reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 21.00 - Preparing And Filing Notices For The Central Register › Section 21.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				950 CMR 21.00 the following
				words have these meanings:
Agency
or
Public
				Agency
means every department, board, commission, division or
				authority of state, county and municipal government or subdivision of the
				foregoing or any other public entity created or established by the General
				Court to serve a public purpose.
Capital Facility Project
or
Project
means:
(a) an undertaking by an agency for the planning, design,
				construction, reconstruction, demolition, installation, repair or maintenance
				of a public facility; or
(b) the procurement of supplies and equipment that is incident
				to the design or construction of a public facility; or
(c) the sale, lease, rental, acquisition or disposition of real
				property by an agency.
Central Register
means the weekly publication by the Secretary of the Commonwealth
				which contains notices of contracting opportunities for capital facility
				projects if the project is estimated to:
(a) cost $100,000 or more for completed construction when the
				project is the procurement of design services, or
(b) cost $10,000 or more for construction, reconstruction,
				demolition, repair or maintenance; or purchase of materials; or
(c) be 2,500 square feet or more if the project is the sale,
				lease, rental, acquisition or disposition of real property.
Design Services
means any of the
				following services provided by any designer, programmer or construction manager
				in connection with a capital facility project for which a notice of contracting
				opportunity must be published in the
Central Register
when the
				construction or other cost of the completed project is expected to exceed
				$100,000:
(a) preparation of master plans, studies, surveys, soil tests,
				cost estimates or programs;
(b) preparation of drawings, plans or specifications, including
				but not limited to schematic drawings, preliminary plans and specifications,
				working plans and specifications or other administration of construction
				contract documents;
(c) supervision or administration of a construction contract;
				or
(d) construction management or scheduling.
Real Property
means land, and
				generally whatever is erected or growing upon or affixed to land.
Sub-bid Categories
means those classes
				of work required to be a separate section of a general contract if the class of
				work is estimated to exceed $20,000 pursuant to M.G.L. c. 149, § 44F.
				These sub-bid categories must be listed in the Notice of Contract Opportunities
				- General Contracts (CR-2) and the Contract Award (CR-4).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 21.00 - Preparing And Filing Notices For The Central Register › Section 21.03 - Notices Required to Be Published

Current through Register 1525, July 5, 2024
(1)
Design Services
. Notices of the procurement of design
			 services must be submitted for publication at least two weeks prior to the
			 deadline for acceptance of proposals when the completed construction or other
			 cost is expected to exceed $100,000. These projects are submitted on Form
			 CR-1.
(2)
General
			 Contracts
. Notices of a project that is construction,
			 reconstruction, renovation, repair, demolition or maintenance; or purchase of
			 materials must be submitted for publication at least two weeks prior to the
			 deadline. These projects are expected to exceed $10,000 and are submitted on
			 Form CR-2.
(3)
Disposition or Acquisition of Real Property
. Notice of
			 the rental, sale, lease, disposition or acquisition of real property must be
			 submitted for publication 30 days prior to the deadline for acceptance of
			 proposals. The real property consists of more than 2,500 square feet and is
			 submitted on Form CR-3.
(4)
Persons Who Have Obtained Plans or Specifications
.
			 Agencies shall submit for publication a weekly list of persons or firms that
			 obtain plans and/or specifications for a project. These names are listed on
			 Form CR-5.
(5)
Contract
			 Award
. Agencies shall submit for publication all contract awards
			 for capital facility projects previously published in the Central Register.
			 These are submitted on Form CR-4.
(6)
Debarred
			 Contractors
. The Division of Capital Asset Management and
			 Maintenance and the Office of the Attorney General shall submit for publication
			 the names of contractors prohibited from public contracting pursuant to M.G.L.
			 c. 149, §§ 27C and 44C.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 21.00 - Preparing And Filing Notices For The Central Register › Section 21.04 - Filing Requirements

Current through Register 1525, July 5, 2024
(1)
What to File
. All CR-1 through CR-5 notices published
			 in the Central Register shall be submitted on the electronic forms located on
			 the Secretary's website at
			 www.sec.state.ma.us/spr/sprcentral/infosubmit.htm.
(2)
When to File
.
			 The Central Register is published weekly on Wednesday. All notices must be
			 received by the Secretary by Thursday by 4:00 P.M. of the week preceding
			 publication. It is the responsibility of the agency to assure timely filing so
			 that provisions of law pertaining to public notice are met.
(3)
Where to File
.
			 All CR-1 through CR-5 notices for the Central Register shall be filed on the
			 Secretary's website at www.sec.state.ma.us/spr/sprcentral/infosubmit.htm. All
			 other notices (
i.e
. Debarred Lists,
etc
.)
			 shall be submitted via email in a PDF format to regs@sec.state.ma.us.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.01 - Scope and Application of Rules

Current through Register 1525, July 5, 2024
(1) The
			 following rules govern procedure in adjudicatory proceedings, conducted before
			 the Office of the Secretary of State, Supervisor of Public Records. These rules
			 are subject to the provisions of St. 1973 c. 981 and are subject to M.G.L. c.
			 30A as amended.
(2) The following
			 rules are limited to those hearings brought about as a result of M.G.L. c. 3,
			 § 45. In accordance with said provisions, any hearings brought under these
			 rules are limited in scope to hearings relating to proceedings for the
			 disqualification of persons acting as Legislative Agents, as defined in M.G.L.
			 c. 3, § 39. These rules are applicable only to the extent that the
			 proceedings conform to the definition of "Adjudicatory Proceedings" as defined
			 in M.G.L. c. 30A, § 1(1).
(3)
			 The Secretary of the Commonwealth may, at his discretion, designate the
			 Supervisor of Public Records to represent the Secretary in all aspects material
			 to these rules and to any subsequent hearings. The Supervisor is to have all
			 rights and powers designated to the Secretary of the Commonwealth.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Office Hours
. The offices of the Secretary of State
			 shall be open from 8:45 A.M. to 5:00 P.M. except Saturdays, Sundays and Legal
			 Holidays.
(2)
Date of
			 Receipt
. All communications, including correspondence, motions and
			 pleadings, shall be deemed to be filed or received on the date on which they
			 are actually received by the agency, party or other person.
(3)
Computation of
			 Time
. Computation of any period of time referred to in these rules
			 shall begin with the first day following that on which the act which initiates
			 such period of time occurs. When the last day of the period so computed is a
			 day on which the agency is closed, the period shall run until the end of the
			 following business day. In computing time, Saturdays, Sundays and legal
			 holidays are to be excluded.
(4)
Extension of Time
. It shall be within the discretion
			 of the agency to extend, for good cause shown, any time limit prescribed or
			 allowed by these rules. All requests for extensions shall be made by motion in
			 accordance with
			 950 CMR
			 31.03(6). The agency shall
			 notify all parties of its action upon the motion. Extensions shall be granted
			 only when the agency is satisfied that good cause has been shown, and not
			 otherwise.
(5)
Signatures
. Every application, notice, pleading,
			 complaint, motion, brief, memorandum and other document shall be signed by the
			 filing party or by one or more attorneys, in their individual names on behalf
			 of, and representing the said filing party. This signature constitutes a
			 certificate by the signer that he has read the document; that to the best of
			 his knowledge every statement contained in the instrument is true; and that it
			 is not interposed for delay.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.03 - Pleadings and Motions

Current through Register 1525, July 5, 2024
(1)
Initial Pleading.
(a)
			 An initial pleading, as used herein, shall refer to any paper or document by
			 which an adjudicatory proceeding may be commenced. Such papers or documents
			 shall include but not be limited to applications, petitions, charges,
			 complaints and appeals.
(b) Every
			 initial pleading, as far as possible, shall contain the following:
1. A title which indicates as appropriate the
			 nature of proceedings and the parties involved therein.
2. The complete name and address of the party
			 filing the pleading.
3. The name of
			 the agency to which the pleading is directed.
4. The name and address of all other
			 parties.
5. A clear and concise
			 statement of the facts upon which the pleading is maintained.
6. In the case of appellate proceedings, a
			 clear and concise statement of the appellant's objections to the decision or
			 action from which the appeal was taken.
7. A prayer setting forth the relief
			 sought.
8. If the party filing the
			 pleading is represented by counsel, the name and address of the
			 attorney.
(c) Any agency
			 may print or otherwise duplicate forms to be filled out and used in initial
			 pleadings. When such forms are available the agency may require their
			 use.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.04 - Service

Current through Register 1525, July 5, 2024
(1)
By the Agency
.
			 Service of complaints, orders, decisions, pleadings, motions, processes, and
			 other documents of the agency shall be by certified mail.
(2)
On the Agency
.
			 For the purpose of proceedings under these rules only, service upon the agency
			 may be effected by filing the paper or papers with the clerk or secretary to:
Office of the Secretary of State
Supervisor of Public Records
One Ashburton Place, Room 1701
Boston, Massachusetts 02108
(3)
Parties and Other
			 Persons
. All papers, including, but not limited to, applications,
			 notices, pleadings, petitions, motions, briefs, memoranda, and other documents,
			 filed by any party or other person with the agency or a hearing examiner shall
			 be served by personal delivery or by first-class mail upon all parties to the
			 proceedings. Proof of service shall accompany all paper when filed or shall be
			 filed within ten days thereafter.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.05 - Intervention

Current through Register 1525, July 5, 2024
(1)
Substitution of
			 Parties
. An agency may, on motion, at any time in the course of
			 any proceeding, permit such substitution of parties as justice or convenience
			 may require.
(2)
Intervention
. Any party not initially joined in the
			 action or proceeding shall be permitted to intervene. In the discretion of the
			 agency, any person not a party may be permitted to intervene in any action or
			 proceeding. A person or party desiring to intervene shall file a motion in
			 accordance with
			 950 CMR
			 31.03(6), which motion shall
			 state therein the grounds for intervention.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.07 - Hearings

Current through Register 1525, July 5, 2024
(1)
Notice of
			 Hearing
. The agency shall notify all parties and interveners of a
			 scheduled hearing in any pending matter. Such notification shall include, but
			 need not be limited to, the time, date, place and nature of the hearing and
			 shall be served at least seven days prior to the hearing on all parties or
			 others according to
			 950 CMR 31.04.
(2)
Hearing.
(a) Presiding Officer. Unless the statute
			 shall otherwise specify, the hearing shall be conducted by a duly appointed
			 hearing officer, the agency chairman, or a member of the agency appointed by
			 the chairman to conduct the hearing.
(b) Quorum. Where the hearing is to be
			 conducted before the members of the agency, a quorum for purposes of conducting
			 the hearing shall be a majority of the members.
(c) Power of Presiding Officer. The presiding
			 officer shall initially make all decisions regarding the admission or exclusion
			 of evidence or any other procedural matters which may arise in the course of
			 the hearing.
(d) Sworn Testimony.
			 All test imony given at an agency hearing shall be under oath administered by
			 the presiding officer.
(e) Order of
			 Presentation. The moving or complaining party shall present his evidence or
			 testimony first. Where there is more than one moving or complaining party the
			 order of presentation shall be in the discretion of the agency. After all the
			 evidence and testimony of the complaining or moving parties have been received,
			 all other parties shall be allowed to present their evidence or testimony. All
			 parties, other than the party introducing the testimony, shall be allowed to
			 cross-examine a witness immediately after his testimony has been
			 received.
(f) Conduct. All parties,
			 counsel, witnesses and other persons present at a hearing shall conduct
			 themselves in a manner consistent with the standards of decorum commonly
			 observed by the courts of this Commonwealth. Where such decorum is not
			 observed, the agency may take such action as it deems appropriate.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.08 - Consolidation: Continuances: Satisfaction of Complaint

Current through Register 1525, July 5, 2024
(1)
Consolidation
.
			 The agency upon its own motion, or upon motion by a party or other person
			 joined in the proceeding, may order proceedings involving a common question of
			 law or fact to be consolidated for hearing on any or all of the matters in
			 issue in such proceedings.
(2)
Continuances
. An agency may, for good cause shown,
			 grant a postponement or a continuance of proceedings.
(3)
Satisfaction of
			 Complaint
. In any proceeding in which a party is charged with the
			 commission of an act contrary to law, the proceeding shall not be discontinued
			 except with the consent of the party charged.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.09 - Briefs

Current through Register 1525, July 5, 2024
(1)
Briefs
. Briefs
			 may be filed by a party or any interested person either before or during the
			 course of a hearing, or within such time thereafter as the agency shall
			 designate. Failure to file a brief shall in no way prejudice the rights of any
			 party.
(2)
Subsequent
			 to Hearing
. The agency may, for good cause shown, allow the
			 parties to file evidentiary documents of any kind, or exhibits, at a time
			 subsequent to the completion of the hearing, such time to be determined by the
			 agency. If a request for such subsequent filing is granted, the requesting
			 party shall, on or before the date set for filing, send copies of all documents
			 or exhibits which are the subject of the request to all other parties. If such
			 requirement for copies is impracticable, the agency may suspend the above
			 provision; in such cases, the agency shall allow reasonable inspection of the
			 original by all parties.
(3)
Reopening Hearings
. A party may, at any time prior to
			 the rendering of a decision by the agency, move that the hearing be reopened
			 for the purpose of receiving new evidence. Such motions shall be filed in
			 accordance with the provisions of
			 950 CMR 31.03(6)
			  and shall be granted only for good cause
			 shown. The agency shall notify all parties of its action upon the motion.
			 Notwithstanding the above, the agency may, at any time prior to the rendering
			 of a decision, reopen the hearing on its own motion. In case of such reopening
			 on motion of the agency, the parties shall be notified, and the hearing shall
			 not be convened less than five days after the sending of such notice.
(4)
Rehearing; Reargument;
			 Reconsideration
. Any party may file a motion for rehearing,
			 reargument, or reconsideration within 30 days after a receipt of a final
			 decision of the agency. Such motion shall be filed in accordance with
			 950 CMR 31.03(6)
			  and, in addition, shall include a statement
			 of all matters alleged to have been erroneously decided and if applicable, a
			 statement as to any newly discovered matters or circumstances that have a risen
			 subsequent to the final decision. The filing of said motion shall not operate
			 as a stay of execution unless so ordered by the agency.
(5)
Appeal
			 Provisions
. Appeals from administrative tribunals are dealt with
			 generally in M.G.L. c. 30A, § 14 giving jurisdiction in the Supreme
			 Judicial Court and the Superior Court in equity to aggrieved persons.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.10 - Disqualification Hearings of Legislative Agents

Current through Register 1525, July 5, 2024
(1) On or immediately after July 15 and
			 January 15, the Supervisor of Public Records is to commence the necessary
			 investigations needed to determine those legislative agents not complying with
			 M.G.L. c. 3, § 43. The Supervisor of Public Records is to determine those
			 agents who have not complied with the above provision either by failure to file
			 or by failure to file properly.
(2)
			 Upon such determination, the Supervisor of Public Records, by certified mail,
			 is to notify the delinquent agents that such persons are in violation of M.G.L.
			 c. 3, § 43. This notice is to detail the information sought by this office
			 as per M.G.L. c. 3, § 43. Demand is to be made for reply within 14
			 days.
(3) If a reply is not
			 received within 14 days, a second notice will be sent by the Supervisor of
			 Public Records to the delinquent party indicating that such party is subject to
			 disqualification procedures pursuant to M.G.L. c. 3, § 43. This notice
			 will show cause for such disqualification by detailing all violations. It will
			 also note that a reply within 10 days is demanded; failure to do so will result
			 in automatic commencement of disqualification procedures.
(4) Upon failure to receive a reply deemed to
			 comply with the statutory requirements, within the time allotted as per prior
			 communications, the Supervisor of Public Records shall initiate
			 disqualification proceedings pursuant to M.G.L. c. 30A and all other applicable
			 laws and pursuant to the rules for adjudicatory proceedings of the office of
			 the Secretary of the Commonwealth regarding the disqualification of legislative
			 agents.
(5) M.G.L. c. 30A shall
			 govern notice requirements and other such procedures.
(6) The hearing proceedings shall follow the
			 adjudicatory rules for hearings involving the disqualification of legislative
			 agents and M.G.L. c. 30A.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
								950 CMR
			 32.00 describes the practices and procedures of the
			 Division of Public Records relative to the requirements of governmental
			 entities or political subdivisions of the Commonwealth with respect to
			 disclosure of public records, reporting requirements for certain records access
			 officers and ensuring that disputes regarding access to particular records are
			 resolved expeditiously and fairly.
			 950 CMR
			 32.00 shall not limit the availability of other
			 remedies provided by law.
(2) The
			 Division of Public Records is under the supervision of the Supervisor of Public
			 Records. The Supervisor may amend and rescind such rules, forms and orders as
			 are contemplated by the provisions of the Massachusetts General Laws and as are
			 necessary to carry out their purposes.
(3) The Supervisor of Public Records may
			 authorize exceptions to
			 950 CMR
			 32.00 with respect to any specific requirement
			 provided that such exceptions to
			 950 CMR
			 32.00 are in conformity with the provisions of the
			 Massachusetts General Laws.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Division Mailing Address and Electronic Mail Address
.
			 All communications shall be addressed or delivered to:
Supervisor of Records
Division of Public Records
Office of the Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston, Massachusetts 02108
or: pre@sec.state.ma.us
Electronic communication is strongly encouraged and is the
				preferred method of correspondence.
(2)
Division Business
			 Hours
. The regular hours of the Division are from 8:45 A.M. to
			 5:00 P.M. each business day.
(3)
Computation of Time
. Unless otherwise provided, the
			 computation of time referred to in
			 950 CMR
			 32.00 shall begin with the first business day
			 following the date of receipt of any request, regardless of form.
(4)
Presumptions
. In
			 all proceedings pursuant to
			 950 CMR
			 32.00, there shall be a presumption that the record
			 sought is public.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.05 - Additional Records Access Officer Responsibilities

Current through Register 1525, July 5, 2024
(1)
Agency Records Access
			 Officers
. The requirements of 950 CMR 32.05(1) shall apply only to
			 agency records access officers.
(a) agency
			 designation of primary and secondary records access officers; reporting
			 requirements:
1. each agency shall designate
			 one primary records access officer responsible for reporting information to the
			 Secretary pursuant to M.G.L. c. 66, § 6A(e) and 950 CMR
			 32.05(1)(c).
2. a primary records
			 access officer shall submit a notification of such designation to the Division
			 electronically in a manner determined by the Division.
3. the primary records access officer may
			 notify the secondary record access officers to facilitate reporting such
			 information.
4. the primary records
			 access officer shall electronically notify the Secretary of the designation of
			 secondary records access officers electronically in a manner determined by the
			 Division.
5. the agency shall
			 maintain and update information regarding primary and secondary records access
			 officers electronically, including changes in personnel identified as primary
			 and secondary records access officers, in a manner determined by the
			 Division.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.06 - Rights of Access

Current through Register 1525, July 5, 2024
(1)
Requests for Public Records
.
(a) requests for public records may be made
			 orally, in person, to a records access officer or custodian, or may be written.
			 Telephone requests may be accepted at the discretion of the records access
			 officer.
(b) requests for public
			 records shall include a reasonable description of the requested record to the
			 records access officer so that the records can be identified and located
			 promptly.
(c) written requests may
			 be delivered by a requester to the business address or designated website or
			 email address of a records access officer or custodian:
1. by hand;
2. by mail;
3. electronically; or
4. by facsimile, if custodian has facsimile
			 access.
(d) a records
			 access officer shall not require a particular form be used by requesters, but
			 may make forms available for requesters.
(e) a person shall not be required to make a
			 personal inspection of the record prior to receiving a copy.
(f) calculation of time will commence only
			 for requests that are made in accordance with 950 CMR 32.06(1).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.07 - Copies of Records; Fees

Current through Register 1525, July 5, 2024
(1)
Copies of Paper and Electronic Records
.
(a) upon request, a requester shall be
			 entitled to receive in hand, by mail, by facsimile or electronically one copy
			 of a public record or any desired portion of a public record.
(b) as an alternative to obtaining copies of
			 records from a records access officer a requester shall be permitted, to the
			 extent feasible, and at reasonable times:
1.
			 view and inspect records; or
2. use
			 a personal device such as a camera or portable scanner to copy
			 records.
(c) the records
			 access officer shall presume that a requester prefers copies provided in
			 machine-readable electronic form, when electronic form is available, unless the
			 requester specifies an alternative preference.
(d) the records access officer must provide
			 electronic records in native form when possible.
(e) when designing or acquiring an electronic
			 record keeping system or database, the records access officer, in cooperation,
			 with the custodian shall ensure, to the extent feasible that:
1. newly acquired or implemented electronic
			 record keeping systems or databases are capable of providing data in a commonly
			 available electronic, machine readable format; and
2. the newly acquired or implemented
			 electronic record keeping system allows for information storage and retrieval
			 methods permitting retrieval of public portions of records to provide maximum
			 public access.
(f)
			 furnishing a segregable portion of a public record shall not be deemed to be
			 creation of a new record. This applies to a responsive record in the form of an
			 extract of existing data, as such data exists at the time of the request and is
			 segregable from nonresponsive and exempt data.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.08 - Appeals

Current through Register 1525, July 5, 2024
(1)
Appeal to the
			 Supervisor
.
(a) a requester may
			 petition the Supervisor for failure by a records access officer to comply with
			 a requirement of
			 950 CMR
			 32.00.
(b)
			 an oral request, while valid as a public record request, shall not be the basis
			 of an appeal under 950 CMR 32.08.
(c) petitions for appeal of a response by a
			 records access officer must be made within 90 calendar days of the date of the
			 response by a records access officer.
(d) petitions for appeal of a failure to
			 respond within the timeliness requirements of
			 950 CMR
			 32.00 must be made within 90 calendar days of the
			 request.
(e) all petitions for
			 appeal shall be in writing and shall specifically describe the nature of the
			 requester's objections to the response or failure to timely respond.
(f) requesters shall provide to the
			 Supervisor complete copies of all correspondence associated with the petition,
			 including:
1. a complete copy of the letter by
			 which the request was made, including in the case of electronic communications
			 all header information indicating time, date, subject, sender and recipient
			 email addresses; and
2. a complete
			 copy of all written responses associated with requests subject to the petition
			 for appeal, including in the case of electronic communications all header
			 information indicating time, date, subject, sender and recipient email
			 addresses.
(g) in
			 petitioning the Supervisor, the requester shall provide a copy of such petition
			 to the records access officer associated with such petition.
(h) if the requester's petition for appeal is
			 related to a previous appeal to the Supervisor, the requester's petition shall
			 refer to the previous appeal number.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.09 - Enforcement of Orders

Current through Register 1525, July 5, 2024
A records access officer shall promptly take such steps as may
				be necessary to comply with an order of the Supervisor. If a records access
				officer fails to comply with an order issued by the Supervisor, the Supervisor,
				upon the Supervisor's initiative, may notify the Attorney General to ensure
				compliance.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 32.00 - Public Records Access › Section 32.10 - Advisory Opinions

Current through Register 1525, July 5, 2024
Advisory opinions from the Supervisor may be requested.
				However, it shall be in the Supervisor's discretion whether to issue an
				advisory opinion. The Supervisor has and will continue to provide a staff
				member on call every day during regular business hours to offer informal
				information to any person, whether a requester or custodian.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.01 - Authority

Current through Register 1525, July 5, 2024
950 CMR 33.00 is promulgated
				pursuant to M.G.L. c. 66A, as appearing in St. 1975, c. 776.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.02 - Scope and Application

Current through Register 1525, July 5, 2024
950 CMR 33.00 shall govern
				the collection, maintenance and disclosure of personal data contained in manual
				or computerized personal data systems and shall apply to the State Secretary's
				Office and all agencies therein. These regulations shall not apply to criminal
				offender record information as defined in M.G.L. c. 6, § 167, or to
				personal or other data which is not contained in a personal data system. 950
				CMR 3.31 shall apply to all agencies required to file notice with the State
				Secretary under M.G.L. c. 30 § 63.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.03 - Fees

Current through Register 1525, July 5, 2024
An agency may charge a fee of ten cents per page for
				photocopying of records susceptible to photocopying and may charge a fee
				substantially equivalent to the actual cost of reproduction as determined by
				the responsible agency employee for copying records not susceptible to
				photocopying (e.g., oversize documents, punch cards or magnetic tapes).
A fee reasonably related to cost may also be charged for making
				a search of the system of records provided that no charge may be made for a
				search requiring less than one hour to complete.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.04 - Meaning of Terms

Current through Register 1525, July 5, 2024
As used in
				950 CMR 33.00, the context
				otherwise requires the following terms shall have the following
				meanings:
Access
means availability of a record
				to a data subject.
Agency
means the State Secretary's
				Office, or any board, commission or other body therein. As used in 950 CMR 3.31
				the term also includes all agencies required to file notice with the State
				Secretary under M.G.L. c. 30, § 63.
Data subject
means an individual whose
				name or identity is added to or maintained in a personal data system.
Disclose
means to make available or
				release a record to anyone other than the data subject or employees of the
				holding agency.
Holds
means collects, maintains, or
				disseminates, whether manually, mechanically, or electronically.
Indexed personal data system
means a
				personal data system from which a record may be retrieved in the ordinary
				course by personal identifier.
Personal data system
means a
				collection of records a substantial number of which contain personal data or,
				where a record may be retrieved in the ordinary course by personal identifier,
				any of which contain personal data. The term does not include any collection of
				records containing criminal offender record information as defined in M.G.L. c.
				6, § 167.
Personal identifier
means any element
				of data which may be used to fix a person's identity either by itself or when
				combined with other data accessible to the holder of such data including,
				without limitation, name, address, social security number, date of birth, race
				or zip code.
Public records
as defined in M.G.L. c.
				4, § 7, (26), means all books, papers, maps, photographs, recorded tapes,
				financial statements, statistical tabulations, or other documentary materials
				or data, regardless of physical form or characteristics, made or received by
				any official or employee of an agency, unless such materials or data fall
				within the exemptions set out in said § 7; and, pursuant to said
				exemptions, shall not include materials or data specifically or by necessary
				implication exempted from disclosure by statute; or personnel and medical files
				or information, or materials or data relating to a specifically named
				individual, the disclosure of which may constitute an invasion of personal
				privacy.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.05 - Responsible Person

Current through Register 1525, July 5, 2024
Each agency shall designate, for each personal data system it
				maintains, a person to serve as the responsible person under M.G.L. c. 66A,
				§ 2(a).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.06 - Duties and Responsibilities

Current through Register 1525, July 5, 2024
The responsible person designated under
				950 CMR 33.05
				shall, with respect to the system or systems for which he is immediately
				responsible:
(a) Ensure that the
			 requirements of M.G.L. c. 66A and
			 950 CMR 33.00 for preventing
			 unauthorized access to or disclosure of personal data are followed;
(b) Receive complaints and objections;
			 and
(c) Answer questions.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.07 - Contracts to Hold Personal Data

Current through Register 1525, July 5, 2024
Agencies may enter into contracts to hold personal data but no
				such contract shall relieve the agency of its obligations under
				950 CMR 33.00. Every such
				contract shall include such provisions as are necessary to ensure compliance
				with these regulations and the Attorney General may treat the violation of any
				such provisions as a violation of M.G.L. c. 214, § 3B.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.08 - Personnel Training

Current through Register 1525, July 5, 2024
Each agency shall inform all of its employees who have
				responsibilities or functions for the design, development, operation, or
				maintenance of a personal data system or the use of personal data therein, of
				the provisions of
				950 CMR 33.00 and of the
				civil remedies described in M.G.L. c. 214, § 3B, available to individuals
				whose rights under M.G.L. c. 66A are allegedly violated.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.09 - Physical Security

Current through Register 1525, July 5, 2024
Each agency shall take all reasonable precautions to protect
				personal data from fire, theft, flood, natural disaster, unauthorized removal
				or other security hazard.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.10 - Duplicate Files

Current through Register 1525, July 5, 2024
Each agency shall keep the number of duplicate files of
				personal data to an absolute minimum and shall ensure that all duplicate file
				systems are maintained in a manner consistent with the requirements of
				950 CMR
				33.00.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.11 - Notice and Annual Report to the Secretary of State

Current through Register 1525, July 5, 2024
Each agency shall, by September 1, 1976, and upon the
				subsequent establishment, termination, or change in character of a personal
				data system, file a report with the Supervisor of Public Records regarding each
				personal data system it operates in the manner prescribed by 950 CMR 3.31. Such
				report shall include, but not necessarily be limited to the following
				information:
(a) The name of the
			 system;
(b) The nature and purpose
			 of the system;
(c) The number of
			 persons on whom data are or are expected to be maintained;
(d) The categories of data maintained, or to
			 be maintained, indicating which categories are or will be stored in an
			 automated personal data system;
(e)
			 The agency's policies and practices regarding data storage, retention of data,
			 and disposal thereof;
(f) The
			 categories of data sources;
(g) A
			 description of types of uses made or to be made of data, including a
			 description of all classes of users of such data;
(h) A description of the actions taken to
			 comply with M.G.L. c. 66A; and
(i)
			 The name, title, and business address of the individual immediately responsible
			 for the system.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.12 - Audit Trail

Current through Register 1525, July 5, 2024
Each agency shall maintain as an audit trail records which show
				any disclosure of personal data the agency holds. In the case of personal data
				systems in which personal data is stored, in whole or in part, in a computer or
				in electronically controlled or accessible files, the audit trail shall include
				a complete and accurate record of every disclosure of personal data, including
				the identity of all persons and organizations to whom such disclosure has been
				made and their declared intentions regarding the use of the personal data
				disclosed. In the case of all other personal data systems, the audit trail
				shall include such information to the maximum extent feasible. The audit trail
				shall be deemed part of the data to which it relates for all purposes under
				950 CMR
				33.00.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.13 - Disclosure: Exception for Medical and Psychiatric Emergencies

Current through Register 1525, July 5, 2024
No agency shall disclose personal data to any person or other
				entity unless such disclosure is authorized by state or federal statute or
				regulation or is approved by the holding agency and by the data subject whose
				personal data is sought or an authorized representative of the data subject.
				Medical or psychiatric data may be disclosed to a physician, treating a data
				subject, upon the request of said physician, if a medical or psychiatric
				emergency arises which precludes the data subject's giving approval for such
				disclosure; provided, however, that the agency shall give notice of the fact of
				such disclosure to the data subject upon termination of the
				emergency.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.14 - Approval by Data Subject

Current through Register 1525, July 5, 2024
The approval of a data subject or authorized representative
				prior to a disclosure as required by
				950
				CMR 33.13 may be granted in writing or
				orally, including by telephone; provided that the agency seeking such approval
				shall make reasonable efforts to verify the identity of the data subject and
				the authority of any person representing the data subject; and, provided
				further, that the agency shall, if no written consent is given, make a notation
				of an oral approval and shall file such notation with the personal data
				held.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.15 - Disclosure of Public Records

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 66, § 10, an agency shall disclose
				upon request, without the consent of the data subject, any personal data which
				is a public record as defined in
				950 CMR 33.04.
				Questions as to whether a particular record is a public record shall be
				resolved as provided in
				950 CMR
				32.00, et seq. and
				950 CMR
				33.16 through
				33.17.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.16 - Invasion of Personal Privacy: General Rule

Current through Register 1525, July 5, 2024
Personal data the disclosure of which may constitute an
				invasion of personal privacy is not a public record. In general, it is an
				invasion of personal privacy under M.G.L. c. 214, § 1B, as appearing in
				St. 1973, c. 1114, § 62, to disclose personal data where such disclosure
				will result in an unreasonable, substantial or serious interference with the
				privacy of a data subject unless the data subject or his authorized
				representative consents to such disclosure.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.17 - Invasion of Personal Privacy: Examples

Current through Register 1525, July 5, 2024
In deciding whether disclosure of personal data will constitute
				an invasion of personal privacy, agencies shall consider the following
				examples:
(1) Disclosure without the
			 consent of the data subject in the following situations is usually not an
			 invasion of personal privacy unless the disclosure would clearly violate
			 standards of ordinary decency:
Disclosure of routine correspondence including without
				limitation applications for benefits under government programs.
Disclosure of complaints where disclosure is accompanied by a
				statement as to whether any findings have been made on the complaint and what
				those findings are.
(2)
			 Disclosure without the consent of the data subject which is not authorized by
			 statute or regulation in the following situations usually is an invasion of
			 personal privacy:
Disclosure of the resume of or evaluative materials on an
				applicant for employment. Such materials are personnel information excluded
				from the definition of public records whether or not disclosure would otherwise
				constitute an invasion of personal privacy.
Disclosure of census information in any non-aggregated from
				which permits association of specific information with specific
				individuals.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.18 - Response to Compulsory Legal Process

Current through Register 1525, July 5, 2024
Each agency shall, as required by M.G.L. c. 66A, § 2(k),
				maintain procedures to ensure that no personal data is made available from its
				personal data systems in response to a demand for data by compulsory legal
				process unless the data subject has been notified of such demand in reasonable
				time to seek to have the process quashed. To fulfill this requirement, the
				procedures of each agency shall include:
(a) An explanation to agency personnel of
			 rules governing the service of subpoenas in connection with proceedings before
			 state and federal courts and administrative agencies.
(b) Instructions to attempt in all cases by
			 negotiation with the person causing the subpoena to be served to limit the
			 scope of the subpoena to those matters truly required.
(c) A requirement that the data subject or
			 his authorized representative be notified no later than the next business day
			 following the day on which the subpoena is served; and
(d) A requirement that the person appearing
			 advise the court or agency of the requirements of M.G.L. c. 66A, §
			 2(k).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.19 - Public Inquiry

Current through Register 1525, July 5, 2024
Where an individual has reason to believe that personal data
				relating to him is held, but where the specific agency which holds such data is
				unknown to him, the individual may request, in writing, that the Supervisor of
				Public Records or his designee locate all personal data held in indexed
				personal data systems by agencies affected by these regulations. The Supervisor
				of Public Records or his designee shall make a reasonable effort to locate all
				such personal data and shall respond to such request within 20
				days.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 33.00 - Fair Information Practices Regulations › Section 33.20 - Request of Individual for Notification of Holding

Current through Register 1525, July 5, 2024
An agency shall inform any individual in writing, upon 20 days
				receipt of a request, whether the agency maintains in an indexed personal data
				system any personal data concerning such individual.