including the process by which the School will securely convey records to the division in the event of a closure, as required under M.G.L. c. 112, § 263(e), and assist students in securing teach-out opportunities;
(l) if applying for licensure as a post-secondary private occupational School, certification on a form provided by the division that it meets the requirements of 230 CMR 13.01(2); and
(m) information required to be submitted pursuant to M.G.L. c. 112, § 263(e) which includes:
1. the training and experience of the Instructors employed or to be employed by the School (
see
230 CMR 14.04:
Instructors
);
2. the building facilities and Equipment available or to be available for the instruction to be offered by the School (
see
230 CMR 14.01:
Facilities
and 14.02:
Equipment
);
3. the form and content of the Courses to be offered by the School (
see
230 CMR 14.03:
Curriculum
);
4. the particular field of instruction to be offered by the School; and
5. the form of any contract or agreement to be executed by a prospective student.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 13.00 - Licensing of Schools and Sales Representatives › Section 13.03 - Financial Qualification and Surety Requirement for Schools

Current through Register 1525, July 5, 2024
(1) An applicant for a license to operate a School shall apply to the State Auditor for certification that the School is financially qualified, by submitting financial statements and other such information as the State Auditor may require.
(2) Pursuant to M.G.L. c. 112, § 263(g), no School shall operate without valid Surety in the amount determined by the State Auditor.
(3) A School shall timely apply to the State Auditor for a reevaluation of its financial qualification upon renewal and at such other time as may be required by the State Auditor pursuant to M.G.L. c. 112, § 263(d) by submitting current financial statements and such other information as the State Auditor may require.
(4) If the State Auditor increases the amount of Surety a School must have, the School shall submit additional Surety to the division within 30 days.
(5) If the Surety is canceled, the School shall procure new Surety 30 days prior to the effective cancellation date.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 13.00 - Licensing of Schools and Sales Representatives › Section 13.04 - Licensing of Sales Representatives

Current through Register 1525, July 5, 2024
(1) An individual who acts as a Sales Representative shall be licensed by the division. A Sales Representative's license shall remain valid for a period of two years from the date of issue so long as the School under which the Sales Representative operates maintains a current license.
(2) Schools must apply on behalf of applicants for a Sales Representative's license, or renewal of such license, and shall submit, in a form acceptable to the division, the following to the division:
(a) a completed application on a form provided by the division;
(b) the required fee;
(c) evidence that the applicant has completed division approved training in ethics. The division may require Schools to offer this training to its Sales Representatives as a condition of being able to utilize Sales Representatives;
(d) certification that the School has performed reasonable due diligence to determine that the Sales Representative is of good moral character as required under M.G.L. c. 112, § 263(f);
(e) Surety in the amount of at least $1,000; and
(f) information required to be submitted pursuant to M.G.L. c. 112, § 263(f), which includes:
1. The applicant's name and address;
2. The applicant's educational qualifications;
3. The name and address of three business references; and
4. The name and address of three personal references.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 13.00 - Licensing of Schools and Sales Representatives › Section 13.05 - Renewal of Licenses

Current through Register 1525, July 5, 2024
(1) Unless otherwise determined by the Director, every license shall remain valid for a period of two years from the date of issue, unless the license is suspended or revoked pursuant to M.G.L. c. 112, § 263 and 230 CMR 16.00:
Private Occupational Schools: Denials of Licensure and Disciplinary Action
.
(2) A School shall submit to the division an application for license renewal no later than 60 days before the expiration of its current license by submitting the information listed in 230 CMR 13.02. A failure to submit all materials required prior to this deadline may be grounds for denial of renewal, late fees, and/or disciplinary action.
(3) A School shall submit to the division an application for Sales Representative license renewal no later than 60 days before the expiration of the current license by submitting the information listed in 230 CMR 13.04(2). A failure to submit all materials required prior to this deadline may be grounds for denial of renewal, late fees, and/or disciplinary action.
(4) Failure to renew a license in accordance with this section shall result in expiration of the license. Provided, however, that if a licensee has, in accordance with any law and regulation, made timely and sufficient application for renewal, the license shall not expire until the application has been finally determined by the division.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 13.00 - Licensing of Schools and Sales Representatives › Section 13.06 - Exemptions from Licensure

Current through Register 1525, July 5, 2024
(1) Schools are not required to be licensed if they meet one of the exemptions in M.G.L. c. 112, § 263(c)(i) through (ix).
(2) Exemptions pursuant to M.G.L. c. 112, § 263(c)(x)
(a) Exemptions to licensure under M.G.L. c. 112, § 263(c)(x) are valid only when issued by the division in writing.
(b) Consistent with public health, safety, and welfare, the division may exempt a School from licensure subject to certain conditions as determined by the division.
(c) Rescinding of exemptions
1. exemptions from licensure granted by the division shall be deemed permanent or grandfathered. Further, the division may rescind exemptions at any time if it determines that they have been expired or superseded by any new laws, regulations, division policies, or are otherwise determined to no longer be in the best interests of the public health, safety, or welfare.
2. School that previously operated under an exemption under M.G.L. c. 112, § 263(c)(x) must obtain a license in a timeframe established by the division if the exemption expires or is otherwise rescinded. If a School continues to operate thereafter without meeting the requirements of this section, it shall be subject to penalties as outlined in M.G.L. c. 112, § 263(l).
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 14.00 - Facilities, Equipment, Curriculum, Instructors, and Staff › Section 14.01 - Facilities

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 112, § 263(e), at the time of license application and renewal, all building facilities available or to be available for instruction shall be approved by the division.
(2) A School's premises shall comply with all applicable building and fire codes.
(3) A School shall not conduct classes in any building facility unless it has obtained the inspection reports required by 230 CMR 13.02(1)(f) and (g).
(4) A School may not operate in any location other than at locations reflected on its license.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 14.00 - Facilities, Equipment, Curriculum, Instructors, and Staff › Section 14.02 - Equipment

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 112, § 263(e), at the time of application and renewal, all Equipment available or to be available for instruction shall be approved by the division.
(2) A School shall maintain a list of all books, supplies, material, Equipment and tools used for instructional purposes. The list shall be made available for inspection upon request by the division.
(3) A School shall provide Equipment, tools, and supplies consistent with generally accepted standards, in a variety sufficient to allow instruction in all current methods and in quantities sufficient to enable each student to work effectively and continuously towards the desired skill level. The Equipment shall comply with all applicable safety standards. The School shall provide adequate space for the use of any Equipment on its premises and establish procedures sufficient to ensure the safety of students.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 14.00 - Facilities, Equipment, Curriculum, Instructors, and Staff › Section 14.03 - Curriculum

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 112, § 263(b) and (e), all Curriculum shall be approved by the division.
(2) Each School shall submit Curriculum for approval by describing each proposed Program to the division, including the following information:
(a) a brief description of each Course;
(b) a total number of Instructional Hours in each Program and Course;
(c) the tuition charged for each Program;
(d) the minimum entrance requirements;
(e) a description of the off-campus training experiences and the number of off-campus training hours required in each Program and Course;
(f) a list of occupations for which each Program will prepare students; and
(g) the estimated number of students anticipated to be enrolled in each Program.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 14.00 - Facilities, Equipment, Curriculum, Instructors, and Staff › Section 14.05 - Staff

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 112, § 263(b), all Staff shall be approved by the division.
(2) Pursuant to M.G.L. c. 112, § 263(b), the approval process for staff shall include division review of criminal offender record information.
(3) Prior to hiring Staff, a School shall conduct due diligence to ensure in good faith that the Staff member is qualified.
(4) A School shall certify that the Staff member is qualified on a form supplied by the division and receive division approval for said Staff member.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 14.00 - Facilities, Equipment, Curriculum, Instructors, and Staff › Section 14.06 - Limitation of Approvals

Current through Register 1525, July 5, 2024
(1) Any approvals granted by the division may be rescinded by the division for cause, including but not limited to, the grounds for disciplining a licensee pursuant to M.G.L. c. 112, § 263(i).
(2) No approvals granted by the division shall be deemed permanent. All approvals shall be deemed expired at the time a School's license expires or is renewed. Further, approvals may be rescinded at any time if they are determined to have been expired or superseded by any new laws, regulations, or policies.
(3) Any approvals granted by the division may be subject to such reasonable conditions as the division determines are appropriate to protect the public health, safety, or welfare. Such conditions may include, but not be limited to, restrictions on the duration in which an approval is granted, additional reporting to the division, and/or other restrictions on the time, place, or manner in which instruction is given. Adherence to any such conditions may be considered a requirement for retention, future consideration, or reinstatement of licensure.
(4) The denial of an approval and/or the placement of conditions on an approval shall be subject to reconsideration pursuant to procedures published under M.G.L. c. 112, § 263(b).
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 15.00 - General Provisions and Standards of Practice › Section 15.01 - General Provisions

Current through Register 1525, July 5, 2024
(1) All Schools subject to M.G.L. c. 112, § 263 and not exempt from licensure under M.G.L. c. 112, § 263(c)(i) through (x) must obtain a license from the division to operate.
(a) A School shall display its license in a prominent location on its premises.
(b) All School websites shall include a link whereby the public can view a School's license and its status.
(c) A School shall not transfer its license.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 15.00 - General Provisions and Standards of Practice › Section 15.02 - Certificates, Diplomas, and Transcripts

Current through Register 1525, July 5, 2024
Each School shall file with the division a sample copy of any certificate, diploma, and transcript it awards to students. A description of the requirements for the certificate, diploma, or transcript shall accompany the sample copy.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 15.00 - General Provisions and Standards of Practice › Section 15.03 - School Records

Current through Register 1525, July 5, 2024
(1) Student Records. A School shall keep a record of each student who enrolls in any of the School's Courses or Programs. The record shall be kept in accordance with the following retention periods:
(a) for at least one year after graduation or separation from the School, the results of all examinations and evaluations performed.
(b) for at least seven years after graduation or separation from the School:
(i) the student's signed enrollment contract, as well as any addendums, extensions, or amendments to that contract;
(ii) all records to support any effective date of termination of an enrollment contract used in a refund calculation under 230 CMR 15.04(7) or (8);
(iii) copies of progress reports required under 230 CMR 15.01(10);
(iv) student attendance records, which reflect any leaves of absence (including information about the status of the leave), the date of completion (anticipated and actual), and the date the student received a diploma or certificate;
(v) records of any externships;
(vi) copies of any student complaints and the School's response;
(vii) School disciplinary reports; and
(viii) the student's loan documents including any disclosure forms and disbursement schedules provided to the school by the lender.
(c) for at least 60 years after graduation or separation from the School:
(i) the student's official grades; and
(ii) records of the form and dates of any payments made by or on behalf of the student.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 15.00 - General Provisions and Standards of Practice › Section 15.04 - Enrollment Contracts and Student Refunds

Current through Register 1525, July 5, 2024
(1) A School shall use only student enrollment contracts which comply with 230 CMR 15.04 and shall timely provide each student with a copy of his or her fully executed enrollment contract. For enrollment contracts entered into after April 1, 2017, the enrollment contract shall include the following information:
(a) the student's name and address;
(b) the student's date of enrollment;
(c) the title of the Program to be taken by the student as well as any entrance requirements which had to be met to enroll in that Program;
(d) the total number of Instructional Hours to be taken by the student;
(e) the tuition charges and any other charges;
(f) the student's method of payment;
(g) the refund policy and how to withdraw from the Program;
(h) in a form acceptable to the division, a refund calculation for each individual student demonstrating the specific dollar amount of Monies Paid to be refunded upon termination of the enrollment contract on specific calendar dates in accordance with the percentages prescribed under 230 CMR 15.04(6) and M.G.L. c. 255, § 13K;
(i) applicable payment due dates;
(j) any periods beyond which late registration will not be accepted;
(k) n clear and conspicuous type that is readily noticed and legible directly adjacent to the student's signature line, a disclosure from the School, where applicable under 230 CMR 15.04(6), that states the following: "You have the right to cancel this enrollment contract before the completion of five school days or 5% of this Program, whichever occurs first, and to receive a full refund of all monies paid, less actual reasonable administrative costs up to $50 and actual reasonable costs of non-reusable supplies or equipment."
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 15.00 - General Provisions and Standards of Practice › Section 15.05 - Disclosures

Current through Register 1525, July 5, 2024
(1) Prior to enrollment, a School shall, in a form acceptable to the division, provide each prospective student a written outline of each Program offered by the School. The outline shall contain:
(a) Course descriptions;
(b) entrance requirements;
(c) the total number of Instructional Hours required to obtain a certificate or diploma;
(d) the earliest possible completion date;
(e) a list of occupations for which each Program will prepare students;
(f) the cost of the Program, which includes financial education disclosures as prescribed by the division for Programs exceeding $2,000 in total cost;
(g) all prerequisites for Program completion and employment in the occupation, including but not limited to whether certification or licensure is required and the conditions to obtain such certification or licensure; and
(h) a copy of the School's refund and withdrawal policy, specifically referencing all costs that may not be refundable upon withdrawal.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 15.00 - General Provisions and Standards of Practice › Section 15.06 - Advertisements and Representations

Current through Register 1525, July 5, 2024
(1) A School shall not offer, advertise, imply, or represent Courses, Programs, and services, including the availability of collateral services such as tutoring, translation, and childcare, in a way that is false, deceptive, misleading, or unfair.
(2) A School shall not advertise, imply, or represent itself as a "college" or "university" in Advertising or elsewhere. If affiliated with another institution, a School must disclose the nature of the affiliation.
(3) A School shall not advertise, imply, or represent that the division "supervises," "recommends," "endorses," "accredits," or "approves" the School. A licensed School may indicate in literature or Advertising that the School is "Licensed by the Commonwealth of Massachusetts Division of Professional Licensure."
(4) A School shall not advertise, imply, or represent that the School guarantees employment for those who complete a Course or Program unless:
(1) the guarantee is actually offered by the School; and
(2) the advertisement discloses the nature of the guaranteed employment including but not limited to all conditions and limitations of the guaranteed employment such as any pre-requisites needed to obtain the employment, any limitation on the duration of employment, and any pre-existing arrangements between the School and potential employers.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 15.00 - General Provisions and Standards of Practice › Section 15.07 - Student Complaints

Current through Register 1525, July 5, 2024
(1) A School shall establish a written procedure for resolving student complaints. The procedure shall be made available to students at the time of enrollment and upon request, and shall be published in the School catalogue.
(2) A School shall respond to written student complaints in writing within ten days from when the complaint was submitted to the School and maintain records of student complaints and School responses in accordance with 230 CMR 15.03(1)(b)6.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 16.00 - License Denials and Disciplinary Action › Section 16.01 - Denial of Licensure

Current through Register 1525, July 5, 2024
(1) The division may deny a license for any cause allowed by law. Such cause includes, but is not necessarily limited to, the grounds for disciplining a licensee pursuant to M.G.L. c. 112, § 263(i) and the failure to comply with 230 CMR 12.00 through 17.00.
(2) All denials of licensure shall be in writing and shall outline the basis for that denial. An approval not granted due to the applicant failing to provide complete information shall not be considered a denial and shall not be entitled to further review. An aggrieved applicant in receipt of a denial may seek reconsideration of that denial. Such a request for reconsideration must be filed with the division, in writing, within ten business days of the division's denial. This request must address each and every ground for denial. If the division concludes that this request creates a genuine dispute of fact, the division may offer the aggrieved applicant an adjudicatory proceeding. If the request fails to create a genuine dispute of fact, the applicant may not be entitled to further review by the division. The applicant shall be entitled to appeal subject to M.G.L. c. 30A.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 16.00 - License Denials and Disciplinary Action › Section 16.02 - Disciplinary Action

Current through Register 1525, July 5, 2024
(1) The division may discipline a licensee for good cause, subject to the provisions of M.G.L. c. 30A. Such good cause includes, but is not necessarily limited to, the grounds in M.G.L. c. 112, § 263(i) and the violation of 230 CMR 12.00 through 17.00.
(2) Prior to the disciplining of a licensee, the division shall provide the licensee written notification of the intended action and, if applicable, any rights to a hearing required by law in accordance with M.G.L. c. 30A.
(3) In accordance with 230 CMR 15.05(5), Schools shall post any notices of discipline issued by the division.
(4) Unless explicitly exempted by the division, all discipline imposed against a licensed individual or entity shall apply to all other licenses issued by the division to that individual or entity.
Code of Massachusetts Regulations › 230 CMR - DIVISION OF REGISTRATION › Title 230 CMR 17.00 - Effective Dates and Regulation Review › Section 17.01 - Effective Dates

Current through Register 1525, July 5, 2024
(1) Any School holding a valid license prior to December 30, 2016, shall not be required to adhere to any new prerequisites for licensure created by 230 CMR until June 30, 2018. However, Schools subject to this extension shall remain subject to any prerequisites to licensure established in 230 CMR which are the same as those established by rules and regulations made prior to August 1, 2012 under the authority of M.G.L. c. 75C, § 7; c. 75D, § 8 and c. 93, § 21B.
(2) The division shall regularly review 230 CMR.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 2.00 - General Provisions › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 231 CMR is to establish the requirements and
				procedures for registration of architects, and prescribe standards of
				professional service and conduct to be followed by such registered architects,
				in the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 2.00 - General Provisions › Section 2.03 - Duties of the Board

Current through Register 1525, July 5, 2024
The duties of the Board shall include, but shall not be limited
				to, the following:
(1) To establish
			 the conditions and qualifications required for registration as an architect in
			 the Commonwealth of Massachusetts, in accordance with M.G.L. c. 112,
			 §§ 60A through 60O;
(2)
			 To determine the eligibility of applicants for registration;
(3) To prescribe and conduct examinations for
			 the registration of architects;
(4)
			 To evaluate and determine the eligibility of out-of-state and Canadian
			 architects for registration as architects in the Commonwealth of Massachusetts
			 by means of reciprocity in accordance with the procedures established by the
			 National Council of Architectural Registration Boards;
(5) To issue certificates of registration to
			 all individuals who have met all of the applicable requirements for
			 registration;
(6) To establish and
			 maintain records of the names and addresses of all registered architects in the
			 Commonwealth of Massachusetts;
(7)
			 To make such rules and regulations as are necessary and proper for the
			 performance of its duties;
(8) To
			 investigate complaints of possible violations of any of the provisions of
			 M.G.L. c. 112, §§ 60A through 60O and/or 231 CMR, or of the accepted
			 standards of practice for architects;
(9) To take such disciplinary action as may
			 be appropriate in the case of any violation of any of the provisions of M.G.L.
			 c. 112, §§ 60A through 60O or
			 231 CMR
			 2.00 through
			 4.00; and
(10) To perform such other duties and
			 functions as may be necessary and proper for the administration and enforcement
			 of M.G.L. c. 112, §§ 60A through 60O.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 2.00 - General Provisions › Section 2.04 - Board Procedures

Current through Register 1525, July 5, 2024
(1)
Board Meetings
. In addition to the two regular
			 meetings prescribed by law, the Board shall hold additional meetings at the
			 call of its Chairman or Secretary, who shall give due notice of the time and
			 place of such meetings. Three members of the Board shall constitute a quorum
			 for the transaction of business, but not less than three like votes shall
			 constitute a majority necessary for official action by the Board. Executive
			 sessions shall be conducted only for the purposes authorized by M.G.L. c. 30A,
			 § 21, and shall be conducted in accordance with that statute.
(2)
Officers
.
			 Officers of the Board shall be elected and shall serve as prescribed by M.G.L.
			 c. 13, § 44B.
(3)
Membership in NCARB
. The Board shall maintain
			 membership in the National Council of Architectural Registration Boards
			 (NCARB). The Board shall maintain up-to-date information on the policies and
			 procedures adopted from time to time by NCARB, and shall cooperate with NCARB
			 in establishing and maintaining uniform standards of professional qualification
			 throughout the United States and Canada.
(4)
Membership in
			 NECARB
. The Board shall maintain membership in the New England
			 Conference of Architectural Registration Boards (NECARB).
(5)
Roster
. The
			 Board shall establish and maintain an annual roster of registered architects in
			 the Commonwealth of Massachusetts, which shall show the name, registration
			 number and last known mailing address of each such registered
			 architect.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 2.00 - General Provisions › Section 2.05 - Severability

Current through Register 1525, July 5, 2024
If any provision of 231 CMR, or the application of any such
				provision to any person or circumstances, is held to be invalid by a court of
				competent jurisdiction, such invalidity shall not affect other provisions or
				applications of 231 CMR which can be given effect without the invalid provision
				or application. To this end, the provisions of 231 CMR are declared to be
				severable.
Code of Massachusetts Regulations › 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS › Title 231 CMR 3.00 - Procedures for Application, Examination, Registration, and Renewal › Section 3.01 - Application Procedures

Current through Register 1525, July 5, 2024
(1)
Filing of Applications
. Applications for registration
			 as an architect shall be made on forms approved by the Board. Application forms
			 shall be filled in completely and shall be accompanied by a photograph and a
			 check or money order in the amount of the fee established by the Executive
			 Office of Administration and Finance pursuant to M.G.L. c. 7, § 3B.
			 Supplemental applications shall be completed in full and shall include copies
			 of all information which accompanied the original application.
(2)
Board Action on
			 Applications
. When an application is complete, fully processed and
			 ready for Board action, it shall be reviewed by the Board. The applicant will
			 be notified of the Board's decision in writing.
(3)
Interviews
. The
			 Board may, at its discretion, conduct informal interviews with an applicant, or
			 with any person supplying information in connection with any applicant's
			 application, for the purpose of obtaining additional information or clarifying
			 any ambiguities in any information concerning an applicant or
			 registrant.
(4) In
lieu
of accepting applications directly, the Board may require
			 applicants to submit some or all required materials to NCARB pursuant to a
			 delegation from the Board. NCARB shall thereafter notify the Board when an
			 applicant is eligible for registration pursuant to the requirements of
			 231
			 CMR 3.02 and
			 3.03 have
			 been met.