Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 29.00 - Civil Administrative Penalties › Section 29.02 - Definitions

Current through Register 1525, July 5, 2024
As used throughout
				454 CMR
				29.00, the following terms shall have the following
				meanings, unless the context clearly indicates otherwise:
Civil Citation
. A citation issued by
				the Director or his or her representative pursuant to
				454 CMR
				29.00 for a violation or violations of a law or
				regulation enforced by the Department, as set forth at
				454
				CMR 29.01(2). Such citation
				shall identify each violation upon which it is based and may include an Order
				that the infraction be rectified or a civil penalty imposed or both.
Civil Penalty
. A monetary penalty,
				payable to the Commonwealth of Massachusetts, ordered as part of a Civil
				Citation issued by the Director or his or her representative pursuant to
				454 CMR
				29.00 for a violation or violations of a law or
				regulation enforced by the Department, as specified in
				454
				CMR 29.01(2).
Department
. The Department of Labor
				Standards of the Massachusetts Executive Office of Labor and Workforce
				Development.
Director
. The Director of the
				Massachusetts Department of Labor Standards who has been authorized to
				administer and enforce
				454 CMR
				29.00 by the Secretary of the Executive Office of
				Labor and Workforce Development.
License
. Any document issued by the
				Department of Labor Standards pursuant to M.G.L. c. 111, § 197B; M.G.L. c.
				140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through
				6F½ that is nominally referred to as a license, certification, or
				registration and which authorizes the holder to exercise a certain privilege
				that would otherwise be prohibited without such license, certification, or
				registration.
Order
. Any order issued by the
				Director or his or her representative under the provisions of
				454 CMR
				29.00 including, but not limited to, an order for the
				cessation of all relevant activities of the person, firm, corporation, or other
				entity for failure to comply with the requirements of a Civil Citation.
Specific Intent
. The mental purpose,
				aim, or design to accomplish a specific act prohibited by a law or regulation
				enforced by the Department, as specified in
				454
				CMR 29.01(2).
Violation
. Any act or failure to act
				that results in one or more of the following:
(a) engaging in any business or other activity without a
				license, certification, registration, or approval whenever such a license,
				certification, registration, or approval is required by the applicable
				regulation or statute.
(b) engaging in any activity prohibited by, or not in
				compliance with, any requirement of an applicable regulation or statute.
(c) not fully doing, or not doing in a timely fashion, anything
				required by any applicable regulation or statute.
Written Warning
. A warning issued in
				writing by the Director or his or her representative pursuant to
				454 CMR
				29.00 for a violation or violations of a law or
				regulation enforced by the Department, as set forth at
				454
				CMR 29.01(2).