reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 27.00 - Boston-logan International Airport - Peak Period Surcharge On Aircraft Operations › Section 27.12 - Violation - Penalties

Current through Register 1525, July 5, 2024
Each Operation which is subject to the Peak Period surcharge in
				effect under
				740 CMR
				27.06 but which is not reported by the
				Operator or its agent if such reporting is required under
				740 CMR
				27.10, or for which the required surcharge is
				not paid by the Operator or its agent, shall constitute a separate violation
				subject to payment of a fine by the Operator in an amount up to three times the
				Peak Period surcharge due, subject to the maximum limitation on such
				fines.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 27.00 - Boston-logan International Airport - Peak Period Surcharge On Aircraft Operations › Section 27.13 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				740 CMR 27.00, or the
				application thereof to any Operator or class of Operator is held
				unconstitutional or otherwise unlawful by any court or governmental agency of
				competent jurisdiction, or violative of any contractual covenant between the
				Authority and any governmental agency, the remainder of
				740 CMR 27.00 and their
				application to other Operators shall not be affected thereby.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 27.00 - Boston-logan International Airport - Peak Period Surcharge On Aircraft Operations › Section 27.14 - Appendix A

Current through Register 1525, July 5, 2024
APPENDIX A
Number of Exemptions Available Based Upon Review of August 2003
				Flight Schedule (with allowance for Extra Sections)
Between Boston-Logan International Airport and Airports
				Qualifying for Exemptions (with assumed Peak Period of 4:00P.M. to 7:59 P.M.)
Community
Flights
Daily
4:00 p.m 7:59 p.m
Illustrative Exemptions
ACK
Nantucket
64
17
17
AUG
Augusta
4
0
4
BGR
Bangor
22
4
4
BHB
Bar Harbor
9
3
4
HYA
Hyannis
14
4
4
MVY
Martha's Vineyard
47
13
13
PQI
Presque Isle
6
2
4
PVC
Provincetown*
30
9
9
PWM
Portland
14
4
4
RKD
Rockland
7
1
4
RUT
Rutland
6
1
4
Total
223
58
71
* Provincetown is not a designated market under the federal
				Essential Air Service Program Its inclusion in 740 CMR 27.14:
Appendix
				A
is for illustrative purposes only and assumes that it is eligible
				for and will apply for a Special Circumstances Exemption under
				740 CMR
				27.08.
Source
: Official Airline Guide hourly
				schedules with allowance for Extra Sections based on Massport
				records.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.02 - Compliance with Federal Transportation Security Regulations

Current through Register 1525, July 5, 2024
All Persons shall comply with all federal transportation
				security regulations, standards, directives, orders, and other published
				guidance, including but not limited to 49 CFR Part 1540 and 49 CFR 1542, and
				TSA security directives (collectively, "TSR") and any provision of the
				Authority's TSA-approved Airport Security Program of which they have been made
				aware. Only a violation of a TSR, as determined by TSA or a court of competent
				jurisdiction, shall constitute a violation of a TSR under
				740 CMR
				30.03.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.03 - Sterile Area Property Screening

Current through Register 1525, July 5, 2024
No Person shall transport any Property into a Sterile Area at
				an Airport unless such Property has first been screened by the TSA, or a Person
				authorized by the TSA to conduct such screening, except with the prior
				authorization by Massport or the TSA.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.04 - Firearms, Ammunition and Dangerous Weapons

Current through Register 1525, July 5, 2024
(1) No person except federal or state law
			 enforcement officers, United States Postal Service, United States Customs and
			 Border Patrol, Air Carrier employees approved by the TSA, members of the Armed
			 Forces of the United States and Massachusetts National Guard on official duty
			 and licensed armored truck service guards with the prior approval of the
			 Authority, who are authorized and validly licensed to carry Firearms,
			 ammunition and explosives in Massachusetts, shall carry loaded or otherwise
			 operational Firearms or explosives on the Airport. All persons shall, promptly
			 upon entering the passenger terminal or General Aviation Terminal, as the case
			 may be, deliver any unloaded Firearms and ammunition, as they are carrying and
			 licensed to carry under Massachusetts law to the appropriate Air Carrier agent
			 for transport in the hold of the aircraft, in the case of commercial flights,
			 or directly to the aircraft, in the case of general aviation aircraft. For
			 transport on an Air Carrier aircraft, the Firearm shall be delivered to the
			 agent of the Air Carrier and shall, at all times while on the Airport, be
			 unloaded and contained in a locked gun case; ammunition shall be stored in a
			 separate container, all in accordance with all applicable state and federal
			 law. For transport on a general aviation aircraft, Firearms shall, in all
			 instances be unloaded and either fitted with a trigger lock that disables the
			 trigger or disassembled for shipment or shall be otherwise rendered unusable by
			 removing the bolt or otherwise disassembling the firing mechanism, as
			 applicable. All ammunition shall be stored in a separate box or bag.
(2) No person, except federal or state law
			 enforcement officers, U.S. Postal Service, United States Customs and Border
			 Patrol officers, members of the Armed Forces of the United States and
			 Massachusetts National Guard on official duty, or other Persons authorized by
			 the Authority or TSA, shall possess either on the individual's person or in her
			 accessible Property within a Sterile Area of an Airport, any item or material
			 prohibited by federal transportation security regulations (including but not
			 limited to 49 CFR Part 1540, 49 CFR Part 1542 ) or any TSA regulation,
			 standard, order, directive or other published guidance from being carried onto
			 an Aircraft in commercial service.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.05 - Firearms, Ammunition, Explosives, and Hoax Devices

Current through Register 1525, July 5, 2024
Except as provided in
				740 CMR
				30.04, no person shall possess, transport or
				carry a Firearm, ammunition, explosive, explosive device or hoax device (as
				that term is defined in M.G.L. c. 266, § 102A½) on the Airport. The
				penalty for violation of
				740 CMR
				30.00 shall be the maximum fine the Authority is
				authorized to assess.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.06 - Proper Display of Identification and Security Media

Current through Register 1525, July 5, 2024
Security Media and TVPs, as the case may be, must be displayed
				by the Holder on her outermost garment, above the waist and below the neck,
				when entering and at all times while within Restricted Area by virtue of her
				Security Media or TVP.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.08 - Display of TVPs in the SIDA and Sterile Areas; Escorting Requirements

Current through Register 1525, July 5, 2024
A person issued a TVP must be escorted by her Sponsor's
				Authority-authorized designated escort (who must be properly displaying valid
				Security Media that grants him unescorted access privileges) and must properly
				display (in compliance with
				740 CMR
				30.06 ) her TVP when entering and at all
				times while within a SIDA or Sterile Area.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.09 - Limitation On Use of Security Media

Current through Register 1525, July 5, 2024
Security Media shall be displayed and used to access a
				Restricted Area only when the Holder is on duty and performing the functions
				for which she is authorized and employed by her Sponsor to perform. Security
				Media shall not be used to avoid screening of the Holder or of items being
				transported into a Sterile Area of the Airport.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.10 - Security Media and Identification Media

Current through Register 1525, July 5, 2024
(1) All Security Media and Identification
			 Media issued by the Authority are at all times the property of the Authority.
			 The Authority may issue, decline to issue, suspend or revoke Security Media,
			 Identification Media or Restricted Area access privileges at an Airport in the
			 reasonable exercise of its discretion.
(2) A person to whom Security Media or
			 Identification Media has been issued by the Authority or her Sponsor, shall
			 deliver and surrender such Security Media or Identification Media to the
			 Authority:
(a) on or before the expiration
			 date of the Security Media or Identification Media;
(b) on or before the termination date of the
			 Security Media or Identification Media Holder's employment with her Sponsor or
			 employer at the Airport;
(c)
			 immediately when the Security Media or Identification Media Holder's
			 operational need for access to the area for which the media authorized her
			 access no longer exists; or
(d) on
			 or before the date specified in any request by the Authority, whether delivered
			 orally or in writing.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.11 - Security Media or Identification Media Holder's Duty to Update

Current through Register 1525, July 5, 2024
A Holder of Security Media or Identification Media and her
				Sponsor are under a continuing joint and several obligation to notify the
				Authority of any change in information provided to the Authority in connection
				with the issuance of her Security Media or Identification Media, including, but
				not limited to, any change in her place of residence. Notice by the Authority
				to a Holder of Security Media or Identification Media or Sponsor mailed or
				delivered to the Holder of the Media or her Sponsor, as the case may be, at the
				latest address on file with the Authority shall for all purposes constitute
				sufficient and adequate notice to the Holder of the media or her Sponsor,
				respectively.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.12 - Denial of Request for Identification Media or Security Media

Current through Register 1525, July 5, 2024
Any person whose application for the initial issuance or
				renewal of any Security Media, or any Identification Media, is denied, shall be
				ineligible to re-apply for such media for a period of two years following
				issuance of such denial, except at the discretion of the Authority, taking into
				consideration the reason for such denial.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.13 - Entering a Restricting Area

Current through Register 1525, July 5, 2024
No person shall enter or be present in a Restricted Area of an
				Airport unless authorized by the Authority or TSA, as the case may be, to enter
				or be present in that area.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.14 - Entry Through ACS Doors

Current through Register 1525, July 5, 2024
(1) Except
			 otherwise provided in 740 CMR 30.14(3), No person shall Piggyback, or attempt
			 to Piggyback, or allow or attempt to allow any other person to Piggyback
			 through any ACS Door into a Sterile Area or SIDA.
(2) A person entering a Sterile Area or SIDA
			 through an ACS Door shall provide the Personal Identification Information
			 required for authorized access through that ACS Door. A person who fails to
			 properly provide her Personal Identification Information, as required, shall be
			 considered to have entered and to be present in the Sterile Area or SIDA
			 without authorization, and shall be subject to penalties for violation of
			 740 CMR
			 30.00, as well as prosecution for trespass.
(3) A person who has been authorized by the
			 Authority to have escorted access to a SIDA or Sterile Area shall not be
			 considered to have Piggybacked through an ACS Door if she was escorted by a
			 person properly displaying his Authority-issued Security Media that grants him
			 unescorted access authority through that ACS Door.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.15 - Duty to Secure an ACS Door

Current through Register 1525, July 5, 2024
Any Person opening, using, accessing or passing through, or
				otherwise responsible for the security of an ACS Door shall lock or secure that
				ACS Door immediately after passing through it or when it is not in use, as the
				case may be. That person shall be strictly responsible to prevent any
				unauthorized access to a Restricted Area through that door until the door is
				again locked.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.16 - Escorting Through Access Control System Doors

Current through Register 1525, July 5, 2024
Except with the permission of the Authority, only a person
				displaying a valid Massport-issued TVP may be escorted through an ACS Door, and
				only by a person authorized by the Authority to act as an escort and complying
				with the terms and conditions for escorting in 740 CMR 30.16. The escorting of
				a person not authorized to be escorted through an ACS Door shall constitute a
				violation of 740 CMR 30.16 by both the person escorted and the person
				escorting.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.17 - Escorting Privileges

Current through Register 1525, July 5, 2024
Only a person to whom the Authority has issued Security Media
				granting unescorted access privileges, and who is properly displaying such
				media, may escort a person authorized by the Authority to be escorted in a
				Restricted Area. The escorting person shall accompany and monitor the escorted
				person in a manner that ensures that the escorted person is engaged only in
				activities for which escorted access was granted, and, if not, shall
				immediately notify the Massachusetts State Police and Massport Operations.
				Failure to comply with 740 CMR 30.17, whether by the escorting person and/or
				escorted person, shall constitute a violation by the escorting person. The
				escorting person must remain with the escorted person until the escorted person
				exits the Restricted Area.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.18 - Challenge

Current through Register 1525, July 5, 2024
A Holder of Security Media shall challenge, in accordance with
				the SIDA training completed as a condition of the issuance of her Security
				Media, any person who, in a SIDA, fails to display valid Security Media that
				authorizes that person access to a SIDA. A Holder of Security Media shall
				immediately report to the Authority and to the Massachusetts State Police the
				presence of any such person in a SIDA.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.19 - ACS Door Alarms

Current through Register 1525, July 5, 2024
(1)
			 Except in an emergency, no Person shall activate an ACS Door alarm, unless
			 authorized by the Authority to do so. The penalty for activating an ACS Door
			 alarm without permission shall be $50.00.
(2) Any person who activates an ACS Door
			 alarm or an alarm at a door that allows access to or from a Restricted Area
			 shall:
(a) clear the alarm;
(b) notify the State Police or Massport
			 Operations immediately;
(c) remain
			 at the alarm location until otherwise directed by the State Police or Massport
			 Operations personnel;
(d)
			 immediately identify herself to the responding police officer or Operations
			 personnel as the person who activated the alarm. The penalty for the failure to
			 comply with any provision of 740 CMR 30.19(2) shall be $250.00.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.20 - Removal from and Suspension of Access Privileges to Secured Areas

Current through Register 1525, July 5, 2024
(1) Any person
			 observed violating any provision of
			 740 CMR
			 30.00 or an Airport security regulation, rule or
			 directive or a TSR may be immediately removed from a Restricted Area of the
			 Airport and her Security Media may be confiscated and immediately
			 deactivated.
(2) Access to any
			 SIDA, Sterile Area or Restricted Area by an individual determined by the
			 Authority to have violated a provision of
			 740 CMR
			 30.00, may not be authorized:
(a) before any penalty assessed and/or
			 remedial action imposed as a sanction in connection with the violation has been
			 satisfied; or
(b) while any
			 administrative or judicial proceeding in connection with the violation is
			 pending.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.21 - Use of Cameras and Other Recording Equipment

Current through Register 1525, July 5, 2024
The use of a camera or electronic image recording equipment in
				a Restricted Area of an Airport that could reasonably be perceived as recording
				or attempting to record the image of an Airport security or emergency response
				measure is prohibited, unless authorized by the Authority.
At the Authority's request, the user or owner shall surrender
				any media reasonably believed to have been used to store photographic or
				electronic images of a security or emergency response measure in a Restricted
				Area of an Airport. The Authority may confiscate any such media if the owner or
				user refuses to surrender it on request.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.22 - Reporting of Threat Information, Incidents or Suspicious Activity

Current through Register 1525, July 5, 2024
All Air Carriers and tenants, their employees and all Holders
				of Security Media or Identification Media at an Airport shall promptly report
				to the Massachusetts State Police all threat information, or information
				regarding incidents or suspicious activities at or related to an Airport,
				immediately upon learning of such information.
Incidents, suspicious activities and threat information may
				include, but are not limited to, any incidents of interference with a flight
				crew, all bomb threats, specific and non-specific, any information relating to
				the possible surveillance of an Aircraft or Airport facility or security
				measure, and any communication received by an Air Carrier or tenant, their
				employees or any Holders of Security Media or Identification Media, that could
				indicate a potential threat to civil aviation or to persons or property at an
				Airport.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.23 - Unattended Property

Current through Register 1525, July 5, 2024
No Person shall leave any Property unattended for any period of
				time, anywhere within the boundaries of an Airport, except as authorized by the
				Authority. Any unattended Property may be confiscated by the Authority or State
				Police and the Person responsible for such item shall be subject to the
				sanctions provided in
				740 CMR
				30.00.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.24 - Mandatory Marking of Tools

Current through Register 1525, July 5, 2024
Each Air Carrier ("AC"), Fixed Base Operator ("FBO") and
				Aviation Service Operator ("ASO") at Boston-Logan International Airport shall
				properly mark all portable cutting tools that may be used in the cabin of an
				Aircraft at Logan by the AC, FBO and ASO, or their respective employees,
				agents, or contractors.
The mark shall consist of two components in the order that
				follows:
(1) the designation "BOS";
			 and
(2) the airline code or
			 Massport-approved AC, FBO or ASO identifier,
e.g.
,
BOS UA
.
The mark shall be engraved on the portable cutting toolor
				indelibly placed on the portable cutting tool. The mark shall be legible and
				clearly visible.
No person shall carry, transport, possess or place in the cabin
				of Aircraft at BOS-Logan Airport, a portable cutting tool that is not properly
				marked in compliance with
				740 CMR
				30.00.
ACs, FBOs and ASOs shall, no less frequently than quarterly,
				conduct an audit of portable cutting tools to ensure that all such tools are
				accounted for.
Whenever an AC, FBO or CSO has reason to believe a portable
				cutting tool is unaccounted for, the AC, FBO or CSO shall immediately notify
				the Massachusetts State Police.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.25 - Preventing Unauthorized Access to Aircraft

Current through Register 1525, July 5, 2024
All Aircraft shall be secured to prevent unauthorized access or
				unauthorized operation. With respect to each Aircraft, it shall be the joint
				and several responsibility of the Aircraft owner, Aircraft operator, pilot in
				command, and Aircraft bailee, to ensure that the Aircraft is effectively
				secured to prevent unauthorized access to and unauthorized operation of the
				Aircraft.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.26 - TSA Prohibited Items

Current through Register 1525, July 5, 2024
A Person who has been authorized by the Authority to possess a
				Prohibited Item not otherwise permitted by the TSA to be carried beyond a TSA
				passenger screening checkpoint, on specifically designated premises within a
				Sterile Area of the Airport, must ensure that such item: remains on the
				designated premises; is secured in a manner that prevents unauthorized use; and
				can be produced immediately upon request by the Authority. If a Prohibited Item
				is removed from the designated premises, left unsecured or lost, mislaid,
				stolen or otherwise unaccounted for, and the person responsible for such item
				fails to immediately notify the Authority thereof, such person shall be subject
				to a fine of $500.00. If a Prohibited Item is removed from the premises, left
				unsecured or lost, mislaid, stolen or otherwise unaccounted for, and the person
				responsible for such item immediately notifies the Authority thereof, such
				person shall be subject to a fine of $250.00.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.27 - General Aviation and Charter Passenger Screening at BOS-Logan International Airport

Current through Register 1525, July 5, 2024
Regardless of the location of enplaning, private charter and
				general aviation Aircraft operators and FBO's serving private charter and/or
				general aviation operations at the Boston-Logan International Airport shall
				ensure that all persons and property boarding private charter or general
				aviation Aircraft are screened for weapons, incendiaries and explosives, by
				persons approved by the TSA, to the extent TSA approves such persons.
Special Aircraft operations, the security for which is provided
				or sanctioned and assured by a duly authorized department or agency of the
				federal government (
e.g.
, United States Secret Service,
				Department of Defense, Department of State), at the request of such department
				or agency and based on the national interest, may be excepted from any or all
				the requirements of 740 CMR 30.27.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.28 - Explosive-screening of Packages Presented to Air Carriers in Passenger Terminals

Current through Register 1525, July 5, 2024
An Air Carrier to which a package, parcel, luggage, or object
				of any form or description ("Package"), has been presented, within a passenger
				terminal (
e.g.
, at a ticket counter), for placement on an
				Aircraft used in commercial passenger service, shall ensure that such Package
				is subjected to TSA screening prior to being placed on board an
				Aircraft
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.30 - Joint and Several Responsibility of Holders and Sponsors

Current through Register 1525, July 5, 2024
Any failure by a Holder of Security Media or Identification
				Media to comply with the provisions of
				740 CMR
				30.00 shall constitute a violation of that provision
				of
				740 CMR
				30.00 by the Holder of Security Media and the Holder's
				Sponsor.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.33 - Reimbursement for Penalties

Current through Register 1525, July 5, 2024
Any Person who causes or is deemed responsible for any security
				violation which results in the imposition of a monetary penalty upon the
				Authority, shall reimburse the Authority for the full amount of such
				penalty.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.34 - Reimbursement for Evacuation

Current through Register 1525, July 5, 2024
If the act(s) or omission(s) of any person, including but not
				limited to an Air Carrier, its agent(s), employee(s) or contractor(s), creates
				or contributes to a condition that, in the opinion of the Authority, the State
				Police or the TSA, jeopardizes or adversely affects the security status of any
				Airport facility or portion of any Airport facility so as to warrant or require
				the evacuation of all or a portion of that facility, such person shall be
				responsible for and shall pay all costs of, and associated with, such
				evacuation.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.35 - Passenger Manifests

Current through Register 1525, July 5, 2024
In the event of a public safety, public health or security
				situation, condition or incident at an Airport or affecting an Aircraft whose
				destination is or most recent departure point was an Airport, which situation,
				condition or incident involves a risk or potential risk to the public health or
				safety, an Aircraft operator shall promptly provide, at the request of the
				Authority, a complete and accurate passenger manifest for that flight, which
				shall include the names and other relevant identifying information of all
				passengers at, departing from or en route to or from an
				Airport.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.36 - Prima Facie Evidence

Current through Register 1525, July 5, 2024
Any written citation or notice of violation issued by the
				Authority, Massachusetts State Police or TSA, with regard to a violation of
				740 CMR
				30.00 shall be prima facie evidence of the commission
				of such violation by the Person to whom the citation or notice of violation was
				issued and of the facts giving rise to such violation, as set forth in the
				citation or notice.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.37 - Compliance with Sanctions

Current through Register 1525, July 5, 2024
The Authority, without limiting its ability to do so otherwise,
				may suspend, revoke, or decline to issue any Authority-issued Security Media,
				Identification Media, Restricted Area access privileges or Sponsoring
				privileges of any Person who fails to pay a fine or to comply with a sanction
				imposed by the Authority in connection with a violation of the Authority's
				regulations, or of any Person whose financial accounts with the Authority are
				not in good standing.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 30.00 - Airport Security › Section 30.99 - Penalties for Violation

Current through Register 1525, July 5, 2024
For each violation of
				740 CMR
				30.00, except as otherwise provided in
				740 CMR
				30.00, the following penalties may be imposed:
(a) A fine in an amount not to exceed the
			 maximum fine the Authority is authorized to impose for each day on which the
			 violation occurs; and/or
(b)
			 Suspension of and/or disqualification for Security Media or Identification
			 Media or for sponsorship of Security Media or Identification Media for such
			 time as the Authority, based on the assessed level of risk to security and
			 public safety, and in the reasonable exercise of her discretion, may deem
			 appropriate; and/or
(c) Suspension
			 or revocation of any or all privileges to conduct business or commercial
			 activity at the Airport for such period of time as the Authority, based on the
			 assessed level of risk to security and public safety, and in the reasonable
			 exercise of its discretion, may deem appropriate; and/or
(d) In addition to any penalty or sanction
			 provided in
			 740 CMR
			 30.00, any person determined by the Authority to have
			 violated any provision of
			 740 CMR
			 30.00, maybe denied access to any Airport or any
			 portion there of, for such period of time as the Authority deems appropriate,
			 based on the assessed level of risk to security and public safety in the
			 reasonable exercise of its discretion; and/or
(e) Referral for criminal prosecution, as
			 applicable.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 31.00 - Massport-owned Or -operated Facilities And Properties Public Safety › Section 31.01 - Conduct

Current through Register 1525, July 5, 2024
(1) No person
			 shall, at or upon an Authority-owned or operated facility or property, do or
			 omit to do any act, if the doing or omission thereof endangers or is likely to
			 endanger any person or property. Nothing contained in 740 CMR 31.01(1) shall be
			 construed as an affirmative obligation to do or refrain from doing anything
			 that could reasonably be expected to involve a risk of personal
			 injury.
(2) No person shall commit
			 any disorderly, obscene, threatening, indecent, violent or unlawful act,
			 threaten any person, or commit any nuisance at or on any an Authority-owned or
			 operated facility or property.
(3)
			 Any person who, on more than one occasion during any consecutive 12 month
			 period, neglects, fails or refuses to comply with any provision of 740 CMR
			 1.00
et seq.,
the intent of which provision is to ensure the
			 orderly conduct of operations or commercial activity at an Authority-owned or
			 operated facility or property, shall be considered to have committed a
			 disorderly act, under 740 CMR 31.01(2).
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 31.00 - Massport-owned Or -operated Facilities And Properties Public Safety › Section 31.02 - Unattended Property

Current through Register 1525, July 5, 2024
(1) No person
			 shall leave any personal property unattended on or about an Authority-owned or
			 operated facility or property.
(2)
			 Each calendar day the personal property is left unattended in violation of 740
			 CMR 31.02(1) shall be a separate offense.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 31.00 - Massport-owned Or -operated Facilities And Properties Public Safety › Section 31.99 - Penalties

Current through Register 1525, July 5, 2024
Notwithstanding any provision of 740 CMR to the contrary, the
				penalty for violation of any provision of
				740 CMR 31.00 shall
				be:
(1) a fine in an amount not to
			 exceed the maximum fine the Authority is authorized to impose; and/or expulsion
			 and/or
(2) exclusion from such
			 areas of Authority-owned or operated facilities and properties as the Authority
			 may designate for such period of time as the Authority, may deem appropriate in
			 the interest of public safety; and/or
(3) suspension or revocation of any or all
			 privileges to conduct commercial activity on designated Authority-owned or
			 operated facilities and properties for such period of time as the Authority,
			 may deem appropriate.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.02 - General Requirements

Current through Register 1525, July 5, 2024
(1) Each LHA shall
			 administer its operations in a fair and consistent manner. Such administration shall
			 include but not be limited to;
(a) creating and
			 maintaining a website or web page and keeping and posting key information on its
			 website, in its central office and on the wall of the community center or other
			 conspicuous location for each of its developments in accordance with the
			 Department's guidelines, so that tenants, applicants, local and state officials and
			 the general public have a reasonably convenient means to communicate with the LHA
			 and to take steps necessary to access the LHA's programs and opportunities.
			 Information to be posted by the LHA shall include: LHA office hours, the names,
			 addresses, phone numbers, email addresses or other means of contact for the LHA's
			 Executive Director and Assistant Director (if any), all LHA board members, and
			 senior staff; information for tenants on how to report maintenance problems; copies
			 of its Annual Plan, and; any other items required under
			 760 CMR 4.00.
(b) properly maintaining its property within
			 budget.
(c) using administrative and
			 financial procedures and policies prescribed in the Department's
			 guidelines.
(d) posting in a conspicuous
			 place in the LHA's central office and on its website or webpage, a notice stating
			 that any individual who believes he or she has been denied employment or housing,
			 discharged, or has suffered discrimination in compensation or in the terms,
			 conditions, or privileges of employment or housing on the basis of race, color,
			 religious creed, national origin, sex, sexual orientation, gender identity, genetic
			 information, age, ancestry, disability, marital status, veteran status, membership
			 in the armed forces, presence of children, or political beliefs, receipt of public
			 assistance rental assistance or housing subsidy or any other basis prohibited by
			 law, has the right to file a complaint with the Massachusetts Commission Against
			 Discrimination (MCAD).
(e) adopting and
			 enforcing appropriate anti-discrimination policies, which meet the requirements of
			 applicable law, including, a policy against sexual and other discriminatory
			 harassment, a language access plan, and a policy for reasonable accommodation on
			 account of disability.
(f) giving to an
			 applicant or tenant, who is known not to speak English, information in commonly
			 spoken foreign languages that states that "this is an important document, please
			 contact the (name of the local housing authority) at (phone number of local housing
			 authority) for language assistance".
(g)
			 participating in the Capital Assistance Program as described in
			 760 CMR
			 11.08:
Capital Assistance
			 Program
, when required to do so or when such participation would be
			 beneficial to the operation of the LHA.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.03 - Code of Conduct

Current through Register 1525, July 5, 2024
(1)
Standards in M.G.L. c. 268A
.
(a)
Applicability to LHA
.
			 M.G.L. c. 268A specifies standards of conduct for all Massachusetts public officials
			 and employees. Board members, employees, and professional consultants employed by
			 LHAs are considered to be public officials or employees subject to these
			 standards.
(b)
Prohibitions
. M.G.L. c. 268A prohibits improper conduct by
			 public officials and employees. The statute also prohibits conduct which appears to
			 be improper. An LHA board member or employee cannot have a financial interest in
			 contracts with the LHA. An LHA board member or employee cannot accept gifts to
			 influence a decision, and he or she cannot accept compensation, other than that paid
			 by the LHA, in connection with any matter in which the LHA has an interest. The
			 statute contains other standards of conduct that apply to board members and
			 employees. When questions arise as to whether certain conduct may be improper under
			 the statute, the affected person should consult the State Ethics
			 Commission.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.04 - Funding and Hiring for LHA Employee Positions

Current through Register 1525, July 5, 2024
(1) In approving the recommended candidates,
			 salaries and wages in an LHA's budget, the Department shall determine that all of
			 the following conditions have been met:
(a) In
			 selecting its employees the LHA has followed all applicable hiring procedures (in
			 the case of the executive director, the Department's guidelines regarding hiring and
			 salaries and any other related guidance) which shall have been approved by the
			 Department and has complied with the LHA's personnel policy and any other applicable
			 legal requisites.
(b) Each employee
			 meets the minimum qualifications for his or her position set forth in the LHA's job
			 description and in the advertisement for the position.
(c) At the time of hire, Criminal Offender Record
			 Information (CORI) discloses no dispositions of criminal matters reflecting the
			 potential employee's dishonesty, untrustworthiness, unreliability or unsuitability
			 to perform the duties of the position or reflecting activity, which if repeated by
			 an employee, would endanger the safety or security of tenants, household members,
			 employees, or guests or the security of their property or the property of the
			 LHA.
(d) Pursuant to M.G.L. c. 121B,
			 § 7A, the Department shall establish guidelines setting standards for
			 employment agreements to be executed by each LHA and its executive director. The
			 Department may review all contracts between LHAs and executive directors and all
			 terms for payments or monetary remuneration relevant to state payments, and shall
			 review all such contracts and terms for payments or monetary remuneration worth more
			 than $100,000
per annum
. The Department may strike contract
			 provisions that do not conform to the guidelines.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.05 - Equal Opportunity Officer

Current through Register 1525, July 5, 2024
Each LHA shall designate a highly placed official or employee as the
				Equal Opportunity Officer (EO Officer). LHAs shall forward the name of the
				individual so designated to the Department's Affirmative Action Officer and shall
				notify the Affirmative Action Officer when a new EO Officer is
				designated.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.07 - LHA Fair Housing Marketing Plan

Current through Register 1525, July 5, 2024
(1)
When
			 a Fair Housing Marketing Plan is Necessary
. All LHAs shall engage in
			 and promote fair housing and engage in tenant selection practices so as to prevent
			 discrimination and to promote equal opportunity. The Department shall from time to
			 time review an LHA's tenant selection policies or practices. Each LHA shall
			 biennially determine whether the percentage for each minority group in the LHA's
			 housing by program is significantly below the percentage for the minority group in
			 the general population of the city or town or in the general population of the
			 applicable metropolitan statistical area, whichever is greater, and, if so, shall
			 update and implement its written fair housing marketing plan (FHMP) to ensure
			 affirmative outreach to the minority group. The term "minority" shall have the
			 meaning provided in
			 760 CMR
			 5.03:
Definitions
.
(2)
Contents of the FHMP
.
			 An LHA's FHMP shall include, but not necessarily be limited to, the following:
(a) Specification of the percentages for each
			 minority group in the general population of the city or town and in the general
			 population of the metropolitan statistical area; based on the most current available
			 census data.
(b) Provision for
			 correction of any procedures or policies which have had a negative effect on
			 applications by or selection of minorities or other classes of persons protected
			 under fair housing laws.
(c) A
			 description of special efforts which will be undertaken to attract applications from
			 members of under represented minority groups (
i.e
., minority groups
			 whose proportion among LHA tenants is less than their proportion of the general
			 population of the municipality or statistical area); such special efforts shall
			 include, but shall not necessarily be limited to, advertising in minority community
			 newspapers and media, and contacting minority community organizations. In any such
			 ad, the LHA shall include the logo and slogan "Equal Housing Opportunity" in type
			 size at least equivalent to other wording.
(d) A description of outreach efforts regarding
			 persons with disabilities. Such efforts shall include providing notice of accessible
			 units in accordance with M.G.L. c. 151B, § 4(7A).
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.08 - Ineligibility for Financial Assistance on Account of Civil Rights Non-compliance

Current through Register 1525, July 5, 2024
In deciding whether to approve any LHA application for state
				financial assistance or for federal assistance administered by the Department, the
				Department shall consider any history of civil rights noncompliance in accordance
				with
				760 CMR 47.00:
Affirmative
				Action Regulations Governing Recipients of EOCD/DCA Financial
				Assistance
.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.09 - Contracts for Goods, Services, Construction, Modernization, and Maintenance

Current through Register 1525, July 5, 2024
(1) Whenever an LHA intends to contract for goods,
			 services, construction, modernization, or maintenance, the LHA shall take
			 affirmative action to attract MBE and WBE suppliers, manufacturers, and contractors.
			 Records detailing affirmative action efforts under this section shall be kept by
			 LHAs, subject to review by the Department. Every contract for goods, services,
			 construction, modernization, or maintenance shall contain an article prohibiting
			 discriminatory employment practices by the contractor, subcontractor, manufacturer,
			 or supplier of goods or services on the basis of race, color, religion, national
			 origin, sex, sexual orientation, gender identity, genetic information, age,
			 ancestry, disability, marital status, veteran status, membership in the armed
			 forces, presence of children, or political beliefs, receipt of public assistance or
			 rental assistance or housing subsidy or any other basis prohibited by law. Each such
			 contract shall require the contractor to use best efforts to employ qualified
			 tenants for any positions which are open at the time the contract is awarded or
			 which become open during the term of the contract. Contracts shall be made pursuant
			 to Massachusetts law and shall not provide for indemnification of the contractor by
			 the LHA.
(2) With regard to every LHA
			 contract for the design, construction, or modernization of a state-aided public
			 housing development, having a contract value in excess of the dollar threshold
			 required under applicable rules of the SDO or successor agency(ies), the Department
			 shall require, whenever feasible, that minimum percentages of the design and
			 construction contract amounts shall be reserved to SDO-certified MBEs and WBEs.
			 These required minimum percentages shall be set forth in the Department's
			 instructions for use of its front end contracting documents. Each contract shall
			 specify the requisite percentages, if any, for MBE participation and for WBE
			 participation.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 4.00 - General Administration Of Local Housing Authorities › Section 4.10 - Collective Bargaining by an LHA

Current through Register 1525, July 5, 2024
(1)
Notice to the Department
. To safeguard the financial
			 interests of the Commonwealth and to reduce the possibility of disapproval of
			 increased state funding for a proposed collective bargaining agreement between an
			 LHA and an employee organization affecting programs receiving financial assistance
			 from the Department, the LHA shall take the following actions:
(a) Prior to bargaining with any employee
			 organization, the LHA shall notify the Department, in writing, of its intention to
			 begin collective bargaining, and promptly schedule and participate in a
			 pre-bargaining conference with the Department to discuss pertinent matters
			 pertaining to the collective bargaining. The LHA shall provide the Department with a
			 description of the bargaining unit.
(b)
			 At the pre-bargaining conference, the LHA and the Department shall review any
			 current or expired collective bargaining agreements and proposals it anticipates
			 will be made during negotiations either by the LHA or by the employee organization,
			 and the costs and impacts of the proposals on the LHA and its employees.
(c) At the end of negotiations, the LHA shall
			 submit a copy of the collective bargaining agreement to the Department for its
			 review.
(d) Whenever proceedings are
			 initiated before the Massachusetts Labor Relations Commission or any other
			 commission, board, agency or court which may affect the terms of a collective
			 bargaining agreement which is reviewable by the Department, the LHA shall provide
			 written notice to the Department of the initiation of the proceeding and shall
			 provide semiannual status reports thereafter.