reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications › Section 24.06 - TPM Directory

Current through Register 1525, July 5, 2024
With respect to his review of TPM Certifications and his
				consultation with the Commissioner pursuant to M.G.L. c. 94F s. 2(g), regarding
				the TPM Directory, the Attorney General may consider the following factors, any
				of which may be sufficient ground for exclusion from the TPM Directory:
(a) Whether the TPM timely filed its TPM
			 Certification, including any necessary Supplemental TPM
			 Certification;
(b) Whether the TPM
			 Certification is accurate, complete, and in conformance with
			 940 CMR 24.00, and whether
			 the TPM has provided all required information and documents, including any
			 additional information and documents requested by the Attorney
			 General;
(c) Whether the TPM
			 Certification contains misrepresentations or fails to disclose material
			 facts;
(d) Whether the TPM has
			 fully and timely funded a Qualified Escrow Fund that is subject to an escrow
			 agreement that has been approved by the Attorney General;
(e) Whether each TPM of a given Brand Family
			 has submitted a TPM Certification that is in compliance with M.G.L. c.
			 94F;
(f) Whether the TPM or its
			 Brand Family is, or has been, the subject of relevant legal action brought by
			 the Commonwealth or by another government entity;
(g) Whether the TPM or its Brand Family is
			 subject to any judgment or court order, including, but not limited to, an
			 injunction prohibiting the sale of such Cigarettes;
(h) Whether all final judgments relating to
			 the TPM or its Brand Family under M.G.L. c. 94E, M.G.L. c. 94F, and other
			 applicable statutes have been satisfied, including penalties, interest, costs,
			 and attorney's fees; and
(i) Any
			 other facts or circumstances that the Attorney General determines are relevant
			 and material to the purposes of the TPM Certification. top of page
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications › Section 24.07 - Non-compliant TPM Certifications

Current through Register 1525, July 5, 2024
(1)
			 In the event that the Attorney General determines that a TPM Certification or
			 Supplemental TPM Certification is not complete, accurate, and otherwise in
			 compliance with M.G.L. c. 94E, M.G.L. c. 94F, and
			 940 CMR 24.00, either when
			 originally filed or after subsequent events, he shall notify the TPM. At the
			 discretion of the Attorney General, such notification may afford the TPM an
			 opportunity to cure the deficiencies in its TPM Certification.
(2) The Attorney General shall consult with
			 the Commissioner regarding his determinations, for purposes of the TMP
			 Directory. top of page
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications › Section 24.08 - Quarterly Escrow Deposits

Current through Register 1525, July 5, 2024
(1) The Attorney
			 General shall consult with the Commissioner regarding whether an NPM must make
			 its escrow deposits on a quarterly basis, pursuant to M.G.L. c. 94F s. 4(e),
			 based on factors including the following:
(a)
			 Whether the NPM previously has timely and fully complied with M.G.L. c. 94E and
			 M.G.L. c. 94F, including the submission of TPM Certifications, the
			 establishment of a Qualified Escrow Fund, and the deposit of amounts
			 due;
(b) Whether the NPM has made
			 any escrow deposit in the past year;
(c) Whether the NPM has had more than 500,000
			 Units Sold during a previous calendar quarter; and
(d) Whether the Attorney General has reason
			 to believe that the NPM may not timely make its full required escrow deposit
			 after the end of the calendar year.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 25.00 - Foreclosure Rescue Transactions And Foreclosure-related Services › Section 25.01 - Definitions

Current through Register 1525, July 5, 2024
(1)
Foreclosure Rescue
			 Transaction
shall mean a transaction:
(a) by which residential property is conveyed
			 where the person conveying the property (homeowner) maintains a legal or
			 equitable interest in the property conveyed, including, without limitation, a
			 lease interest, an option to acquire the property, or other interest in the
			 property conveyed; and
(b) that is
			 designed or intended by the parties to avoid or delay actual or anticipated
			 foreclosure proceedings against a homeowner's residential
			 property.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 25.00 - Foreclosure Rescue Transactions And Foreclosure-related Services › Section 25.02 - Prohibition on Foreclosure Rescue Transactions and Advance Fees for Foreclosure-related Services

Current through Register 1525, July 5, 2024
(1) It is an unfair
			 or deceptive act in violation of M.G.L. c. 93A, § 2(a) to, for
			 compensation or gain or for potential or contingent compensation or gain,
			 whether at the time of the transaction or in the future, engage in, arrange,
			 offer, promote, promise, solicit participation in, or carry out a Foreclosure
			 Rescue Transaction in the Commonwealth or concerning residential property in
			 the Commonwealth. Nothing in 940 CMR 25.02(1) shall be interpreted to prohibit
			 Foreclosure Rescue Transactions that are not carried out for compensation or
			 gain or for potential or contingent compensation or gain, including, by way of
			 example, such transactions engaged in between or among family members or
			 arranged by a non-profit community or non-profit housing
			 organization.
(2) It is an unfair
			 or deceptive act in violation of M.G.L. c. 93A, § 2(a) to solicit,
			 arrange, or accept an advance fee in connection with offering, arranging or
			 providing Foreclosure-related Services; provided, however, that 940 CMR
			 25.02(2) shall not prohibit a licensed attorney from soliciting, arranging or
			 accepting an advance fee or retainer for legal services in connection with the
			 preparation and filing of a bankruptcy petition, or court proceedings, to avoid
			 a foreclosue. Provided further, however, that a licensed attorney accepting an
			 advance fee or legal retainer must comply with all applicable laws and
			 regulations pertaining to such fees, including the Massachusetts Rules of
			 Professional Conduct, specifically Rules 1.5 and 1.6. For purposes of 940 CMR
			 25.02, an advance fee is any money or consideration paid in advance of actually
			 receiving services. If the Foreclosure-related Services at issue concern the
			 offer, arrangement or placement of a residential mortgage loan by a licensed
			 mortgage broker or licensed mortgage lender, then 940 CMR 25.02(2) shall not
			 prohibit the solicitation, payment or acceptance of a loan application fee
			 provided that the fee conforms with all applicable laws and regulations,
			 including any rules or regulations of the Commissioner of Banks.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 25.00 - Foreclosure Rescue Transactions And Foreclosure-related Services › Section 25.03 - Marketing of Foreclosure-related Services

Current through Register 1525, July 5, 2024
It is an unfair or deceptive act in violation of M.G.L. c. 93A,
				§ 2(a):
(a) to advertise, offer
			 or promote the availability of Foreclosure Rescue Transactions or services
			 related to Foreclosure Rescue Transactions;
(b) to advertise, offer or promote
			 Foreclosure-related Services if the person so promoting intends to provide
			 Foreclosure-related Services by offering, engaging in, arranging, promoting,
			 promising, or soliciting participation in, a Foreclosure Rescue
			 Transaction;
(c) to advertise,
			 offer or promote Foreclosure-related Services without disclosing, clearly and
			 conspicuously:
1. the precise goods and/or
			 services offered and to be provided by the promoter of Foreclosure-Related
			 Services; and
2. a precise
			 description of how the promoter will assist persons in avoiding or delaying
			 foreclosure or curing or otherwise addressing a default or failure to timely
			 pay a residential mortgage loan obligation.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 26.00 - Discount health plans and discount health plan organizations › Section 26.01 - Purposes

Current through Register 1525, July 5, 2024
940 CMR 26.00 is designed to protect Massachusetts consumers
				from sham discount health plans. 940 CMR 26.00 responds to acts and practices
				that unfairly harm consumers in the area of discount health products by
				requiring specific disclosures, prohibiting certain misrepresentations and
				requiring provider agreements.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 26.00 - Discount health plans and discount health plan organizations › Section 26.02 - Scope

Current through Register 1525, July 5, 2024
940 CMR 26.00 define unfair or deceptive acts or practices. 940
				CMR 26.00 is not intended to be all inclusive as to the types of activities
				prohibited by M.G.L. c. 93A, s. 2(a). Acts or practices not specifically
				prohibited by 940 CMR 26.00 are not necessarily consistent with Chapter 93A or
				otherwise deemed legitimate by the absence of regulation here. 940 CMR 26.00 is
				designed to supplement existing regulations.
940 CMR 26.00 shall cover discount health plans or discount
				organizations' advertising or doing business within Massachusetts, regardless
				of whether or not the plan or organization maintains an office in
				Massachusetts.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 26.00 - Discount health plans and discount health plan organizations › Section 26.04 - Required Disclosures of Material Information

Current through Register 1525, July 5, 2024
(1) It is an unfair or deceptive act in
			 violation of M.G.L. c. 93A §2(a) for a Discount Health Plan or Discount
			 Health Plan Organization to fail to disclose at the time of initial contact to
			 a prospective member and in all advertisements, brochures or marketing
			 material, the following material information:
(a) that the plan is not insurance coverage
			 and does not meet the minimum creditable coverage requirements under M.G.L.
			 c.111M and
			 956
			 CMR 5.00;
(b) for a plan offering a range of discounts,
			 that the range of discounts for specified medical, pharmacy or ancillary
			 services provided under the plan will vary depending upon the type of provider
			 and the type of services received;
(c) that the discount health plan does not
			 make any payments to providers for services received;
(d) that the plan member is obligated to pay
			 for all services provided by providers that participate in the discount plan
			 but will receive a discount on services provided by providers who have
			 contracted with the discount health plan organization;
(e) the name and contact information of the
			 discount health plan, including mailing address, telephone number and email
			 address, if any; and
(f) a
			 toll-free telephone number and website address for the discount health plan
			 organization for prospective members and members to obtain additional
			 information about and assistance on the plan and up-to-date lists of providers
			 participating in the discount health plan.
For purposes of 940 MCR 26.04(1), disclosure means in writing
				in a clear and conspicuous manner on the first content page of any
				advertisements, marketing materials or brochures made available to the public
				relating to a discount health plan and on any enrollment forms given to an
				individual. If the initial contact with a prospective member is in person or by
				telephone, disclosure must be made during such initial contact by means of a
				clear oral explanation prior to any solicitation or request for payment and
				followed, prior to enrollment, by written disclosure as required by this
				section.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 26.00 - Discount health plans and discount health plan organizations › Section 26.05 - Misrepresentations Prohibited

Current through Register 1525, July 5, 2024
It is an unfair and deceptive act in violation of MGL c. 93A s.
				2(a) for a Discount Health Plan or Discount Health Plan Organization to:
(1) use or cause to be used in
			 advertisements, marketing material, brochures and discount health plan cards
			 the term "insurance" except as specifically provided in section 26.04(1)(a) or
			 as a disclaimer of any relationship between the discount health plan and
			 insurance;
(2) use or cause to be
			 used in advertisements, marketing material, brochures and discount health plan
			 cards, the following terms:
"health plan" without the term "discount" used before the words
				"health plan," "coverage," "copay," "copayments," "deductible," "preexisting
				conditions," "guaranteed issue," "premium," "PPO," "preferred provider
				organization," "open enrollment" or other terms in a manner that has the
				capacity to mislead a person into believing that the plan is a type of health
				insurance;
(3) except as
			 specifically provided in the general laws, use or cause to be used in
			 advertisements, marketing material, brochures and discount health plan cards
			 language indicating that the discount health plan is an insurance product
			 "licensed" by the Division of Insurance or the term "license" or "licensed" in
			 a manner that could reasonably mislead an individual into believing that the
			 discount health plan is insurance;
(4) make or cause to be made any
			 representation that has the capacity to mislead a person into believing that
			 the discount health plan has been authorized, approved or endorsed by the
			 Commonwealth, including the Division of Insurance or the Commonwealth Connector
			 Authority;
(5) make or cause to be
			 made misleading, deceptive or fraudulent representations concerning the
			 discount or range of discounts offered by the discount health plan or the
			 access to any range of discounts offered by the discount health plan;
			 and
(6) make or cause to be made
			 misleading, deceptive or fraudulent representations concerning providers who
			 agree to offer discounts on their services with the discount health
			 plan.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 26.00 - Discount health plans and discount health plan organizations › Section 26.06 - Required Provider Agreements

Current through Register 1525, July 5, 2024
(1)
			 It is an unfair or deceptive act in violation of MGL c. 93A s. 2(a) for a
			 discount health plan organization to solicit, arrange, or accept payment in
			 connection with offering, arranging or providing a health discount plan unless
			 the discount plan organization has a written provider agreement with all
			 providers offering medical, pharmacy or ancillary services to its members. The
			 written provider agreement may be entered into directly with the provider or
			 with a provider network to which the provider belongs.
(2) For purposes of this section, a provider
			 agreement between a discount health plan or a discount health plan organization
			 and a provider network or a provider shall include the following:
(i) a list of all medical, ancillary or
			 pharmacy services to be provided at a discount;
(ii) either the amount(s) of the discounts,
			 expressed as a percentage or dollar amount or, alternatively, a fee schedule
			 that reflects the provider's discounted rates; and
(iii) a provision that prohibits the provider
			 from charging members more than the discounted rates.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 27.00 - Safeguard Of Personal Information › Section 27.01 - Scope, Purpose, and Other General Provisions

Current through Register 1525, July 5, 2024
(1) Applicability. These regulations are
			 applicable to the Office of the Attorney General ("AGO").
(2) Purpose. The Attorney General promulgates
			 940 CMR 27.00, relating to
			 the Safeguard of Personal Information, pursuant to her authority in M.G.L. c.
			 93H, § 2 (c).
(3) The purpose
			 of
			 940 CMR 27.00 is to
			 effectuate the purpose of M.G.L. c. 93H, that is, to: ensure the security and
			 confidentiality of consumer and employee information in a manner fully
			 consistent with industry standards; to protect against anticipated threats or
			 hazards to the security or integrity of such information; and to protect
			 against unauthorized access to or use of such information that could result in
			 substantial harm or inconvenience to any resident of the
			 commonwealth.
(4) Scope. These
			 regulations govern the collection, maintenance, and disclosure of "personal
			 information" as defined by M.G.L. c. 93H, § 1(a), and 940 CMR. 27.00, et
			 seq., by the AGO.
(5) Consistency.
			 These regulations should be read consistently with other state or federal laws
			 and regulations applicable to the AGO and already in place, including but not
			 limited to the public records laws (e.g., M.G.L. c. 66, § 10; the Fair
			 Information Practices Act, M.G.L. c. 66A, § 1, et seq.; the Criminal
			 Offender Record Information Act, M.G.L. c. 6, §172, et seq.; 940 CMR
			 11:00, et. seq.).
(6) Limitation.
			 These regulations are not intended to establish a standard of care or create
			 any independent private right, remedy, or cause of action on the part of any
			 employee, consumer, or other third party on account of any action the AGO takes
			 or fails to take in relation to the Written Information Security Program
			 ("WISP").
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 27.00 - Safeguard Of Personal Information › Section 27.02 - Definitions

Current through Register 1525, July 5, 2024
For purposes of
				940 CMR 27.00 and as used in
				940 CMR 27.00, unless the
				context otherwise requires, the following terms shall have the following
				meanings:
Attorney General
means the Office of
				the Attorney General (AGO).
Breach of Security
means the
				unauthorized acquisition or unauthorized use of unencrypted data or encrypted
				electronic data and the confidential process or key that is capable of
				compromising the security, confidentiality, or integrity of personal
				information, maintained by a person or agency that creates a substantial risk
				of identity theft or fraud against a resident of the commonwealth. A good faith
				but unauthorized acquisition of personal information by a person or agency, or
				employee or agent thereof, for the lawful purposes of such person or agency, is
				not a breach of security unless the personal information is used in an
				unauthorized manner or subject to further unauthorized disclosure.
Computers
means personal computers,
				laptops, and PDAs such as Blackberries.
Electronic
means relating to
				technology having electrical, digital, magnetic, wireless, optical,
				electromagnetic or similar capabilities.
Encryption
means the transformation of
				data through the use of an algorighmic process, or an alternative method at
				least as secure, into a form in which meaning cannot be assigned without the
				use of a confidential process or key.
Personal Information
means a
				Massachusetts resident's first name and last name or first initial and last
				name in combination with any one or more of the following data elements that
				relate to such resident:
(a) Social Security number;
(b) driver's license number or state-issued identification card
				number; or
(c) financial account number, or credit or debit card number,
				with or without any required security code, access code, personal
				identification number or password, that would permit access to a resident's
				financial account; provided, however, that "personal information" does not
				include information that is lawfully obtained from publicly available
				information, or from federal, state or local government records lawfully made
				available to the general public.
Record or Records
means any material
				upon which written, drawn, spoken, visual, or electromagnetic information or
				images are recorded or preserved, regardless of physical form or
				characteristics.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 27.00 - Safeguard Of Personal Information › Section 27.03 - Written Information Security Program

Current through Register 1525, July 5, 2024
The Attorney General shall develop, implement, maintain, and
				monitor a Written Information Security Program ("WISP") designed to safeguard
				the personal information of residents of the commonwealth contained in the
				records of the Attorney General. The Attorney General's WISP shall be separate
				from the regulations in order to facilitate periodic review and updating of the
				program. Like the regulations, the WISP shall be read consistently with the
				safeguards for protection of personal information of a similar character set
				forth in other state or federal laws and regulations applicable to the AGO and
				already in place, including but not limited to the Fair Information Practices
				Act, M.G.L. c. 66A, § 1; the Criminal Offender Record Information Act,
				M.G.L. c. 6, §172, et seq.; and 940 CMR 11:00, et seq. The Attorney
				General's WISP shall be available for public inspection, except to the extent
				any section(s) thereof may be exempt from disclosure under M.G.L. c. 4, §
				7, cl. 26, or are privileged by law.
The Attorney General's WISP shall include the following
				elements:
(1)
Designation
			 of employee
. The Attorney General will designate one or more
			 employees to design, implement, and coordinate the maintenance of the
			 WISP.
(2)
Identification and Assessment of Internal and External
			 Risks
. The Attorney General will identify and assess internal and
			 external risks to the security, confidentiality, or integrity of any
			 electronic, paper, or other records containing personal information in each
			 relevant area of activity of the Attorney General, and will evaluate and
			 improve, where necessary, the effectiveness of the current safeguards for
			 minimizing such risks, including but not limited to:
(a) ongoing employee training;
(b) monitoring employee compliance with
			 policies and procedures;
(c)
			 upgrading information systems, including network, system, and software design,
			 as well as information processing, storage, and transmission, as necessary;
(d) storage of records and data in
			 locked facilities, storage areas or containers;
(e) access and transportation of records and
			 data by telecommuters and others who take records containing personal
			 information off the AGO premises; and
(f) improving, as necessary, means for
			 detecting, preventing, and responding to security breaches, including but not
			 limited to security systems and failures.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.01 - Purpose, Scope and Other General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 940 CMR
			 29.00 is to interpret, enforce and effectuate the
			 purposes of the Open Meeting Law, M.G.L. c. 30A, §§ 18 through
			 25.
(2)
Severability
. If any provision of
			 940 CMR
			 29.00 or the application of such provision to any
			 person, public body, or circumstances shall be held invalid, the validity of
			 the remainder of
			 940 CMR
			 29.00 and the applicability of such provision to other
			 persons, public bodies, or circumstances shall not be affected
			 thereby.
(3)
Mailing
. All complaints, notices (except meeting
			 notices) and other materials that must be sent to another party shall be sent
			 by one of the following means: first class mail, email, hand delivery, or by
			 any other means at least as expeditious as first class mail.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.03 - Notice Posting Requirements

Current through Register 1525, July 5, 2024
(1)
Requirements Applicable to All Public Bodies
.
(a) Except in an emergency, public bodies
			 shall file meeting notices sufficiently in advance of a public meeting to
			 permit posting of the notice at least 48 hours in advance of the public
			 meeting, excluding Saturdays, Sundays and legal holidays, in accordance with
			 M.G.L. c. 30A, § 20. In an emergency, the notice shall be posted as soon
			 as reasonably possible prior to such meeting.
(b) Meeting notices shall be printed or
			 displayed in a legible, easily understandable format and shall contain the
			 date, time and place of such meeting, and a listing of topics that the chair
			 reasonably anticipates will be discussed at the meeting. The list of topics
			 shall have sufficient specificity to reasonably advise the public of the issues
			 to be discussed at the meeting.
(c)
			 Notices posted under an alternative posting method authorized by 940 CMR
			 29.03(2) through (5) shall include the same content as required by 940 CMR
			 29.03(1)(b). If such an alternative posting method is adopted, the municipal
			 clerk, in the case of a municipality, or the body, in all other cases, shall
			 file with the Attorney General written notice of adoption of the alternative
			 method, including the website address where applicable, and any change thereto,
			 and the most current notice posting method on file with the Attorney General
			 shall be consistently used.
(d) The
			 date and time that a meeting notice is posted shall be conspicuously recorded
			 thereon or therewith. If an amendment occurs within 48 hours of a meeting, not
			 including Saturdays, Sundays, and legal holidays, then the date and time that
			 the meeting notice is amended shall also be conspicuously recorded thereon or
			 therewith.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.04 - Certification

Current through Register 1525, July 5, 2024
(1) For local
			 public bodies, the municipal clerk, and for all other public bodies, the
			 appointing authority, executive director, or other appropriate administrator or
			 their designees, shall, upon a public body member's qualification for office,
			 either deliver to the public body member, or require the public body member to
			 obtain from the Attorney General's website, the following educational
			 materials:
(a) The Attorney General's
Open Meeting Law Guide
, which will include an explanation of
			 the requirements of the Open Meeting Law; the Open Meeting Law, M.G.L. c. 30A,
			 §§ 18 through 25; and
			 940 CMR
			 29.00.
(b)
			 A copy of each Open Meeting Law determination issued to that public body by the
			 Attorney General within the last five years in which the Attorney General found
			 a violation of M.G.L. c. 30A, §§ 18 through 25. Open Meeting Law
			 determinations are available at the Attorney General's website.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.06 - Investigation

Current through Register 1525, July 5, 2024
Following a timely complaint filed pursuant to
				940 CMR 29.05, where
				the Attorney General has reasonable cause to believe that a violation of M.G.L.
				c. 30A, §§ 18 through 25 has occurred, then the Attorney General may
				conduct an investigation.
(1) The
			 Attorney General shall notify the public body or person that is the subject of
			 a complaint of the existence of the investigation within a reasonable period of
			 time. The Attorney General shall also notify the public body or person of the
			 nature of the alleged violation.
(2) Upon notice of the investigation, the
			 subject of the investigation shall provide the Attorney General with all
			 information relevant to the investigation. The subject may also submit a
			 memorandum or other writing to the Attorney General addressing the allegations
			 being investigated.
If the subject of the investigation fails to voluntarily
				provide the necessary or relevant information within 30 days of receiving
				notice of the investigation, the Attorney General may issue one or more civil
				investigative demands to obtain the information in accordance with M.G.L. c.
				30A, § 24(a), to:
(a) Take
			 testimony under oath;
(b) Examine
			 or cause to be examined any documentary material; or
(c) Require attendance during such
			 examination of documentary material by any person having knowledge of the
			 documentary material and take testimony under oath or acknowledgment in respect
			 of any such documentary material.
Any documentary material or other information produced by any
				person pursuant to 940 CMR 29.06 shall not, unless otherwise ordered by a court
				of the Commonwealth for good cause shown, be disclosed without that person's
				consent by the Attorney General to any person other than the Attorney General's
				authorized agent or representative. However, the Attorney General may disclose
				the material in court pleadings or other papers filed in court; or, to the
				extent necessary, in an administrative hearing or in a written determination to
				resolve the investigation pursuant to
				940 CMR
				29.07.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.07 - Resolution

Current through Register 1525, July 5, 2024
(1)
No
			 Violation
. If the Attorney General determines after investigation
			 that M.G.L. c. 30A, §§ 18 through 25 has not been violated, the
			 Attorney General shall issue a written determination to the subject of the
			 complaint and copy any complainant.
(2)
Violation Resolved Without
			 Hearing
. If the Attorney General determines after investigation
			 that M.G.L. c. 30A, §§ 18 through 25 has been violated, the Attorney
			 General may resolve the investigation without a hearing. The Attorney General
			 shall determine whether the relevant public body, one or more of its members,
			 or both, were responsible. The Attorney General will notify in writing any
			 complainant of the investigation's resolution. Upon finding a violation of
			 M.G.L. c. 30A, §§ 18 through 25, the Attorney General may take one of
			 the following actions:
(a)
Informal Action
. The Attorney General may resolve the
			 investigation with a letter or other appropriate form of written communication
			 that explains the violation and clarifies the subject's obligations under
			 M.G.L. c. 30A, §§ 18 through 25, providing the subject with a
			 reasonable period of time to comply with any outstanding obligations.
(b)
Formal Order
.
			 The Attorney General may resolve the investigation with a formal order. The
			 order may require:
1. immediate and future
			 compliance with M.G.L. c. 30A, §§ 18 through 25;
2. attendance at a training session
			 authorized by the Attorney General;
3. nullification of any action taken at the
			 relevant meeting, in whole or in part;
4. that minutes, records or other materials
			 be made public;
5. that an employee
			 be reinstated without loss of compensation, seniority, tenure or other
			 benefits; or
6. other appropriate
			 action.
Orders shall be available on the Attorney General's
				website.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.08 - Advisory Opinions

Current through Register 1525, July 5, 2024
The Attorney General will generally not issue advisory
				opinions. However, the Attorney General may issue written guidance to address
				common requests for interpretation. Such written guidance will appear on the
				Attorney General's website.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.09 - Other Enforcement Actions

Current through Register 1525, July 5, 2024
Nothing in
				940 CMR 29.06 or
				29.07 shall limit the
				Attorney General's authority to file a civil action to enforce M.G.L. c. 30A,
				§§ 18 through 25 pursuant to M.G.L. c. 30A, §
				23(f).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.11 - Meeting Minutes

Current through Register 1525, July 5, 2024
(1) A public body
			 shall create and maintain accurate minutes of all meetings including executive
			 sessions, setting forth the date, time and place, the members present or
			 absent, a summary of the discussions on each subject, a list of documents and
			 other exhibits used at the meeting, the decisions made and the actions taken at
			 each meeting, including the record of all votes in accordance with M.G.L. c.
			 30A, § 22(a).
(2) Minutes of
			 all open and executive sessions shall be created and approved in a timely
			 manner. A "timely manner" will generally be considered to be within the next
			 three public body meetings or within 30 days, whichever is later, unless the
			 public body can show good cause for further delay. The Attorney General
			 encourages public bodies to approve minutes at the next meeting whenever
			 possible.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 30.00 - Illegal Lotteries, Sweepstakes And De Facto Gambling Establishments › Section 30.01 - Purpose

Current through Register 1525, July 5, 2024
Outside certain statutory exceptions, existing statutes
				prohibit the business of gambling, including M.G.L. c. 271 which prohibits,
				among other unlawful gambling activities, illegal lotteries, namely, soliciting
				or accepting a payment for the chance to win a prize.
				940 CMR 30.00 is designed to
				protect the public's health, safety and welfare. The purpose of
				940 CMR 30.00 is to protect
				Massachusetts consumers and the public from unlawful lotteries, sweepstakes and
				other forms of illegal gambling by defining unfair and deceptive acts or
				practices in the promotion and sale of lotteries, sweepstakes and other forms
				of illegal gambling. A business that induces consumers to participate in
				illegal and unregulated forms of gambling by posing as a legitimate business or
				claiming to offer legitimate sales transactions is unfair and deceptive in
				violation of M.G.L. c. 93A, § 2(a).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 30.00 - Illegal Lotteries, Sweepstakes And De Facto Gambling Establishments › Section 30.02 - Scope

Current through Register 1525, July 5, 2024
940 CMR 30.00 under M.GL. c.
				93 A, § 2(c) defines unfair and deceptive acts or practices.
				940 CMR 30.00 does not apply
				to any lottery, game, gaming device, contest or activity that is expressly
				authorized by Massachusetts laws and regulations, including, without
				limitation:
(a) any lottery conducted
			 by the State Lottery Commission pursuant to M.G.L. c. 10, §§ 24, 24A,
			 27, 27A, 37, 38, and 39A;
(b)
			 pari-mutuel wagering on horse races, whether live or simulcast, under M.G.L. c.
			 128A and 128C;
(c) the game of
			 bingo conducted under M.G.L. chs. 10 and 271; or
(d) as charitable gaming, so called,
			 conducted under M.GL. c. 271.
940 CMR 30.00 is not intended
				to be all inclusive as to the types of activities prohibited by M.G.L. c. 93A,
				§ 2(a). Acts or practices not specifically prohibited by
				940 CMR 30.00 are not
				necessarily consistent with M.GL. c. 93A.
940 CMR 30.00 shall not be
				interpreted to authorize any lottery, game, gaming device, contest or activity
				prohibited by M.G.L. c. 271.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 30.00 - Illegal Lotteries, Sweepstakes And De Facto Gambling Establishments › Section 30.03 - Definitions

Current through Register 1525, July 5, 2024
Chance
means the opportunity to win a
				prize where the likelihood of winning is determined by some element of
				chance.
Customer
means any natural person who
				pays for, or is solicited to pay for, directly or indirectly, either:
(a) a chance to win a prize; or
(b) goods or services offered in connection with a chance to
				win a prize.
Establishment
means the location of
				the business or entity, physical or otherwise, that sells or offers for sale
				either:
(a) a chance to win a prize; or
(b) goods or services offered in connection with a chance to
				win a prize.
Free Play
means the play of a lottery,
				sweepstakes, similar game or use of gaming devices without providing anything
				of value in return for that play or use.
Free Play Option
means the opportunity
				to play a lottery, sweepstakes, similar game or use of gaming devices without
				providing anything of value in return for that play or use.
Gambling Purpose
means that the
				motivation of the customer in making a payment is to participate in a lottery,
				sweepstakes, similar game or use of gaming devices.
Game
means an activity that involves
				some element of chance and an opportunity to win a prize.
Payment
means providing any money,
				property or thing of value.
Person
means a natural or artificial
				entity, including, but not limited to, individual, partnership, limited
				liability company, association, trust or corporation or other legal
				entities.
Prize
means any gift, award, gratuity,
				money, good, service, credit, or anything else of value, which may be
				transferred to or for the benefit of a person, whether possession of the prize
				is actually transferred, or placed on an account or other record as evidence of
				the intent to transfer the prize.
Lottery
means a game or activity that
				includes a payment for a chance to win a prize.
Sweepstakes
means any game,
				advertising scheme or plan, or other promotion, which, with or without payment
				of any consideration, a person may enter to win or become eligible to receive a
				prize, the determination of which is based upon an element of
				chance.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 30.00 - Illegal Lotteries, Sweepstakes And De Facto Gambling Establishments › Section 30.04 - Prohibition on Unlawful Lotteries, Sweepstakes and DeFacto Gambling

Current through Register 1525, July 5, 2024
(1) It is an unfair
			 and deceptive act or practice in violation of M.G.L. c. 93A, § 2(a) for a
			 person to solicit or accept payment for a chance to win a prize.
(2) With respect to a business or a
			 transaction that involves or purports to involve both a chance to win a prize
			 and the sale or purported sale of a good or service, it is an unfair and
			 deceptive act or practice in violation of M.G.L. c. 93A, § 2(a) for any
			 person to engage in a business or engage in a transaction where a gambling
			 purpose predominates over the
bona fide
sale of
bona
			 fide
goods or services.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 30.00 - Illegal Lotteries, Sweepstakes And De Facto Gambling Establishments › Section 30.05 - Criteria for Determining Whether a Gambling Purpose Predominates

Current through Register 1525, July 5, 2024
The determination under 940 C.M.R. 30.04(2) whether, with
				respect to a business or a transaction, a gambling purpose predominates over
				the
bona fide
sale of
bona fide
goods or
				services, shall consider the facts and circumstances of the business or
				transaction including, without limitation, the following criteria:
(a) The portion of goods or services sold
			 that are actually used or redeemed by the customers of the business;
(b) The portion of customers that engage in
			 lotteries, sweepstakes or similar games without accepting, using or redeeming
			 the goods or services sold or purportedly sold;
(c) The manner in which the business or the
			 transactions are marketed, advertised, or promoted, including without
			 limitation:
1. signage at the
			 establishment;
2. advertising and
			 other methods of soliciting customers;
3. the business's interaction with customers
			 at the establishment;
4. the
			 overall atmosphere and environment at the establishment, including whether it
			 appears or is designed to appear similar to a casino or other gambling
			 establishment;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 30.00 - Illegal Lotteries, Sweepstakes And De Facto Gambling Establishments › Section 30.06 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 30.00 or the
				application of such provision to any person or circumstances is held to be
				invalid, the validity of the remainder of
				940 CMR 30.00 and the
				applicability of such provision to other persons or circumstances shall not be
				affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 31.00 - For-profit and occupational schools › Section 31.01 - Purpose

Current through Register 1525, July 5, 2024
In 1978, the Attorney General of Massachusetts promulgated
				940
				CMR 3.10, relating to Private Home Study,
				Business, Technological Social Skills and Career Schools, pursuant to the
				Attorney General's authority in M.G.L. c. 93A, § 2(c).
				940
				CMR 3.10 was designed to protect
				Massachusetts consumers seeking to enroll in any course of instruction or
				educational service offered by certain private business, vocational, and career
				schools, and to ensure that the private career school industry was operating
				fairly and honestly by means of legitimate and responsible business acts and
				practices that are neither unfair nor deceptive.
In recent years, there has been a proliferation of for-profit
				and occupational post-secondary educational institutions that intensively
				market degree and non-degree programs to students. Many of these schools accept
				state and federal funds in the form of student grants and loans to finance
				student enrollment. Certain widespread acts and practices in the for-profit and
				occupational school industry continue to unfairly harm consumers, frequently
				leaving students with few career opportunities and significant student debt.
				The Attorney General, therefore, has updated and amended the 1978 regulations
				by replacing
				940
				CMR 3.10 with
				940 CMR 31.00, to address
				problems experienced by consumers when they seek or are enrolled in for-profit
				schools or occupational programs.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 31.00 - For-profit and occupational schools › Section 31.02 - Scope

Current through Register 1525, July 5, 2024
940 CMR 31.00 defines unfair
				or deceptive acts or practices. They are not intended to be all inclusive as to
				the types of activities prohibited by M.G.L. c. 93A, § 2(a). Acts or
				practices not specifically prohibited by
				940 CMR 31.00 are not
				necessarily consistent with M.G.L. c. 93A or otherwise deemed legitimate by the
				absence of regulation here.
				940 CMR 31.00 is designed to
				supplement existing regulations.
940 CMR 31.00 applies to all
				Schools (as defined in
				940 CMR 31.03 )
				advertising or doing business within Massachusetts, including schools that
				provide programs, services, courses, and/or instruction, in whole or in part,
				through electronic means or on the Internet to students residing in
				Massachusetts, regardless of whether such schools maintain a campus, facility,
				or physical presence in Massachusetts; are licensed to operate, either by the
				Department of Professional Licensure or the equivalent regulatory or licensing
				body in another jurisdiction; or are authorized by the Board of Higher
				Education, or the equivalent regulatory or licensing body in another
				jurisdiction, to grant degrees.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 31.00 - For-profit and occupational schools › Section 31.04 - False or Misleading Statements or Representations

Current through Register 1525, July 5, 2024
(1)
False
			 Advertising
. It is an unfair or deceptive act or practice for a
			 school to make or publish, or cause or permit to be made or published, any
			 false, untrue, or deceptive statement or representation or any statement or
			 representation which has the tendency or capacity to mislead or deceive
			 students, prospective students or any other person, by way of advertising or
			 otherwise, concerning the school, its activities in attempting to enroll
			 students, the character, nature, quality, value, or scope of any course or
			 program offered, the school's influence in obtaining employment for its
			 students, graduation rates, graduation time, program cost, loan amount,
			 repayment amount, transferability of credits, or in any other material
			 respect.
(2)
Deceptive
			 Language in General
. It is an unfair or deceptive act or practice
			 for a school to use language or make a claim or representation in any form,
			 including but not limited to spoken, electronic, or printed form, which has the
			 tendency or capacity to mislead or deceive students, prospective students, or
			 any other person.
(3)
False Representation as to Probable Earnings
. It is an
			 unfair or deceptive act or practice for a school to make any false, untrue,
			 unsubstantiated, or deceptive statement or representation or any statement or
			 representation which has the tendency or capacity to mislead or deceive
			 students, prospective students, or any other person regarding actual or
			 probable earnings in any job or occupation of the school's graduates.
(4)
False Advertising as to
			 Expected Salaries
. It is an unfair or deceptive act or practice
			 for a school to represent or imply in advertising or otherwise that persons
			 employed in a particular position will earn a stated salary or income or that
			 persons completing the training course will earn the stated salary or income or
			 "up to" the stated salary or income unless:
(a) the salary or income is equal to or less
			 than the entry level salary of persons employed in the occupation in the
			 Commonwealth; and
(b) the
			 advertisement or representation states clearly and conspicuously any
			 limitations, conditions, or other requirements such as union membership or
			 service of an apprenticeship, which must be met before the stated salary or
			 income can be earned; and
(c) the
			 advertisement or representation states clearly and conspicuously that no
			 guarantee is made that a person who purchases the advertised services will
			 obtain a job or will earn the stated salary or income, unless the guarantee is
			 actually offered by the school.
The words "EARN $...." or "EARN UP TO $...." or words of
				similar import or meaning constitute a representation that a person who attends
				the program will earn the stated salary or income within the meaning of
				940 CMR 31.00.