reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 16.00 - Home Care Worker Registry › Section 16.03 - Functions and Responsibilities of EOEA

Current through Register 1525, July 5, 2024
(1)
Home Care Worker Registry
. EOEA shall:
(a) Establish and maintain a Registry of HCW
			 Data submitted by HCW Agencies in accordance with 651 CMR 16.00.
(b) Collect information from ASAPs necessary
			 to identify all HCW Agencies subject to 651 CMR 16.00, notify said HCW
			 Agencies, and coordinate the submission of HCW Data for inclusion in the
			 Registry.
(c) Aggregate HCW Data,
			 conduct routine HCW Data matches in an effort to reduce duplicate records, and
			 assign a unique numerical identifier to each HCW.
(d) Determine and communicate HCW Data
			 submission schedules to relevant parties, and collect and update HCW Data on a
			 quarterly basis.
(e) Provide access
			 to the Registry in accordance with the provisions of 651 CMR 16.00.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 16.00 - Home Care Worker Registry › Section 16.04 - Functions and Responsibilities of HCW Agencies

Current through Register 1525, July 5, 2024
HCW Agencies shall:
(1)
			 Designate an employee to work with EOEA for the purpose of complying with the
			 requirements of 651 CMR 16.00.
(2)
			 Provide EOEA written notices to all employees subject to 651 CMR 16.00 and
			 inform them about the Registry and their rights and obligations.
(3) Inform and provide training to HCWs
			 regarding the exemption process set forth in 651 CMR 16.06(3), and ensure HCWs
			 have access to the exemption process as necessary.
(4) Attest to EOEA that the HCW Agency has
			 complied with the HCW written notice and exemption requirements established
			 under 651 CMR 16.00.
(5) Submit all
			 non-exempt HCW Data to EOEA in a timely manner using the file data structure
			 identified by EOEA, and submit it to EOEA using an EOEA-approved method, such
			 as secure email or SFTP.
(6) Attest
			 to EOEA that the HCW Data submitted to EOEA is current and accurate.
(7) Ensure HCWs do not face adverse
			 employment consequences as a result of their participation in the Registry or
			 claim of exemption.
(8) Ensure HCWs
			 do not bear any cost related to the implementation or maintenance of the
			 Registry.
(9) Create, maintain and
			 retain all relevant records necessary to comply with 651 CMR 16.00.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 16.00 - Home Care Worker Registry › Section 16.05 - Functions and Responsibilities of ASAPs

Current through Register 1525, July 5, 2024
ASAPs shall:
(1) Submit
			 to EOEA the contact information for all HCW Agencies with whom ASAPs have
			 contracted to provide Home Care Services.
(2) Provide written notification to each HCW
			 Agency with whom ASAPs have contracted regarding the implementation and
			 maintenance of the Registry and the requirements of 650 CMR 16.00.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 16.00 - Home Care Worker Registry › Section 16.06 - Home Care Worker Data

Current through Register 1525, July 5, 2024
(1)
Data
			 Elements
.
(a) HCW Agencies shall
			 collect the following information from all nonexempt HCWs employed by the HCW
			 Agency on a paid, unpaid, temporary, or permanent basis:
1. full name;
2. gender;
3. home address;
4. mailing address;
5. the full legal name of any Home Care
			 Worker Agency employing the home care worker;
6. the worker's job title; and
7. a list of any home care trainings or
			 certifications completed by the home care worker.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 16.00 - Home Care Worker Registry › Section 16.07 - Implementation, Maintenance, and Data Submission

Current through Register 1525, July 5, 2024
(1)
Registry
			 Implementation
.
(a) HCW Agencies
			 shall provide written notice to all HCWs regarding HCW's obligation to submit
			 the data elements listed in 651 CMR 16.06(1) to the Registry, and the exemption
			 process pursuant to 651 CMR 16.06(3), within 30 days after June 28,
			 2019.
(b) HCW Agencies shall
			 process exemption requests and compile the HCW Data for submission to EOEA
			 within 60 days after June 28, 2019.
(c) HCW Agencies shall submit their completed
			 HCW Data to EOEA within 90 days after June 28, 2019.
(d) EOEA shall aggregate all HCW Data
			 submitted by the HCW Agencies in accordance with 651 CMR 16.03 and use it to
			 create the Registry and provide Registry access within 90 days after the
			 deadline for HCW Agencies to submit the required HCW Data.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 16.00 - Home Care Worker Registry › Section 16.08 - Registry Access

Current through Register 1525, July 5, 2024
(1) The Registry
			 shall consist only of the HCW Data of nonexempt HCWs submitted to EOEA by the
			 HCW Agencies in accordance with 651 CMR 16.00.
(2) EOEA shall provide access to the HCW Data
			 contained in the Registry as follows:
(a)
The Public
. EOEA shall make available to the public an
			 HCW's full name, unique identification number, name of any HCW Agency employing
			 the HCW, and a list of home care trainings or certifications reported by the
			 HCW.
(b)
Other
			 Entities
.
1. An Employee
			 Organization, HCW Agency, or ASAP may submit a request to EOEA, in accordance
			 with a process developed by EOEA, to secure the release of all reported HCW
			 Data available.
2. HCW Data
			 released to an Employee Organization, HCW Agency, or ASAP shall be maintained
			 and secured in accordance with 651 CMR 16.08 and shall not be released to any
			 third parties.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 16.00 - Home Care Worker Registry › Section 16.09 - Records

Current through Register 1525, July 5, 2024
(1)
Applicable Law
.
(a) All Holders are subject to the provisions
			 of M.G.L. c. 66A,
			 801
			 CMR 3.00:
Home Care Program
,
			 101 CMR 16.00:
Personal Data Use and Permitted Disclosures by and among the Executive
			 Office of Health and Human Services and its Agencies
, and any other
			 applicable state or federal laws or regulations pertaining to privacy
			 protections, security, use, disclosure or maintenance of HCW Data, Personal
			 Data, or Commonwealth Security Information.
(b) Except as otherwise provided in 651 CMR
			 16.00, all records containing HCW Data, which are created, collected, used,
			 maintained, disseminated or received pursuant to 651 CMR 16.00 shall not be
			 Public Records and shall be governed by the provisions of M.G.L. c. 66A and
			 801
			 CMR 3.00:
Home Care
			 Program
.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 16.00 - Home Care Worker Registry › Section 16.10 - Compliance

Current through Register 1525, July 5, 2024
In the event an HCW Agency and/or an ASAP fails to comply with
				the provisions of 651 CMR 16.00, EOEA may, after providing written notice of
				the alleged violation and an opportunity to cure, seek corrective action, up to
				and including termination of any relevant contracts.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
Scope
. The provisions of 700 CMR 2.00 pertain to the
			 following enumerated administrative actions that the Massachusetts Department
			 of Transportation (MassDOT) may take under, or consistent with, the State
			 Administrative Procedure Act (M.G.L. c. 30A).
(a)
Adoption, Amendment, or
			 Repeal of a Regulation after a Hearing
. MassDOT undertakes actions
			 within this category in accordance with the provisions of the State
			 Administrative Procedure Act, M.G.L. c. 30A, §§ 1(5) and 2.
(b)
Adoption, Amendment, or
			 Repeal of a Regulation without a Hearing
. MassDOT undertakes
			 actions within this category in accordance with the provisions of the State
			 Administrative Procedure Act, M.G.L. c. 30A, §§ 1(5) and 3.
(c)
Issuance of an Advisory
			 Ruling
. MassDOT undertakes actions within this category in
			 accordance with the provisions of the State Administrative Procedure Act,
			 M.G.L. c. 30A, § 8.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.02 - Petition by an Interested Person or Entity

Current through Register 1525, July 5, 2024
(1)
Scope
. In
			 accordance with M.G.L. c. 30A, §§ 4, 700 CMR 2.02 governs the
			 procedure by which an interested person or entity may submit a petition to
			 MassDOT requesting that it take administrative action under one of the
			 categories specified in 700 CMR 2.01(1).
(2)
Who May
			 Petition
. Any person or entity with an interest in the subject
			 matter (a petitioner) may submit a petition to MassDOT.
(3)
Duty of the
			 Petitioner
. In furtherance of MassDOT's desire to obtain as
			 accurate and balanced a view as practicable of the issues that petitions
			 submitted under 700 CMR 2.02 present, a petitioner shall make all reasonable
			 efforts to ensure that a petition:
(a) is
			 complete and accurate in all material respects; and
(b) is not misleading because of an undue
			 emphasis on information or views favorable to the petitioner or a de-emphasis
			 of information or views unfavorable to the petitioner.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.03 - Initial Determinations with Respect to a Petition

Current through Register 1525, July 5, 2024
(1)
Scope
. 700 CMR
			 2.03 governs the procedures by which MassDOT makes initial determinations
			 regarding the nature of a petition and whether it conforms to the requirements
			 of 700 CMR 2.02.
(2)
Who Makes the Initial Determinations
. Subject to 700
			 CMR 2.03(6), the general counsel makes the initial determinations under 700 CMR
			 2.03.
(3)
Nature of the
			 Petition
. The general counsel determines the nature of the
			 petition by:
(a) classifying it as one of the
			 types of administrative action noted in 700 CMR 2.01(1);
(b) classifying it as more than one type of
			 administrative action noted in 700 CMR 2.01(1) and recommending that the
			 petitioner amend the petition so that MassDOT can appropriately consider it
			 under each of such categories; or
(c) concluding that MassDOT should not
			 consider the petition. One basis upon which the general counsel may conclude
			 that MassDOT should not consider the petition under 700 CMR 2.00 is that the
			 petition seeks adjudicatory rather than rulemaking action.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.04 - Decision by MassDOT with Respect to a Petition

Current through Register 1525, July 5, 2024
(1)
Scope
. 700 CMR
			 2.04 governs the procedure by which MassDOT determines how to proceed with a
			 petition submitted under 700 CMR 2.02.
(2)
Alternative
			 Actions
. MassDOT may consider any recommendations or
			 determinations that the general counsel makes under 700 CMR 2.03 with respect
			 to a petition or may consider a petition alone. MassDOT may decide to:
(a) take no further action on a
			 petition;
(b) postpone action on a
			 petition until the petitioner has redrafted or supplemented it to meet stated
			 deficiencies;
(c) postpone action
			 on a petition to a subsequent meeting or indefinitely;
(d) proceed under 700 CMR 2.06, and in
			 accordance with the requirements of M.G.L. c. 30A, § 2, to adopt, amend,
			 or repeal a regulation of MassDOT after a hearing;
(e) proceed under 700 CMR 2.07, and in
			 accordance with the requirements of M.G.L. c. 30A, § 3, to adopt, amend,
			 or repeal a regulation of MassDOT without a hearing;
(f) proceed under 700 CMR 2.08, and in
			 accordance with the requirements of M.G.L. c. 30A, § 8, to issue an
			 Advisory Ruling; or
(g) take any
			 other action that MassDOT deems appropriate.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.05 - Initiation of an Action by MassDOT

Current through Register 1525, July 5, 2024
MassDOT may, at its own initiative and at any time, decide to
				proceed under 700 CMR 2.06 or 2.07.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.06 - Adoption, Amendment, or Repeal of a Regulation after a Hearing

Current through Register 1525, July 5, 2024
(1)
Scope
. 700 CMR
			 2.06 governs the procedure by which MassDOT, acting either in response to a
			 petition submitted under 700 CMR 2.02 or on its own initiative, acts to adopt,
			 amend, or repeal a regulation after a hearing.
(2)
Requirement of a
			 Hearing
. MassDOT takes action to adopt, amend, or repeal a
			 regulation in conformance with 700 CMR 2.06 if M.G.L. c. 30A, § 2,
			 requires a hearing.
(3)
Notice
. MassDOT provides notice in accordance with the
			 requirements of M.G.L. c. 30A, § 2, and any other applicable law, prior to
			 the adoption, amendment, or repeal of a regulation as to which a hearing is
			 required.
(4)
Conduct
			 of the Hearing
. A hearing takes place on the date and at the place
			 specified in the notice provided under 700 CMR 2.06(3). MassDOT conducts the
			 hearing in conformance with M.G.L. c. 30A, § 2, and the following
			 provisions.
(a) One or more MassDOT designees,
			 the general counsel, or a hearing officer designated by MassDOT (referred to
			 simply as the hearing officer) may conduct a hearing.
(b) The hearing officer may impose reasonable
			 time or other restrictions on the presentation of testimony or materials in
			 order to make best use of the time initially allotted for the
			 hearing.
(c) The hearing officer
			 may adjourn and continue the hearing to a specified time and place if the
			 hearing officer determines that the initial time allotted for the hearing has
			 proven to be insufficient in view of the goal of providing MassDOT with as
			 accurate and balanced a view of the relevant facts and issues as is
			 practicable.
(d) The hearing
			 officer shall submit a report to MassDOT, either orally or in writing as
			 MassDOT determines, that includes a summary of the proceedings, any
			 recommendations that the hearing officer may wish to make, and all materials
			 submitted at the hearing in accordance with 700 CMR 2.06(5).
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.07 - Adoption, Amendment, or Repeal of a Regulation without a Hearing

Current through Register 1525, July 5, 2024
(1)
Scope
. 700 CMR
			 2.07 governs the procedure by which MassDOT, acting either in response to a
			 petition submitted under 700 CMR 2.02 or on its own initiative, acts to adopt,
			 amend, or repeal a regulation without a hearing.
(2)
Determination That a Hearing
			 Is Not Required
. MassDOT takes action to adopt, amend, or repeal a
			 regulation in conformance with 700 CMR 2.07 if M.G.L. c. 30A, § 3, does
			 not require a hearing.
(3)
Notice
. MassDOT provides notice in accordance with the
			 requirements of M.G.L. c. 30A, § 3, and any other applicable law prior to
			 the adoption, amendment, or repeal of a regulation as to which a hearing is not
			 required.
(4)
Submission of Materials
. An interested person may
			 submit written materials to MassDOT relating to the subject matter of the
			 proposed adoption, amendment, or repeal of a regulation. Such materials are
			 addressed to the general counsel at the main office of MassDOT or delivered in
			 person to the main office during regular business hours. The written materials
			 must identify the sender by name and address, and the general counsel must
			 receive the materials not later than five business days before the date set out
			 in the notice under 700 CMR 2.07(3). MassDOT may specify in the notice provided
			 under 700 CMR 2.07(3) the manner, place, and time that interested persons may
			 orally present data, views, or argument if MassDOT determines that oral
			 presentations are desirable and practicable.
(5)
Decision
. In
			 making its decision regarding the proposed adoption, amendment, or repeal of a
			 regulation, MassDOT may take into account in whatever manner and to whatever
			 extent it deems appropriate any oral or written information, opinion, or
			 argument presented under 700 CMR 2.07(4) and any other oral or written
			 information, opinion, or argument that MassDOT decides to consider in order to
			 assist it in reaching a decision.
(6)
Form of the
			 Regulation
. MassDOT may decide to adopt, amend, or repeal a
			 regulation in a revised form in a manner that is consistent with the
			 requirements of 700 CMR 2.07(3).
(7)
Emergency
			 Regulation
. Notwithstanding the provisions or requirements of any
			 other subsection of 700 CMR 2.07, MassDOT may adopt an emergency regulation
			 under the circumstances described by, and in conformance with, M.G.L. c. 30A,
			 § 3.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.08 - Issuance of an Advisory Ruling

Current through Register 1525, July 5, 2024
MassDOT may issue an Advisory Ruling in response to a petition
				submitted under 700 CMR 2.02. MassDOT is disinclined to answer hypothetical or
				abstract questions or questions that inquire generally about the construction
				or application of a particular statute, regulation, or policy absent a specific
				factual underpinning set forth in the petition.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 2.09 - Filing, Publication, and Public Access

Current through Register 1525, July 5, 2024
MassDOT conforms to the filing requirements of M.G.L. c. 30A,
				§ 5, with respect to actions that MassDOT takes under 700 CMR 2.06 or 2.07
				and provides to the state secretary all documents required to be provided under
				M.G.L. c. 30A, § 6, for publication in the
Massachusetts
				Register
. MassDOT provides public access to the regulations of MassDOT
				in conformance with the requirements of M.G.L. c. 30A, § 6B. MassDOT also
				provides public access to all Advisory Rulings issued under 700 CMR 2.08 at its
				main office during normal business hours and provides copies of Advisory
				Rulings upon request for a reasonable fee.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.02 - Licenses; Permits; Exemptions; Off Premise Hybrid Permit

Current through Register 1525, July 5, 2024
(1)
Licenses.
(a) No person shall engage in the business of
			 outdoor advertising in the Commonwealth of Massachusetts by means of any sign
			 or signs without first obtaining a license therefore from the
			 Director.
(b) Notwithstanding the
			 requirements of 700 CMR 3.02(1)(a), no license shall be required for any person
			 whose outdoor advertising activities are limited to:
1. Erecting and maintaining signs in
			 conformity with law and which advertise, contain or indicate:
a. Either the entity which primarily occupies
			 the premises in question or a principal activity taking place on the property
			 where the sign is located; or
b.
			 The property itself or any part thereof as for sale or to let, and which
			 contain no other matter.
2. Erecting or maintaining a sign painted on
			 or attached to the surface of any vehicle provided said vehicle is used
			 primarily for purposes other than advertising; or
3. Signs or other devices on or in the
			 rolling stock of any common carrier or signs or other devices on or in
			 stations, subways or structures of or used by any common carrier unless such
			 signs or devices are displayed within view of a public way.
(c) Licenses issued by the
			 Director are non-transferable.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.03 - License and Permit Fees; Expiration of and Revocation of Licenses and Permits

Current through Register 1525, July 5, 2024
(1)
Licenses.
(a) Each
			 initial application for a license shall be made on a form furnished by the
			 Director and accompanied by a nonrefundable fee as stated in 700 CMR 3.03.
			 Licenses shall expire on December 31st of each year,
			 unless otherwise revoked or further extended by the Director. Applications for
			 the renewal of licenses shall be received by the Director not later than the
			 last business day of November of each year unless otherwise extended by the
			 Director. All license applications shall be on a form furnished by the Director
			 and accompanied by a nonrefundable fee based upon the number of permits then
			 granted to the licensee as follows:
0 - 200 permits $ 1,000.00
In excess of 200 permits $ 1,500.00
(b) The Director reserves the right, after
			 notice and opportunity for hearing, to revoke for cause any license at any
			 time. Without limitation, any of the following shall constitute grounds for
			 revocation of any license as well as for imposition of any other penalty
			 provided by law:
1. Noncompliance with the
			 requirements of
			 700 CMR 3.00, the
			 Massachusetts General Laws, Federal Laws or the Federal-State Agreement, or any
			 permit or license issued by the Director;
2. Any willful violation of any requirement
			 of
			 700 CMR 3.00, the
			 Massachusetts General Laws or any permit or license issued by the
			 Director;
3. Any action relating to
			 signs or outdoor advertising that adversely impacts the public health, safety,
			 welfare or the environment;
4. Any
			 submission of false, misleading or deceptive information in any application or
			 in response to any information request by the Director.
(c) If a license is not renewed by the
			 Director or is revoked by the Director, all signs formerly authorized by permit
			 to the licensee shall be removed by the licensee within 60 days of the date of
			 notification of such final action of non-renewal or revocation, except any sign
			 the permit for which has been duly transferred to a licensee in good standing
			 pursuant to
			 700 CMR
			 3.12.
(d) If a licensee fails to remove a sign as
			 required by 700 CMR 3.03(1)(c), the Department may cause the sign to be removed
			 and disposed of in accordance with applicable law without liability of the
			 Department to the licensee or the owner of the sign in connection with said
			 removal, and said licensee or owner shall be liable for the costs of such
			 removal pursuant to M.G.L. c. 93D, § 30A, and M.G.L. c. 111, §§
			 123 through 125.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.04 - Procedure for Processing and Requirements for Application for a License and License Renewal

Current through Register 1525, July 5, 2024
(1) Upon
			 receipt of a completed application issued by the Director and all other
			 necessary documents along with the required fee for a license or license
			 renewal, the Director shall consider the application. In determining whether to
			 grant or deny the application, the Director shall consider whether the
			 applicant is fit to engage in the business of outdoor advertising in the
			 Commonwealth based on the record, character, business reputation, actions or
			 omissions of the applicant, or of any person specified in the application. If
			 the application is denied, the Director shall issue a concise statement of the
			 reasons for the denial.
(2) Any
			 person aggrieved by the determination of the Director to deny a license may
			 initiate an adjudicatory proceeding in accordance with
			 700
			 CMR 3.19.
(3) A determination to grant or deny a
			 license shall become final if no hearing is requested within the time allowed
			 by law.
(4) Pursuant to
			 700 CMR
			 3.02(1), the application
			 requirements for a new license are as follows:
(a) A completed license application issued by
			 the Director.
(b) Certification
			 that the applicant has paid all local taxes and all state taxes due and payable
			 as required by M.G.L.c. 62C, § 49A.
(c) A Certificate of Good Standing issued by
			 the Massachusetts Department of Revenue (This applies to Corporations and
			 Limited Liability Companies only).
(d) The required license fee.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.05 - Procedure for Processing Applications for New Permits, Temporary Permits, Permit Renewals and Permit Transfers

Current through Register 1525, July 5, 2024
(1)
			 Each application for any new permit, temporary permit, permit renewal or permit
			 transfer shall be processed in accordance with the procedure set forth in 700
			 CMR 3.05. The Director may however, waive any procedure set forth in 700 CMR
			 3.05 not specifically required by statute.
(2) Within a reasonable time after the filing
			 of a completed application, the Director shall make a determination in writing
			 on whether to grant or deny the application. If the determination is to deny
			 the application, the Director shall set forth a brief summary of reasons for
			 the denial, including citations to applicable law and the provisions of
			 700 CMR 3.00 relied
			 upon.
(3) Within a reasonable time
			 after making a determination as set forth in 700 CMR 3.05(2), the Director
			 shall send by mail, written notification to the applicant of that
			 determination.
(4) If the
			 determination is to deny, the applicant may request a hearing in accordance
			 with
			 700
			 CMR 3.19.
(5) All hearings referred to in 700 CMR 3.05
			 shall be conducted as adjudicatory proceedings pursuant to
			 700
			 CMR 3.19.
(6) A determination shall become final:
(a) If no hearing is requested by the
			 applicant within the time allowed after receipt of notification of issuance of
			 the determination; or
(b) Upon the
			 decision by the hearing officer to grant or deny after a hearing.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.06 - Specific Information to be Submitted with New and Temporary Permit Applications

Current through Register 1525, July 5, 2024
(1)
			 Pursuant to
			 700 CMR
			 3.02(2), the application
			 requirements for a new permit and a temporary permit are as follows:
(a) A completed permit application issued by
			 the Director with the required signatures;
(b) Plans and specifications showing the
			 proposed dimensions, materials, location, number of faces, anchorage and other
			 construction details of the sign sufficient to satisfy 780 CMR 14.00:
Exterior Walls;
(c) A copy of a plan or map showing the area
			 within a 680 foot radius of the proposed sign and including therein all public
			 parks, reservations, public ways, businesses, water bodies or water ways,
			 residential properties, historic properties or districts, and any other
			 buildings, signs, and other natural features and structural improvements
			 viewable from the principal highways which the sign is to be located;
(d) A copy of a plan or map that includes the
			 area of the proposed location of the sign as measured along all public ways
			 within 500 feet of the sign location;
(e) A certified plot plan showing the exact
			 location of the proposed sign;
(f)
			 A list identifying by name and address the two separate businesses, industrial
			 or commercial activities relied on by the applicant to satisfy
			 700 CMR
			 3.07(3);
(g) A set of photographs of adequate size and
			 viewing angles to depict fairly and accurately the proposed location of the
			 sign and the surrounding area;
(h)
			 Certification by the applicant that the property owner or authorized agent
			 thereof has assented to the erection and maintenance of the sign at the
			 location shown in the application;
(i) Certification by a duly authorized
			 official of the city or town where the proposed sign is to be located executed
			 no earlier than 60 days before the filing of the application showing the
			 proposed location is in conformity with the ordinances/bylaws, special permits
			 and/or variances of the city or town. Each municipality may designate which
			 official is required to sign the application. In the event that a municipality
			 has not made the designation of which official is required to sign-off on the
			 application, it shall be presumed that the Building Inspector or their
			 equivalent shall be the duly authorized official to sign.
(j) Certification that all property owners
			 within 500 feet of the proposed location of the sign have been notified by
			 certified mail at least 30 days prior to submitting the application to the
			 Department.
(k) The required permit
			 fee.
(l) Information specifying the
			 owner of the sign, the owner of the real estate on which the sign is located,
			 the height, illumination, construction and dimensions of a sign.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.07 - Requirements for New Permits

Current through Register 1525, July 5, 2024
(1)
			 Permits issued by the Director for any sign are revocable, and of limited
			 duration. Such permits do not create property rights. Nothing in
			 700 CMR 3.00 is intended and
			 nothing should be construed to create vested property rights of any
			 kind.
(2) The requirements of 700
			 CMR 3.07 shall apply to the initial issuance of any permit.
(3) No permit shall be granted or renewed for
			 a sign that is not located in an area of a business character. An area may be
			 deemed to be of business character only if all of the following requirements
			 are met:
(a) At least two separate business,
			 industrial or commercial activities are being conducted within a distance of
			 500 feet from the proposed location of the sign, measuring from such proposed
			 location to the buildings or parking lots or other places of actual business,
			 industrial or commercial activity. The term "business, industrial, or
			 commercial activities" as used in 700 CMR 3.07 shall not include residential
			 trailer parks, railroad tracks and minor sidings; dumps, gravel pits and
			 landfill operations, nor any agricultural, horticultural, or floricultural
			 activities, nor any activity not visible from the public way upon which the
			 sign is to face.
(b) The area in
			 which the sign is to be located is not predominantly residential, agricultural
			 or open space or natural area.
(c)
			 The area in which the sign is to be located is zoned for industrial or
			 commercial use.
(d) The provisions
			 set forth in 700 CMR 3.07(3)(a) through (c) may not apply to Street Furniture
			 or Pillar Displays.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.08 - Requirements for Renewal of Permits

Current through Register 1525, July 5, 2024
(1)
			 Each application for a permit renewal shall be processed in accordance with the
			 procedure set forth in
			 700
			 CMR 3.05.
(2) Upon the filing of a completed
			 application, the Director shall make a determination in writing on whether to
			 grant or deny the application. If the determination is made to deny the
			 application, the Director shall set forth a brief summary of reasons therefore,
			 including citations of the provisions of
			 700 CMR 3.00 or other laws
			 relied upon.
(3) No renewal of a
			 permit shall be granted for a sign which the Director, determines would not be
			 in harmony with or suitable for the surrounding area or would continue to
			 adversely impact the visual environment. In making this determination, the
			 Director may consider, among other factors, the health, safety and general
			 welfare of the public; the scenic beauty of the area; the physical,
			 environmental, cultural, historical or architectural characteristics of the
			 location and the area; the structure, height and size of the sign; light and
			 brightness of the sign; and the number of signs, including on premise and
			 accessory use signs, which are in the area wherein the sign is located. The
			 existence of any sign or signs in an area shall not require a finding that the
			 renewal of the sign would be in harmony with the area.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.09 - License and Permit Revocation

Current through Register 1525, July 5, 2024
(1) If
			 it is determined that a permit has been issued in error, not involving fraud or
			 misrepresentation by the applicant, and a sign has been constructed pursuant to
			 said permit, the Director may:
(a) Revoke said
			 permit and order the removal of the subject sign;
(b) Grant the sign Non-conforming status for
			 such period as the Director deems reasonable; or
(c) Enter into a settlement agreement with
			 the permit holder.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.10 - Permit Amendment

Current through Register 1525, July 5, 2024
(1) A permit
			 may be amended by the Director at any time after issuance, upon the application
			 of the permittee, as to location, height, area, illumination, materials and
			 means of support.
(2)
			 Non-conforming and/or Grandfathered signs shall not be eligible for any permit
			 amendments.
(3) Any modification to
			 a sign shall require approval by the Department. An applicant shall submit a
			 completed Permit Amendment Application prior to modifying any sign.
(4) The applicant shall pay the required
			 application fee.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.11 - Rotating or Alternate Faces

Current through Register 1525, July 5, 2024
Upon appropriate application and payment pursuant to
				700
				CMR 3.03(2)(a), a permit may
				allow the display of not more than three alternate or rotating messages upon a
				single sign. Each message or display shall remain static for a minimum of ten
				seconds. 700 CMR 3.11 does not apply to electronic signs.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.12 - Permit Transfer

Current through Register 1525, July 5, 2024
(1) A permit
			 may only be transferred upon the written request of the transferor and
			 transferee. Requests for a permit transfer shall be in writing and signed by
			 the transferor and transferee. No permit shall be transferred without the prior
			 written approval of the Director.
(2) The transferor and transferee must be
			 licensees or permittees in good standing in order to effectuate a permit
			 transfer. Any transfer of a permit shall not cure any deficiencies or
			 delinquencies in the transferred permit.
(3) The applicant shall pay the required
			 application fee as provided in
			 700
			 CMR 3.03(2)(a).
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.13 - Maintenance of Signs

Current through Register 1525, July 5, 2024
It shall be a condition of the granting or renewal of a permit
				that the sign authorized thereby shall:
(1) Not be modified other than as authorized
			 in a permit from the Director.
(2)
			 Not have full length cut-outs, projections or extensions beyond the dimensions
			 specified in the permit, and in no event shall such cut-out exceed five feet on
			 top or bottom of the sign, and two feet on either side of the sign.
(3) Have no moving or movable parts, or
			 flashing, animated, intermittent or other illumination, other than as
			 authorized by a permit from the Director.
(4) Kept reasonably clean and neat and in
			 proper condition, that all necessary ordinary/ customary maintenance be
			 performed, and that the sign and the ground about it shall be kept free from
			 all rubbish and other material.
(5)
			 Bear the name of the permittee and the most recent permit number of the sign
			 assigned by the Director, both of which shall be identical in height and
			 clearly visible from the principal public way on which the sign faces. All
			 signs under permit to the same permittee or licensed advertiser shall bear the
			 name and number in the same relative location on each sign.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.14 - Duty of Compliance

Current through Register 1525, July 5, 2024
(1) No
			 grant of any license, renewal, transfer, or other action or inaction by the
			 Department shall relieve any person from the duty to comply with
			 700 CMR 3.00 or estop or
			 prevent the Director from enforcing
			 700 CMR 3.00 in any manner
			 provided by law.
(2) Any new sign
			 approved by the Director must be completely erected within one year from date
			 of issuance of the permit or the permit shall become null and void unless a
			 written extension is approved by the Director.
(3) A permit which is subject to a tenancy
			 agreement may be revoked if that tenancy is terminated.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.15 - Repair or Restoration of Signs

Current through Register 1525, July 5, 2024
(1) A permittee shall repair or restore to a
			 safe condition any part of a conforming sign when the sign is
			 damaged.
(2) In the event that any
			 non-conforming and/or Grandfathered sign is damaged or deemed structurally
			 unsafe by the Department or any municipal inspectional service department the
			 subject sign shall be removed at the permit holder's expense.
(3) In the event the owner or permittee fails
			 to restore or remove the sign, as set forth in 700 CMR 3.15(2) and (3), the
			 sign shall be deemed abandoned and subject to removal pursuant to
			 700
			 CMR 3.03(2)(g). If any sign
			 is left abandoned or in dilapidated condition for a period of more than three
			 months, the subject sign shall be removed by the permit holder.
(4) In the event that any Non-conforming
			 and/or Grandfathered sign is, removed or taken down by the sign and/or property
			 owner for any reason, left abandoned or in dilapidated condition for a period
			 of more than three months the sign shall lose its Non-conforming and/or
			 Grandfathered status. Any new structure will need a new permit and will be
			 required to be in compliance with the requirements of
			 700 CMR 3.00.
(5)700 CMR 3.15 shall not apply to ordinary
			 or customary maintenance. No repairs that will prolong the useful life of the
			 sign are permitted for Non-Conforming and/or Grandfathered signs.
(6) Notwithstanding 700 CMR 3.15(1) through
			 (5), the Director may issue a permit for a Non-conforming and/or Grandfathered
			 sign which has been destroyed by an act of nature such as a storm or
			 fire.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.16 - Required Notifications

Current through Register 1525, July 5, 2024
The holder of any license or any permit shall notify the
				Director in writing within ten days of any of the following, setting forth the
				details thereof:
(1) Any change of
			 business addresses, primary phone number, email or other pertinent contact
			 information of the license and/or permit holder.
(2) The erection, repair, restoration or
			 removal of any sign by the license or permit holder. In the case of the
			 erection of a sign, the notice shall include a set of photographs of adequate
			 size and viewing angles to depict fairly and accurately the location of the
			 sign and the surrounding area.
(3)
			 The surrender, cancellation, or relinquishment of any license or permit by the
			 license and/or permit holder.
(4)
			 The abandonment of any sign.
(5)
			 Any revocation, denial or other final refusal by the owner of the property
			 where the sign is located to continue to permit the presence of the
			 sign.
(6) The issuance of any
			 permit for construction of a new sign.
(7) The adoption or amendment of a municipal
			 ordinance or by-law applicable to signs covered by the license or permit as
			 soon as the licensee or permittee has knowledge thereof.
(8) Any material change in the area where the
			 sign is located relevant to
			 700 CMR 3.00 including,
			 without limitation, any reduction from the required number of businesses within
			 500 feet of the sign or any establishment of a public park or reservation
			 within 300 feet of the sign, as soon as the permittee has knowledge
			 thereof.
(9) Any posting of a sign
			 by a person other than the permit holder, setting forth the identity of that
			 person and the provision made for compliance with
			 700 CMR
			 3.12.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.17 - Requirements for Electronic Sign Permits

Current through Register 1525, July 5, 2024
(1) Permits for Electronic Signs require the
			 prior written approval of the municipality wherein the proposed sign will be
			 located unless otherwise exempted by State law.
(2) Except as otherwise prohibited by Federal
			 or Massachusetts law and regulations, or local ordinances or zoning
			 regulations, permits for Electronic Signs may be issued provided such sign
			 complies with all of the following:
(a) Each
			 static display must last at least ten seconds.
(b) Achieves an instant message
			 change.
(c) Does not display
			 illumination that moves, appears to move or changes in intensity during the
			 static display period. This does not include changes to a display for time,
			 date and temperature.
(d)
			 Automatically adjusts the intensity of its display according to natural ambient
			 light conditions.
(e) The
			 brightness of an Electronic Sign shall not exceed 0.3 foot candles above
			 ambient light, as measured using a foot candle meter at a pre-set distance.
			 Distances to measure the foot candle impact vary with the expected viewing
			 distance of each size sign. Measurements should be taken perpendicular to the
			 face. Measurement distance criteria:
Face Size
Distance to be measured from
12 x 25
150 feet
10'6 x 36
200 feet
14 x 48
250 feet
20 x 60
350 feet
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.18 - Fines/Penalties

Current through Register 1525, July 5, 2024
A violation of any of the provisions of
				700 CMR 3.00 shall result in a
				fine in accordance with M.G.L. c. 93D. Additionally, anyone who fails to remedy
				any non compliance of 700 CMR within seven days after receipt of written
				notification from the Director, shall be subject to an additional fine in
				accordance with M.G.L. c. 93D. These fines shall be in addition to any other
				fine or penalty provided by law. Furthermore, the Department may remove any
				such sign at the sole expense of the sign owner.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.20 - Municipal Authority

Current through Register 1525, July 5, 2024
Nothing in
				700 CMR 3.00 shall be
				construed as prohibiting any municipality from imposing stricter limitations
				than those set forth in
				700 CMR
				3.00.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.21 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				700 CMR 3.00 or the
				application thereof to any person or circumstance is held invalid, such
				invalidity shall not affect other provisions of
				700 CMR 3.00 or applications
				thereof which can be given effect without the invalid provision or
				application.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
700
				CMR 4.00 establishes a program, referred to as the
				Industrial Rail Access Program. The purpose of this program is to provide
				funding for projects that increase access to rail freight service and preserve
				or stimulate economic development through the generation of new or expanded
				rail service. To accomplish this objective, the program may provide funding to
				implement rail improvements under M.G.L. c. 161C, and for transportation
				planning, design, engineering, permitting, and/or the acquisition of interests
				in land related to such rail improvements.