reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 402 CMR - ECONOMIC ASSISTANCE COORDINATING COUNCIL › Title 402 CMR 2.00 - Economic Development Incentive Program › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				402 CMR
				2.00 is to establish the procedures by which the
				Economic Assistance Coordinating Council (EACC) will administer those portions
				of the Economic Development Incentive Program (EDIP) relating to the
				certification of projects to be undertaken by businesses thereby entitling
				those businesses to receive certain tax benefits.
				402 CMR
				2.00 also establishes the procedures by which project
				certifications, Tax Increment Financing (TIF) and Special Tax Assessment (STA)
				agreements, and Economic Target Area (ETA) and Economic Opportunity Area (EOA)
				designations may be established, approved or revoked by the EACC.
				402 CMR
				2.00 also further clarifies that the failure of a
				municipality or participating business to follow proper reporting procedures
				and to provide requested information to the EACC may result in such
				revocation.
Code of Massachusetts Regulations › 402 CMR - ECONOMIC ASSISTANCE COORDINATING COUNCIL › Title 402 CMR 2.00 - Economic Development Incentive Program › Section 2.03 - The Economic Assistance Coordinating Council

Current through Register 1525, July 5, 2024
(1) The EACC:
(a) accepts and reviews applications for EDIP
			 tax credits, certifies projects that undertake to create or retain full-time
			 jobs in the Commonwealth and determines the amount of credits to be awarded to
			 a Controlling Business and the schedule on which the credits may be
			 claimed;
(b) reviews and approves
			 tax increment financing agreements and special tax assessments proposed by
			 municipalities under M.G.L. c. 23A, § 3E and M.G.L. c. 40, §
			 59;
(c) assists municipalities to
			 identify and obtain state and federal resources and assistance to enhance the
			 ability of certified projects to achieve their job creation and retention
			 commitments;
(d) coordinates with
			 other state programs, agencies, authorities and public instrumentalities to
			 promote the Commonwealth's programs supporting job creation and
			 retention;
(e) monitors compliance
			 with commitments made by Controlling Businesses to create and retain jobs
			 within the Commonwealth and to decertify projects that materially fail to meet
			 those commitments;
(f) monitors the
			 EDIP tax credits authorized annually in order not to exceed the statutory cap
			 on the amount of credits that can be awarded in a single calendar
			 year;
(g) designates economic
			 target areas and economic opportunity areas and authorizes municipalities to
			 apply for United States Foreign Trade Zone Board for the privileges of
			 establishing, operating and maintaining a foreign trade zone in accordance with
			 M.G.L. c. 23A, § 3G;
(h)
			 adopts by-laws to govern the implementation of its responsibilities;
			 and
(i) within its discretion,
			 promulgates regulations and issues guidance necessary or advisable to implement
			 the EDIP program, assist municipalities and Controlling Businesses to develop
			 and submit applications for potential certified projects.
Code of Massachusetts Regulations › 402 CMR - ECONOMIC ASSISTANCE COORDINATING COUNCIL › Title 402 CMR 2.00 - Economic Development Incentive Program › Section 2.04 - Scope and Applicability of the EDIP

Current through Register 1525, July 5, 2024
(1)
Incentives
. The
			 Economic Development Incentive Program provides tools to stimulate the creation
			 of employment and economic development opportunities in Massachusetts. EDIP
			 offers incentive tax credits to businesses who undertake to create new jobs in
			 Massachusetts, including relocating jobs from outside the state, and in some
			 cases for retaining jobs threatened by incentives offered by other
			 jurisdictions. The EDIP provides a business with a variety of economic
			 incentives and benefits, including EDIP tax credits, refundable EDIP tax
			 credits, local tax increment financing agreements and special tax assessment
			 agreements.
(2)
Certified Projects
. Certified project designation
			 provides a mechanism by which economic development can be stimulated by
			 attracting new businesses into those areas and by encouraging existing
			 businesses to expand. Designation can be obtained through a request to the EACC
			 by a business intending to develop or expand a project that the EACC designate
			 a particular project to be undertaken by the business as a "certified project,"
			 thereby allowing the business to benefit from the various tax relief programs
			 made available by the EDIP.
(3)
Local Incentives
. Tax increment financing is available
			 to a certified project and certain other eligible projects pursuant to M.G.L.
			 c. 40, § 59. A special tax assessment is available to a certified project,
			 a real estate project and certain other eligible projects pursuant to M.G.L. c.
			 23A, § 3E(c). Although these incentives are negotiated and developed at
			 the local level, the EACC must approve TIF agreements and STA agreements
			 pursuant to
			 402 CMR
			 2.07 before they become effective.
(4)
Relation to Tax
			 Laws
. The EACC does not administer or interpret the tax laws of
			 the Commonwealth, and businesses using or considering the use of the EDIP
			 cannot rely on the EACC or its staff for advice or guidance in regard to tax
			 matters. Such businesses are advised to consult their tax advisors and the
			 Massachusetts Department of Revenue on all matters relating to the EDIP tax
			 credits.
Code of Massachusetts Regulations › 402 CMR - ECONOMIC ASSISTANCE COORDINATING COUNCIL › Title 402 CMR 2.00 - Economic Development Incentive Program › Section 2.07 - Approval of TIF and STA Agreements

Current through Register 1525, July 5, 2024
(1)
Approval of Local Tax Incentives
. A project that is
			 not certified pursuant to
			 402 CMR
			 2.05 for EDIP tax credits may be eligible for
			 tax increment financing or a special tax assessment if the host municipality
			 separately petitions the EACC for approval of the proposed TIF agreement or STA
			 agreement in accordance with 402 CMR 2.07.
(2)
Approval of TIF
			 Agreements
. If a municipality desires to provide tax increment
			 financing for a project that is not certified by the EACC, the municipality
			 must petition the EACC for approval of the TIF agreement. The petition for
			 approval shall include a copy of the fully executed TIF agreement and evidence
			 that it has been duly authorized and executed by each party thereto. The TIF
			 agreement shall set out the amount of the tax increment that the project will
			 generate and, for each year that the agreement will be in effect, the
			 percentage of the incremental tax that will be exempt from taxation. The EACC
			 shall approve a proposed TIF agreement if the EACC finds, based upon the
			 information submitted and such additional investigation as the EACC may make,
			 that:
(a) The TIF parcels are located within
			 an Economic Target Area or in a TIF eligible area;
(b) The project involves a significant
			 capital investment and will create new or retain existing permanent, full-time
			 jobs;
(c) The TIF agreement
			 supports the public purpose of encouraging increased industrial and commercial
			 activity in the Commonwealth;
(d)
			 There is a high likelihood that the TIF agreement will result in actual
			 economic benefits to the host community;
(e) The TIF agreement complies with the
			 requirements and limitations of M.G.L. c. 40, § 59, including limitations
			 on the allowable term of the TIF agreement and instructions regarding the
			 manner in which the exemption is calculated; and
(f) The TIF agreement complies with any
			 written guidance promulgated by the EACC or the Department of Revenue Division
			 of Local Services regarding best practices for a TIF agreement.
Code of Massachusetts Regulations › 402 CMR - ECONOMIC ASSISTANCE COORDINATING COUNCIL › Title 402 CMR 2.00 - Economic Development Incentive Program › Section 2.08 - Revocation of the Certification of a Project

Current through Register 1525, July 5, 2024
(1)
Standard for
			 Revocation
. The EACC may revoke a project certification if it
			 determines that a Controlling Business or affiliate is in material
			 non-compliance with representations made in its application for project
			 certification or the obligations set forth in an EDIP contract. The EACC shall
			 have the discretion to determine whether material non-compliance shall result
			 in revocation of a project certification, taking into account:
(a) the conduct of the Controlling Business
			 subsequent to the project certification;
(b) the extent to which the material
			 non-compliance is the result of unforeseen conditions that are outside the
			 control of the Controlling Business;
(c) the potential impact on the municipality
			 in which the certified project is located; and
(d) such other considerations as the EACC
			 shall deem relevant to the sound implementation and public purposes of the
			 EDIP.
Where the EACC determines that material non-compliance is due
				to factors outside the control of the Controlling Business, the EACC may elect
				to provide the Controlling Business with reasonable opportunity to cure the
				material non-compliance. The EACC ordinarily shall revoke the certification of
				a project that does not commence construction within two years of the
				commencement date provided in the application for project certification.
				Extensions beyond such two year period may be granted by the EACC only upon
				good cause shown by the Controlling Business.
Code of Massachusetts Regulations › 402 CMR - ECONOMIC ASSISTANCE COORDINATING COUNCIL › Title 402 CMR 2.00 - Economic Development Incentive Program › Section 2.09 - Compliance with Local Tax Incentives

Current through Register 1525, July 5, 2024
(1)
Notice of
			 Completion
. When TIF project or STA project is complete, the
			 property owner shall submit to the host municipality and to the EACC as-built
			 drawings and such other information as is necessary to determine that the
			 project has been completed in a manner consistent with the information provided
			 to the EACC in the petition for approval of the TIF agreement or STA agreement,
			 as applicable.
(2)
Monitoring
. Compliance with a TIF agreement or STA
			 agreement shall be monitored by the host municipality. In the case of a
			 certified project that has received EDIP tax credits, the EACC may assist the
			 host municipality with its monitoring obligations by providing to the
			 municipality the job creation data reported to MOBD by the Controlling
			 Business.
(3)
Revocation of EACC Approval
. If the municipality shall
			 recommend and the EACC shall find that a party to a TIF agreement or STA
			 agreement has breached the agreement or otherwise through its action or failure
			 to act has jeopardized the realization of significant economic benefits that
			 provided part of the basis for the EACC's original approval of the TIF
			 agreement or STA agreement, then the EACC may revoke its approval of the TIF
			 agreement or STA agreement. The effect of such revocation shall be the
			 termination of the tax increment exemption for the TIF parcel or parcels
			 designated in the revocation, or the termination of the special tax assessment
			 set forth in the STA agreement, as the case may be. To initiate the revocation
			 process, the municipality must formally adopt its recommendation of revocation
			 in the same manner as that in which the TIF agreement or STA agreement was
			 authorized prior to approval by the EACC. Prior to revoking the approval of a
			 TIF agreement or STA agreement, the EACC shall provide the owner with
			 reasonable notice and an opportunity to be heard on the matter. Any hearing
			 provided pursuant to
			 402 CMR
			 2.16(5)  shall be conducted
			 in a manner directed by the EACC.
Code of Massachusetts Regulations › 402 CMR - ECONOMIC ASSISTANCE COORDINATING COUNCIL › Title 402 CMR 2.00 - Economic Development Incentive Program › Section 2.10 - Designation of ETAs and EOAs

Current through Register 1525, July 5, 2024
(1) Any
			 municipality may submit an application to the EACC for designation of an area
			 within the municipality's jurisdiction to be an ETA or an EOA.
(2) Two or more municipalities may jointly
			 file an application with the EACC for designation of an area as an ETA or EOA
			 if the area in question falls within the land areas of two or more contiguous
			 municipalities. A single application may request simultaneous designation of
			 both an ETA and an EOA.
(3) Each
			 municipal application must include the municipality's certification,
			 accompanied by documentary and statistical information, as appropriate, that
			 the area proposed for designation meets the criteria set forth in M.G.L. c.
			 23A, § 3G. For the purposes of
			 402 CMR
			 2.05, "median household income" shall be
			 determined based on the most recent statistics available from the U.S. Bureau
			 of the Census as of the date of application.
(4) The EACC shall review each ETA and EOA
			 application to determine whether it has met the mandatory criteria. The EACC
			 may, at any time, require an applicant to submit additional information
			 relating to the application and may conduct independent reviews as it
			 determines appropriate.
(5) If the
			 EACC does not approve the ETA or EOA application, it shall provide written
			 notice to the municipality, and shall include a statement of the reasons for
			 the EACC's decision not to make such a designation.
(6) Any municipality whose ETA or EOA
			 application was not designated may, at its discretion, resubmit its application
			 at a later date and the EACC may work with each such municipality to improve
			 the merits of its application.
Code of Massachusetts Regulations › 425 CMR - STATE OFFICE OF MINORITY AND WOMEN BUSINESS ASSISTANCE (SOMBWA) › Title 425 CMR 2.00 - Certification › Section 2.01 - Title and Applicability

Current through Register 1525, July 5, 2024
425 CMR
				2.00 shall govern the process of certification of
				firms by the Supplier Diversity Office (SDO), formerly known as the State
				Office of Minority and Women Business Assistance (SOMWBA), an executive agency
				within the Executive Office for Administration and Finance (A&F). Such
				certifications shall be pursuant to M.G.L. c. 7, §§ 57 through 61.
				The SDO may issue policies as required to effectuate
				425 CMR
				2.00.
				425 CMR
				2.00 shall be construed to secure the just, speedy and
				fair determination of every matter and proceeding within its
				scope.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.01 - Scope, Purpose, and Applicability

Current through Register 1525, July 5, 2024
429 CMR 2.00 establishes the standards and procedures for designation of Manufacturing Workforce Training Tax Increment Financing (MWT-TIF) Zones and for the development of Manufacturing Workforce Training Tax Increment Financing Plans, pursuant to M.G.L. c. 40, § 60A and M.G.L. c. 59, § 5. It endeavors to encourage increased commercial growth of manufacturing facilities that have been located in a city or town for not less than two years. 429 CMR 2.00 is effective June 13, 2008.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 429 CMR 2.00, unless the context clearly requires otherwise, the following terms shall mean:
Adjustment Factor
-
See
429 CMR 2.05(3)(b)3.
Base Valuation
-
See
429 CMR 2.05(3)(b)2.
Economic Assistance Coordinating Council (EACC)
- the council established pursuant to M.G.L. c. 23A, § 3B.
Economic Target Area (ETA)
- an area of the Commonwealth designated as such by the EACC pursuant to M.G.L. c. 23A, § 3D and 402 CMR 2.06.
Exemption Percentage
-
See
429 CMR 2.05(3)(b)1.
Inflation Factor
-
See
429 CMR 2.05(3)(b)4.
Manufacturing Facilities
- corporations classified as manufacturing corporations under M.G.L. c. 58, § 2, as determined by the Commissioner of the Department of Revenue under 830 CMR 58.2.1(6) through (9).
Municipality
- a city or town in the Commonwealth or, in a case in which two or more cities or towns agree to act jointly for some purpose hereunder then, collectively, all cities and towns participating in such a collaborative agreement.
Project
- a manufacturing workforce training project that will be developed within a MWT-TIF Zone by a private or not-for-profit developer in furtherance of the objectives of a MWT-TIF Plan and in accordance with a MWT-TIF Agreement between the property owner and the municipality.
MWT-TIF Agreement
-
See
429 CMR 2.05(6).
MWT-TIF Exemption
-
See
429 CMR 2.05(3).
MWT-TIF Plan
- the comprehensive plan of one or more municipalities for the development of a MWT-TIF Zone. The MWT-TIF Plan shall be prepared in accordance with the requirements of M.G.L. c. 40, § 60A and 429 CMR 2.05 and must be certified as an approved plan by the EACC.
MWT-TIF Program
- a program administered by the EACC which allows a municipality to use property tax incentives to encourage development in a MWT-TIF Zone.
MWT-TIF Project
- any project within a MWF-TIF Zone or any public project necessary to further the objectives of the MWT-TIF Plan and for which a property owner and a municipality have entered into a MWT-TIF Agreement.
MWT-TIF Zone
-
See
429 CMR 2.04; a MWT-TIF Zone shall be within an area approved by the EACC and included in a MWT-TIF Plan approved by the EACC.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.03 - Overview of the Manufacturing Workforce Training Tax Increment Financing Program (MWT-TIF)

Current through Register 1525, July 5, 2024
(1)
Purpose of the Program
. In an effort to encourage increased commercial growth of manufacturing facilities that have been located in a city or town for not less than two years, the legislature has authorized the creation of the Manufacturing Workforce Training Tax Increment Financing (MWT-TIF) Program. Upon the execution of MWT-TIF Agreements with employers in accordance with M.G.L. c. 40, § 60A, cities and towns will designate appropriate locations as MWT-TIF Zones. Local designation of MWT-TIF Zones will enable municipalities, with the assistance of property tax incentives, to encourage private manufacturing workforce development. These incentives will make available capital that will facilitate the financing of MWT-TIF Projects.
(2)
The WTF-TIF Process.
(a) The municipality prepares a WTF-TIF Plan in accordance with the procedures set forth in 429 CMR 2.05. The WTF-TIF Plan must:
1. designate one or more areas of such city or town as a MWT-TIF;
2. describe in detail all training, retraining, and workforce repositioning contemplated for such MWT-TIF Zone as of the date of adoption of the MWT-TIF Plan that shall be eligible for the MWT-TIF;
3. authorize MWT-TIF Exemptions from property taxes
4. include executed agreements between such city or town and each eligible owner of a parcel of real property which is located in a MWT-TIF Zone; and
5. delegate to one board, agency, or officer of the city or town the authority to execute agreements in accordance with 429 CMR 2.03(2)(a)4.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.04 - Designation of MWT-TIF Zones

Current through Register 1525, July 5, 2024
The MWT-TIF Plan shall describe in detail which areas of the city or town have been designated as MWT-TIF Zones. MWT-TIF Zones must meet the following requirements:
(1) Each MWT-TIF Zone must be wholly within an area which is an Economic Target Area as described in regulations adopted by the EACC in accordance with M.G.L. c. 23A, § 3D.
(2) In the case of a MWT-TIF Plan adopted by more than one city or town, the areas designated as MWT-TIF Zones shall be contiguous areas of such cities or towns.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.06 - MWT-TIF Plan Certification

Current through Register 1525, July 5, 2024
(1) The municipality or municipalities shall submit the MWT-TIF Plan to the EACC for approval.
(2) Nine copies of the MWT-TIF Plan shall be submitted to the EACC. On the front cover of each copy the municipality shall clearly identify: the name of the municipality or municipalities submitting the plan; the location of the MWT-TIF Zone; the date of the plan; and the title "Manufacturing Workforce Training Tax Increment Financing Plan."
(3) The MWT-TIF Plan may be certified by the EACC as an approved MWT-TIF Plan if the EACC finds, based upon the information submitted and such additional investigation as the EACC may make, that:
(a) the plan is consistent with the requirements of 429 CMR 2.05;
(b) there is a high likelihood that the MWT-TIF Plan will result in actual economic benefits to the community; and
(c) the MWT-TIF Plan supports the public purpose of encouraging increased industrial and commercial activity in the Commonwealth.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.07 - Local Approval and Implementation of MWT-TIF Plans

Current through Register 1525, July 5, 2024
(1) A municipality, acting on its own behalf or in conjunction with one or more cities or towns, may adopt a MWT-TIF Plan by vote of its town meeting, town council, or city council, with the approval of the mayor where required by law, or as otherwise required by local law.
(2) A municipality may proceed with the implementation of its MWT-TIF Plan only after:
(a) each city and town proposing the MWT-TIF Plan formally adopts the MWT-TIF Plan; and
(b) the MWT-TIF Plan is approved by the EACC.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.08 - MWT-TIF Plan Revocation

Current through Register 1525, July 5, 2024
(1) A municipality may at any time revoke its designation of any MWT-TIF Zone and, as a consequence of such revocation, shall immediately cease the execution of any additional MWT-TIF Agreements(s) pursuant to 429 CMR 2.05(6).
(2) Such revocation shall not affect existing MWT-TIF Agreements relative to MWT-TIF Exemptions pursuant to 429 CMR 2.05 which were executed prior to the revocation.
(3) If the municipality shall recommend, and the EACC shall find, that one or more parties to the MWT-TIF Plan and the MWT-TIF Agreements incorporated in the MWT-TIF Plan have deviated from the MWT-TIF Plan without the approval of an amendment to the MWT-TIF Plan, pursuant to 429 CMR 2.06(4), so substantially as to constitute a material misrepresentation to the EACC and so as to jeopardize the realization of significant economic benefits that provided part of the basis for the EACC's original approval of the MWT-TIF Plan, then the EACC may revoke its approval of all or the relevant portions of the MWT-TIF Plan. The effect of such revocation shall be the elimination of the MWT-TIF Exemption for the property or properties designated in the revocation. To initiate the revocation process, the municipality must formally adopt its recommendation of revocation in the same manner as that in which the MWT-TIF Plan was adopted, prior to submitting it to the EACC.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.09 - Records and Documents

Current through Register 1525, July 5, 2024
(1) The municipality shall maintain accurate records and accounts of all MWT-TIF Zone activities, including without limitation records of receipts and expenditures for project activities within the MWT-TIF Zone.
(2) The municipality shall permit the Director of Economic Assistance, appointed pursuant to M. G. L. c. 23A, § 3C, and staff or auditors reporting to said Director, to examine all records and accounts of the MWT-TIF Zone, as requested.
(3) The board, agency, or officer of a municipality authorized to execute agreements in accordance with 429 CMR 2.05(5)  and 2.07 shall annually submit a report to the Director of Economic Assistance including:
(a) a detailed status report on all projects planned, implemented, or completed, in connection with the MWT-TIF Plan; and
(b) property tax revenues from parcels within the MWT-TIF Zone for the most recent fiscal year.
Code of Massachusetts Regulations › 429 CMR - EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT › Title 429 CMR 2.00 - Manufacturing Workforce Training Tax Increment Financing (mwt-tif) › Section 2.10 - Project Completion

Current through Register 1525, July 5, 2024
When a MWT-TIF Project within the MWT-TIF Zone is complete, the property owner shall request that the EACC issue a Certificate of Compliance.
When all projects within the MWT-TIF Zone are complete and all aspects of the MWT-TIF Plan are complete, the municipality shall submit to the Director of Economic Assistance such completion documents as may be prescribed by the EACC.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Section 4.01 - Registration and Claims in General

Current through Register 1525, July 5, 2024
(1) To file a
			 claim an unemployed individual shall appear in person and register for work at
			 the public employment office that is nearest to his home or nearest to the
			 place of business at which he was last employed, or in such other manner as the
			 Commissioner shall prescribe; except that an individual who has wage credits in
			 Massachusetts but is not residing in Massachusetts, may register and file
			 claims as provided for in
			 430 CMR 4.05,
			 Interstate Claims.
(3) The
			 effective date of a claim for an individual in partial unemployment shall be
			 the Sunday of the week immediately preceding the week in which such
			 registration and filing occurred, provided the individual was in partial
			 unemployment during such earlier week and such earlier week occurred after the
			 expiration of any benefit year previously established for such individual;
			 except that for good cause the Commissioner or his authorized agent may allow
			 an earlier effective date.
(a) In any case
			 where an earlier effective date has been allowed, it shall be deemed, for the
			 purpose of
			 430 CMR
			 4.00, that the individual registered and filed during
			 the week of the effective date.
(b)
			 In any case where an earlier effective date has been allowed, and the period
			 between the effective date allowed and the date on which the registration
			 actually occurred includes both weeks of partial and weeks of total
			 unemployment, waiting period credit or benefits will be allowed only for the
			 weeks of partial unemployment.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Section 4.03 - Replacement of Benefit Checks

Current through Register 1525, July 5, 2024
(1) Whenever a
			 benefit check has been lost or destroyed, such check may be replaced upon
			 application made to the Commissioner. Said application shall be made by the
			 claimant or by a holder in due course. Prior to granting such request, the
			 Commissioner, at his or her discretion, may require that a satisfactory surety
			 bond be furnished.
(2) Whenever a
			 check has not been cashed within 90 days from the date of issue thereof, it
			 will be void. The holder of such check may present the uncashed check to the
			 Commissioner or his or her authorized representative for the purpose of
			 issuance of a new check.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Section 4.05 - Interstate Claims

Current through Register 1525, July 5, 2024
430 CMR 4.05 governs the Massachusetts Division of Unemployment
				Assistance in its administrative cooperation with other States adopting a
				similar regulation for the payment of benefits to interstate claimants.
(1)
Definitions
. As
			 used in 430 CMR, unless the context clearly requires otherwise:
Agent State
means any State in which
				an individual files a claim for benefits from another State.
Benefits
means the compensation payable to an
				individual with respect to his unemployment, under the unemployment insurance
				law of any State.
Liable State
means any State against
				which an individual files, through another State, a claim for benefits.
Interstate Benefit Payment Plan
means
				the plan approved by the Interstate Conference of Employment Security Agencies
				under which benefits shall be payable to unemployed individuals absent from the
				State (or States) in which benefit credits have been accumulated.
Interstate Claimant
means an
				individual who claims benefits under the unemployment insurance law of one or
				more liable States through the facilities of an agent State. The term
				"interstate claimant" shall not include any commuter provided, however, that
				the Massachusetts Division of Unemployment Assistance may, by arrangement with
				any adjoining State employment security agency, treat certain commuters as
				interstate claimants if they reside in geographical areas from which the
				Massachusetts Division of Unemployment Assistance finds that requiring
				commuters to file their benefit claims in the State of their last employment
				would cause undue hardship to such claimants. The term "commuter" applies to
				each individual who, before becoming unemployed, customarily commuted from
				his/her residence in the agent State to his work in the liable State.
State
includes the District of Columbia and Puerto
				Rico.
Week of Unemployment
includes any week
				of unemployment as defined in the law of the liable State from which benefits
				with respect to such week are claimed.
(2)
Registration for
			 Work
.
(a) Each interstate
			 claimant shall be registered for work, through any public employment office in
			 the agent State when and as required by the law, regulations and procedures of
			 the agent State. Such registration shall be accepted as meeting the
			 registration requirements of the liable State.
(b) Each agent State shall duly report, to
			 the liable State in question, whether each interstate claimant meets the
			 registration requirements of the agent State.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Section 4.07 - Mass Layoff

Current through Register 1525, July 5, 2024
(1) The term "mass
			 layoff", not elsewhere defined, shall mean a separation of ten or more
			 employees for the same reason from employment in a single establishment for an
			 expected duration of seven or more days.
(2) In cases of mass layoffs arrangements may
			 be made for the distribution of claim application forms to the affected workers
			 at the plant, public employment office or other location. Such forms upon
			 completion and return in accordance with the schedule established by an
			 authorized representative of the Commissioner shall constitute the employee's
			 registration for work and claim for benefits as of the date established by the
			 form.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Section 4.09 - Combined Wage Claims

Current through Register 1525, July 5, 2024
430 CMR 4.09 governs the Massachusetts Division of Unemployment
				Assistance in its administration of an arrangement whereby an unemployed worker
				with covered employment or wages in more than one State may combine all such
				employment and wages in order to qualify for benefits or to receive more
				benefits.
(1)
Definitions:
As used in 430 CMR 4.09, unless the
			 context clearly requires otherwise:
Base Period and Benefit
			 Year
mean the base period and benefit year applicable under the
			 law of the paying state.
Combined Wage Claimant
means a
				claimant who has covered wages under the unemployment compensation law of more
				than one State and who has filed a claim under this arrangement.
Employment and Wages
. The term
				"employment" means all services which are covered under the unemployment
				compensation law of a State, whether expressed in terms of weeks or otherwise.
				The term "wages" refers to all remuneration for such employment.
Paying State
means a single State
				against which the claimant files a combined wage claim, if the claimant has
				wages and employment in that State's base period(s) and the claimant qualifies
				for unemployment benefits under the unemployment compensation law of that State
				using combined wages and employment.
State
includes the States of the
				United States, the District of Columbia, the Commonwealth of Puerto Rico and
				the Virgin Islands.
Transferring State
means the State in
				which a combined wage claimant had covered employment and wages in the base
				period of a paying State, and which transfers such employment and wages to the
				paying State for its use in determining the benefit rights of such claimant
				under its law.
(2) A
			 claimant who has had employment covered under the unemployment compensation law
			 of two or more States, whether or not he is monetarily qualified under one or
			 more of them, may elect to file a combined wage claim. He may not so elect, if
			 he had previously established a benefit year under the State or Federal
			 Unemployment Compensation Law and:
(a) The
			 benefit year has not ended, and
(b)
			 He still has unused benefit rights based on such benefit year.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Section 4.10 - Solicitation by Non-commercial Legal Training Programs

Current through Register 1525, July 5, 2024
The Division interprets the anti-solicitation provision of the
				last sentence of M.G.L. c. 151A, § 37 (and in particular its element of
				"business"), not to prohibit solicitation which is devoid of any commercial or
				commercially-motivated element. Non-profit, non- commercial entities, which
				seek to further the objectives of the employment security law by providing
				assistance to unemployed workers in representing them at Division hearings, and
				which charge no fee for their services (or which request, but do not require, a
				nominal gratuity, pursuant to Division authorization under M.G.L. c. 151A,
				§ 37), and their representatives are not, in the Division's view,
				prohibited by M.G.L. c. 151 A, § 37 from soliciting claimants for
				unemployment benefits for purposes of representing said claimants at such
				hearings and advocating for unemployment insurance benefits at such hearings.
				Any such solicitation is subject to reasonable restrictions of time, place and
				manner,
e.g.
430 CMR 4.08, to protect the rights of those
				unemployed persons being solicited and to assure that the smooth functioning of
				the business of the Division and the orderly administration of the employment
				security Law are not impaired.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Section 4.11 - Notice of Hearing

Current through Register 1525, July 5, 2024
The notice of hearing on an appeal of a determination or a
				redetermination by the Commissioner shall be mailed to all interested parties
				and their authorized representatives and shall specify the time, date, place of
				hearing and the issues to be considered at the hearing. The Commissioner shall
				mail the notice of hearing at least ten days before the hearing, unless all
				interested parties have, with the approval of the Commissioner, waived the
				notice or agreed to a shorter period of time. It shall be good cause for
				postponement of the scheduled hearing when an interested party or their
				attorney or authorized representative was not provided with adequate time to
				prepare for the hearing because the notice of hearing was mailed to such party,
				attorney or authorized representative less than ten days prior to the scheduled
				hearing.
GOOD CAUSE FOR FILING A REQUEST FOR HEARING BEYOND THE TEN DAY
				LIMIT AS PROVIDED FOR IN M.G. L. C. 151A, § 39(B)
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Good Cause for Filing a Request for Hearing Beyond the Ten Day Limit as Provided for in M.G.L. c. 151A, Section 39(B) › Section 4.12 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 4.12 through
				  430 CMR
				  4.15 is to set forth standards under which
				  the Commissioner of the Division may extend the ten day time limit for filing a
				  request for a hearing under M.G.L. c. 151A, § 39(b).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Good Cause for Filing a Request for Hearing Beyond the Ten Day Limit as Provided for in M.G.L. c. 151A, Section 39(B) › Section 4.13 - Filing a Request for a Hearing

Current through Register 1525, July 5, 2024
(1) An interested
				party shall request a hearing within ten calendar days after delivery, in hand,
				or mailing of the Commissioner's determination. This ten day filing period may
				be extended by the Commissioner, for good cause shown as set forth in
				430 CMR
				4.14, provided a party files his or her
				request for a hearing within 30 calendar days after delivery or mailing of the
				Commissioner's determination.
(2)
				The Commissioner shall not find good cause if a party fails to request a
				hearing within 30 calendar days after delivery or mailing of the Commissioner's
				determination.
(3) A request for a
				hearing shall be deemed filed on the date it is received, if delivered in hand
				to a Division employee designated to receive such request, or on the date
				postmarked, if mailed. A request is timely if it is delivered to the Division
				or postmarked on or before the tenth calendar day after the date of mailing or
				date of delivery, in hand, of the Commissioner's determination.
(4) Notwithstanding 430 CMR 4.13(1) through
				(3), where the party is an individual whose preferred language is listed under
				M.G.L. c.151A, § 62A and who did not receive the Commissioner's
				determination in his or her preferred language, the request for hearing shall
				be deemed timely if filed within 60 calendar days from the date of mailing of
				the determination or if filed after the 60 day period and the reason for the
				delay in filing is caused by the Commissioner's determination having not been
				in his/her preferred language.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Good Cause for Filing a Request for Hearing Beyond the Ten Day Limit as Provided for in M.G.L. c. 151A, Section 39(B) › Section 4.14 - Good Cause for a Late Appeal

Current through Register 1525, July 5, 2024
The Commissioner may extend the ten day filing period where a
				  party establishes to the satisfaction of the Commissioner or authorized
				  representative that circumstances beyond his or her control prevented the
				  filing of a request for a hearing within the prescribed ten day filing period.
				  Examples of good cause for a failure to file a timely request for a hearing
				  include, but are not limited to, the following:
(1) A delay by the United States Postal
				Service in delivering the Commissioner's determination;
(2) Death of a household member or an
				immediate family member (including a spouse, child, parent, brother, sister,
				grandparent, stepchild or parent of a spouse);
(3) A documented serious illness or
				hospitalization of a party household member an immediate family member during
				the entire ten day filing period or a portion of the appeal period if the
				party's ability to timely appeal is thereby affected;
(4) An emergency family crisis which requires
				a party's immediate attention during the entire ten day filing period or a
				portion of the appeal period if the party's ability to timely appeal is thereby
				affected;
(5) An inability to
				effectively communicate or comprehend English and the party is unable to find a
				suitable translator to explain the notice of determination within the ten day
				filing period;
(6) The
				Commissioner's determination is not received and the party promptly files a
				request for a hearing after he or she knows or should have known that a
				determination was issued;
(7) A
				continuing absence from the Commonwealth, while seeking employment, during all
				or most of the ten day filing period;
(8) Intimidation, coercion or harassment by
				an employer resulting in a party failing to timely request a hearing;
(9) A Division employee directly discourages
				a party from timely requesting a hearing and such discouragement results in a
				party believing that a hearing is futile or that no further steps are necessary
				to file a request for a hearing.
(10) An inability because of illiteracy or a
				psychological disability to understand that a request for a hearing must be
				filed within the ten day filing period;
(11) The individual's need to address the
				physical, psychological and legal effects of domestic violence as defined in
				M.G.L. c. 151A, § 1(g½);
(12) Any other circumstances beyond a party's
				control which prevented the filing of a timely appeal.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Good Cause for Filing a Request for Hearing Beyond the Ten Day Limit as Provided for in M.G.L. c. 151A, Section 39(B) › Section 4.15 - Late Appeals Filed Beyond 30 Days

Current through Register 1525, July 5, 2024
The 30 day limitation on filing a request for a hearing shall
				  not apply where the party establishes that:
(1) A Division employee directly discouraged
				the party from timely requesting a hearing and such discouragement results in
				the party believing that a hearing is futile or that no further steps are
				necessary to file a request for a hearing;
(2) The Commissioner's determination is
				received by the party beyond the 30 day extended filing period and the party
				promptly files a request for hearing;
(3) The Commissioner's determination is not
				received and the party promptly files a request for a hearing after he or she
				knows that a determination was issued.
(4) An employer threatened, intimidated or
				harassed the party or a witness for the party, which resulted in the party's
				failure to file for a timely hearing.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Use of Interpreters › Section 4.16 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 4.16 through
				  430 CMR
				  4.20 is to state the Division of Unemployment
				  Assistance's policy regarding the use of interpreters at administrative
				  hearings conducted under M.G.L. c. 151A, § 39(b).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Use of Interpreters › Section 4.17 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 4.16 through
				  4.20
				  apply to claimants who cannot effectively communicate in
				  English.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Use of Interpreters › Section 4.18 - Statement of Policy

Current through Register 1525, July 5, 2024
The Division of Unemployment Assistance encourages claimants
				  who cannot effectively communicate in English to use an interpreter at any
				  administrative hearing conducted under M.G.L. c. 151A, §
				  39(b).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Use of Interpreters › Section 4.20 - Matters Relating to Hearings

Current through Register 1525, July 5, 2024
(1) A claimant
				shall have the right to use an interpreter at a hearing, whether or not the
				claimant has indicated previously the need for an interpreter.
(2) If a claimant wants an interpreter but
				does not have one at the hearing, the claimant shall have the right to a stay
				of the hearing for the purpose of securing an interpreter.
(3) If at any point in the hearing, the
				review examiner observes that a claimant cannot effectively communicate in
				English, the review examiner shall attempt, on the record, to explain the
				claimant's right to a stay of the hearing for the purpose of securing an
				interpreter. The review examiner shall attempt to encourage the claimant to use
				an interpreter at the hearing.
(4)
				If a claimant elects to proceed without an interpreter, the claimant shall not
				be deemed to have waived the right to use an interpreter at any subsequent
				point in the hearing.
(5) The
				review examiner shall take all reasonable measures to ensure that a claimant
				who uses an interpreter at the hearing is able to comprehend the proceedings as
				fully as if the claimant was able to effectively communicate in
				English.
(6) The review examiner
				shall take all reasonable measures to ensure that the interpreter provides full
				interpretation throughout the hearing.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Interest on Overpaid Benefits › Section 4.21 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 4.21 through
				  430 CMR
				  4.26, inclusive, is to establish procedures
				  regarding interest on overpaid unemployment benefits as provided by M.G.L. c.
				  151A, § 69(a).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Interest on Overpaid Benefits › Section 4.22 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 4.21 through
				  4.26
				  applies to any individual who fails to pay when due any amount paid to said
				  individual because of such individual's failure knowingly to furnish accurate
				  information concerning any material fact, including amounts of remuneration
				  received, as provided in M.G.L.c.151A,§ 24(c).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Interest on Overpaid Benefits › Section 4.23 - Definitions

Current through Register 1525, July 5, 2024
Division
means the Division of
				  Unemployment Assistance.
Failure Knowingly to Furnish Accurate
				  Information
means that the overpayment resulted from
(a) the individual furnishing information which he or she
				  knew, or should have known, to be incorrect or
(b) the individual failed to furnish information which he or
				  she knew, or should have known, to be material.
Overpayment
means any amount of
				  unemployment benefits which an individual received in excess of that which he
				  or she was entitled to under the applicable law.
Remuneration
means any consideration
				  as defined in M.G.L. c. 151A, § 1(r)(3).