reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 8.00 - Mortgage Brokers And Mortgage Lenders › Section 8.06 - Prohibited Practices

Current through Register 1525, July 5, 2024
(1) It is an
			 unfair or deceptive act or practice for a mortgage broker or lender to make any
			 representation or statement of fact if the representation or statement is false
			 or misleading or has the tendency or capacity to be misleading, or if the
			 mortgage broker or lender does not have sufficient information upon which a
			 reasonable belief in the truth of the representation or statement could be
			 based. Such claims or representations include, but are not limited to the
			 availability, terms, conditions, or charges, incident to the mortgage
			 transaction and the possibility of refinancing. In addition, other such claims
			 and representations by the broker may include the amount of the brokerage fee,
			 the services which will be provided or performed for the brokerage fee, the
			 borrower's right to cancel any agreement with the mortgage broker, the
			 borrower's right to a refund of the brokerage fee, and the identity of the
			 mortgage lender that will provide the mortgage loan or commitment.
(2) It is an unfair or deceptive act or
			 practice for a broker or lender to charge an application and/or broker fee
			 which significantly deviates from industry-wide standards or is otherwise
			 unconscionable.
(3) It is an unfair
			 or deceptive act or practice for a mortgage broker or lender to accept any
			 broker fee, application fee or other fee, prior to the borrowers receipt of any
			 disclosure forms mandated by
			 940 CMR
			 8.05(1). Where the
			 applicable state or federal law specifies that the disclosure form must be
			 provided to a consumer prior to the consummation of the mortgage loan.
			 Notwithstanding the foregoing, an appraisal fee may be accepted if the lender
			 or brokers provides oral or written notice, prior to the receipt of such fee,
			 as to whether the fee is refundable.
(4) It is an unfair or deceptive act or
			 practice for a mortgage broker or lender to engage the services of (another)
			 mortgage broker that will charge the borrower an additional fee without
			 obtaining in advance the written permission of the borrower to charge that fee,
			 the amount of which shall be specified in writing.
(5) It is an unfair or deceptive act or
			 practice for a mortgage broker or lender to directly or indirectly, regardless
			 of the receipt or the expectation of receipt of compensation from the
			 contractor, to:
(a) provide loan application
			 documents to home improvement contractors for use by such contractor in
			 connection with the financing by mortgage loans of home improvement
			 contracts;
(b) use a home
			 improvement contractor as an agent for its business; or
(c) accept mortgage applications from
			 contractors.
940 CMR 8.06(5) shall not prohibit contractors from referring
				consumers to mortgage brokers or lenders, or lenders from purchasing executed
				home improvement contracts.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 8.00 - Mortgage Brokers And Mortgage Lenders › Section 8.07 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 8.00 or the
				application of such provision to any person or circumstances is held to be
				invalid, the validity of the remainder of
				940 CMR 8.00 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 9.00 - Group Health Care Insurers, Termination Of Coverage › Section 9.01 - Purpose

Current through Register 1525, July 5, 2024
The Attorney General of the Commonwealth of Massachusetts
				promulgates
				940 CMR 9.00 relating to Group
				Health Care Insurers, as defined herein, pursuant to his authority under M.G.L.
				c. 93A, § 2(c).
				940 CMR 9.00 is designed to
				promote the health and economic well-being of individuals whose health coverage
				is cancelled without their knowledge after their Group Health Insurance Plan
				Sponsor has failed to remit required premiums.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 9.00 - Group Health Care Insurers, Termination Of Coverage › Section 9.02 - Scope

Current through Register 1525, July 5, 2024
The Attorney General's regulations define unfair and deceptive
				acts or practices. The Attorney General's regulations are not intended to be
				all-inclusive as to the types of activities prohibited by M.G.L. c. 93A, §
				2(a), and they do not authorize acts not specifically prohibited by
				940 CMR 9.00.
940 CMR 9.00 shall cover any
				Group Health Care Insurer, as defined herein, that advertises or does business
				in Massachusetts regardless of whether it maintains an office in
				Massachusetts.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 9.00 - Group Health Care Insurers, Termination Of Coverage › Section 9.03 - Definitions

Current through Register 1525, July 5, 2024
Covered Dependent
means the eligible spouse,
				former spouse, child or foster child of a Subscriber who was covered under a
				Group Health Insurance Plan on the day before the effective date of the
				termination of the Group Health Insurance Plan.
Group Health Care Insurer
means a Person who
				contracts to pay for or provides health care services to Massachusetts
				residents under a Group Health Insurance Plan, including but not limited to any
				Person authorized to do business pursuant to M.G.L. c. 175, any nonprofit
				hospital service corporation organized pursuant to M.G.L. c. 176A, any medical
				service corporation organized pursuant to M.G.L. c. 176B, any dental service
				corporation organized pursuant to M.G.L. c. 176E, any optometric service
				corporation organized pursuant to M.G.L. c. 176F, any health maintenance
				organization organized pursuant to M .G.L. c. 176G, and any preferred provider
				arrangement organized pursuant to M.G.L. c. 176I.
				940 CMR 9.00 is not intended
				to apply to the activities of such Persons in providing administrative services
				to employers who maintain self-funded group health insurance plans or to multi
				employer plans maintained pursuant to collective bargaining agreements.
Group Health Insurance Plan
means a contract,
				arrangement or policy between a Group Health Care Insurer and a Sponsor under
				which the Group Health Care Insurer agrees to pay for or provide medical,
				chiropractic, optometric, dental or other health care services. For the
				purposes of
				940 CMR 9.00, the term Group
				Health Insurance Plan does not include employer self-funded plans or multi
				employer plans maintained pursuant to collective bargaining agreements.
Sponsor
means any Person including, but not
				limited to, employer, professional, trade and civic organizations, who has a
				place of business in Massachusetts and who maintains a Group Health Insurance
				Plan covering two or more Subscribers and their Covered Dependents.
Subscriber
means a Sponsor's present or former
				eligible employees or members who were covered under the Sponsor's Group Health
				Insurance Plan on the day before the effective date of the termination of the
				Group Health Insurance Plan.
Person
means a natural person or organization
				including a corporation, partnership, association, cooperative or trust, or any
				other legal entity.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 9.00 - Group Health Care Insurers, Termination Of Coverage › Section 9.04 - Unfair and Deceptive Acts or Practices

Current through Register 1525, July 5, 2024
It shall be an unfair and deceptive act or practice, in
				violation of M.G.L. c. 93A, § 2, for any Group Health Care Insurer to deny
				a Subscriber's claim for health care services or benefits on the ground that
				the Sponsor's Group Health Insurance Plan has been terminated for nonpayment of
				fees, charges, rates or premiums prior to the date on which the Subscriber or a
				Covered Dependent received the health care services, unless the Group Health
				Care Insurer has sent written notice of the termination to the Subscriber prior
				to the date that the health care services were received in the manner set forth
				in
				940 CMR
				9.05. A Group Health Care Insurer does not
				violate M.G.L. c. 93A, § 2 by denying a Subscriber's claim for services or
				benefits if the Sponsor or Subscriber has replaced the Group Health Insurance
				Plan with another insured plan or self-insured plan.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 9.00 - Group Health Care Insurers, Termination Of Coverage › Section 9.05 - Written Notice of Termination

Current through Register 1525, July 5, 2024
(1)
Home
			 Address.
A Group Health Care Insurer will satisfy the written notice
			 condition set forth in
			 940 CMR
			 9.04 by mailing, to the last-known home
			 address of the Subscriber, a letter that includes the following information:
(a) the date on which the Sponsor's Group
			 Health Insurance Plan was terminated;
(b) that the termination was for nonpayment
			 of fees, charges, rates or premiums; and
(c) that the Group Health Care Insurer will
			 honor claims, to the extent covered under the Group Health Insurance Plan, for
			 any covered health care service received by the Subscriber or his or her
			 Covered Dependents prior to the notification date. The Group Health Care
			 Insurer must send the letter by either first-class or certified mail, postage
			 pre-paid.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 9.00 - Group Health Care Insurers, Termination Of Coverage › Section 9.06 - Exemption for Offer of Continuation of Coverage

Current through Register 1525, July 5, 2024
(1)
Temporary Continuation and
			 Conversion Coverage
. A Group Health Care Insurer is exempt from the
			 provisions of
			 940 CMR
			 9.04 if, within 60 days of the effective date
			 of the termination of a Group Health Insurance Plan for nonpayment of premiums,
			 it sends written notice of termination to all Subscribers, in the manner set
			 forth in
			 940 CMR
			 9.05, in which it offers each Subscriber the
			 opportunity to elect "Temporary Continuation of Coverage" for the period
			 between the effective date of termination of the Group Health Insurance Plan
			 and the date of the notice. The Group Health Care Insurer also must offer, to
			 those Subscribers who elect Temporary Continuation of Coverage and who pay the
			 required premiums for the entire available period of the temporary coverage,
			 "Conversion Plan" coverage that becomes effective upon termination of the
			 Temporary Continuation of Coverage.
(2)
Terms and Conditions
. To
			 qualify for this exemption, the benefits offered and the premiums charged for
			 the Temporary Continuation of Coverage must be the same as the benefits offered
			 and premiums charged under the Group Health Insurance Plan at the time of its
			 termination. Conversion Plan benefits and premiums may vary from those offered
			 and charged under the Group Health Insurance Plan, as long as they meet the
			 requirements of all applicable statutes and regulations, including those
			 promulgated or enforced by the Division of Insurance. Any offer of Temporary
			 Continuation of Coverage or Conversion Plan coverage under 940 CMR 9.06 may not
			 be subject to any further conditions including, but not limited to, waiting
			 periods or health screening. A Group Health Care Insurer must allow Subscribers
			 at least 60 days from the date of an offer of Temporary Continuation of
			 Coverage and Conversion Plan coverage to elect such coverage and to remit the
			 premiums then due. Thereafter, a Group Health Care Insurer may not require a
			 Subscriber who has elected coverage under a Conversion Plan to remit premiums
			 more than one month in advance of the period to which the premiums
			 apply.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 9.00 - Group Health Care Insurers, Termination Of Coverage › Section 9.07 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 9.00, or the
				application of such provision to any Person or circumstance, is held to be
				invalid, the validity of the remainder of
				940 CMR 9.00, 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 10.00 - Manufactured Housing Community Regulations › Section 10.02 - Unfair or Deceptive Practices: General

Current through Register 1525, July 5, 2024
It shall be an unfair or deceptive act or practice, in
				violation of M.G.L. c. 93A, § 2, for an operator:
(1) to impose, through any rule or occupancy
			 agreement, any unreasonable, unfair, or unconscionable restriction governing
			 the rental or occupancy of a manufactured home site;
(2) to impose any rule, or term or condition
			 of occupancy, or to otherwise take action, that conflicts with any applicable
			 provision of
			 940 CMR 10.00, M.G.L. c. 140,
			 §§ 32A through 32S, or other applicable law. Any such rule, term, or
			 condition shall be void and unenforceable;
(3) to fail to comply with any applicable
			 provision of M.G.L. c. 140, §§ 32A through 32S,
			 940 CMR 10.00, or any other
			 local, state or federal statute, rule or regulation which generally or
			 specifically provides protection to or for residents or prospective residents
			 of manufactured housing communities;
(4) to enforce any rule that has not been
			 approved by the Attorney General and the Secretary, unless the rule is
			 conditionally in effect pursuant to M.G.L. c. 140, s. 32L(5) and
			 940 CMR
			 10.04(3);
(5) to fail or refuse to inform a tenant or
			 prospective tenant in writing of the fact that the community has rules or
			 regulations, and to fail or refuse to furnish a copy of all such rules, printed
			 in clear and conspicuous type, to the tenant or prospective tenant;
(6) to fail or refuse to inform a tenant in
			 writing that the Attorney General has promulgated regulations relating to the
			 conduct of manufactured housing communities, and to fail to make available for
			 resident inspection a copy of
			 940 CMR 10.00, either at the
			 office of the manager on the site, or where the rules and regulations are
			 otherwise posted pursuant to M.G.L. c. 140, § 32D;
(7) to impose, where the community is under
			 the jurisdiction of a duly promulgated rent control statute, ordinance, by-law,
			 or regulation, any rent increase or additional fee, or to attempt to evict any
			 tenant, except as permitted pursuant to such rent control law;
(8) to increase a tenant's rent or other fee,
			 or change the terms or conditions of a tenancy, notwithstanding any provision
			 in
			 940 CMR 10.00 that would
			 permit the imposition of a fee or restriction in the absence of a controlling
			 occupancy agreement, except as permitted:
(a)
			 under the occupancy agreement,
(b)
			 under M.G.L. c. 186, § 12 with respect to a tenancy at will, or
(c) in accordance with any applicable rent
			 control law;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.03 - Terms and Conditions of Occupancy

Current through Register 1525, July 5, 2024
(1)
Unfair or Deceptive Acts or Practices:
General. It shall be an
			 unfair or deceptive act or practice, in violation of M.G.L. c. 93A, § 2,
			 for an operator:
(a) to restrict the number
			 of occupants of a manufactured home beyond any applicable restriction in any
			 valid local, state or federal law . A guest will presumptively not increase the
			 number of persons deemed normally living in the home.
(b) to impose any occupancy restriction based
			 upon race, religious creed, color, national origin, sex, sexual orientation,
			 age, ancestry, marital status, familial status, veteran status or membership in
			 the armed forces, blindness, hearing impairment, or other handicap, or based
			 upon any other ground prohibited by M.G.L. c. 151B or the Federal Fair Housing
			 Act, unless such a restriction is explicitly exempted from the scope of those
			 laws;
(c) to discriminate in the
			 terms, conditions or privileges of the rental of a manufactured home site, or
			 in the provision of services or facilities, upon a ground prohibited by either
			 M.G.L. c. 151B or the Federal Fair Housing Act;
(d) to impose any restriction based upon age
			 unless the manufactured housing community is a qualifying retirement
			 community;
(e) to advertise or in
			 any way hold out a manufactured housing community as a "retirement" or "adults
			 only" community, or like terms, if the community is not a qualifying retirement
			 community;
(f) to rent or lease a
			 manufactured home site, or to offer a new tenancy after terminating a prior
			 tenancy under M.G.L. c. 186, § 12, without offering a written five-year
			 lease as required under M.G.L. c. 140, § 32P; or
(g) to require or retain a security deposit
			 or any other amount in violation of M.G.L. c. 186, § 15B.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.04 - Manufactured Housing Community Rules

Current through Register 1525, July 5, 2024
(1)
Unfair or Deceptive Acts or Practices
: General. It shall be an
			 unfair or deceptive act or practice in violation of M.G.L. c. 93A for any
			 operator:
(a) to impose or enforce any rule
			 that either:
1. is not in writing;
2. has been disapproved by the Attorney
			 General or the Secretary;
3. is not
			 otherwise enforceable under M.G.L. c. 140, § 32L(5);
4. is inconsistent with any provision of
			 M.G.L. c. 140, §§ 32A through 32S or
			 940 CMR 10.00; or
5. with respect to matters not addressed
			 herein, is unreasonable, unfair, unconscionable or deceptive.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.05 - Goods and Services

Current through Register 1525, July 5, 2024
(1)
Choice of
			 Seller.
An operator shall not restrict a resident in his or her choice
			 of a seller of fuel, furnishings, goods, services or accessories connected with
			 the rental or occupancy of a manufactured home site:
(a) so long as such seller is in compliance
			 with:
1. applicable law and;
2. applicable rules, if any, of the
			 manufactured housing community approved by the Attorney General and the
			 Secretary or otherwise in effect pursuant to M.G.L. c. 140, § 32L(5),
			 including any such rules and regulations imposing reasonable insurance
			 requirements, as defined under
			 940 CMR 10.01;
			 and
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.06 - Sale of a Manufactured Home by Operator

Current through Register 1525, July 5, 2024
(1)
General
. An operator shall
			 not make any false, deceptive, or misleading representation to induce a person
			 to purchase a manufactured home or lease a manufactured home site, or make any
			 representation inconsistent with or contrary to the written occupancy
			 agreement.
(2)
Restrictions
			 on Choice of Dealer
. A licensee may restrict a tenant or prospective
			 tenant in the choice of a manufactured home dealer for the purchase or lease of
			 a manufactured home only if the manufactured home site on which the home is to
			 be placed is being leased or rented, whether by such operator or any
			 predecessor, as a manufactured home site for the first time. A licensee may
			 reasonably restrict any tenant in the choice of certain brands of manufactured
			 homes for purchase or lease throughout the period of occupancy for the purpose
			 of maintaining a pre-established aesthetic standard in the manufactured housing
			 community. Any such restriction on brands shall be listed in the community
			 rules . A restriction will be presumptively unfair if it substantially limits a
			 tenant's choice of manufactured home dealers. An operator shall not otherwise
			 restrict a resident or prospective resident in the choice of a manufactured
			 home dealer, nor require any person desiring to purchase a previously owned
			 home in a community to first inquire about availability of homes at the
			 community management or sales office, nor otherwise interfere with the
			 inspection, purchasing, or lease of a tenant-owned home or a home being sold by
			 another manufactured home dealer or broker.
(3)
Cancellation of Purchase
			 Contract
. Any purchaser of a manufactured home located in a manufactured
			 housing community, from an operator or a manufactured home dealer, may rescind
			 the contract for the purchase of the home after execution thereof if:
(a) at the time of executing the contract,
			 the seller or the seller's agent misrepresented, or failed to disclose, to the
			 purchaser or the purchaser's agent that the home could not remain in the
			 community and the purchaser is subsequently not permitted to keep the home in
			 the community; or
(b) the purchaser
			 is rejected for residency in the community.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.07 - Sale of a Manufactured Home by Homeowner

Current through Register 1525, July 5, 2024
(1)
General
.
(a) An operator shall not limit a
			 manufactured homeowner's right to sell or encumber a manufactured home, or
			 require a manufactured homeowner to remove a home from the manufactured
			 community because of the sale of the home.
(b) An operator shall not condition its
			 approval of residency of a purchaser on payment by the selling homeowner of
			 monies lawfully withheld under M.G.L. c. 239, § 8A. An operator shall not
			 charge or collect from a succeeding manufactured homeowner or resident any
			 rent, taxes or other charges relating to a prior owner's ownership of the home
			 or occupancy of the manufactured home site.
(c) An operator shall not make any false,
			 deceptive, or misleading representation to discourage a potential buyer from
			 purchasing a home from a homeowner in the community. Where the operator
			 discloses that a notice of discontinuance has been issued to community
			 residents, the operator must also disclose the existence of and nature of any
			 legal challenge to the issuance of the notice, and any related judicial rulings
			 that have attacked the validity of the notice.
(d) A licensee may have a lien upon a
			 manufactured home as provided in M.G.L. c. 140, § 32J, upon a manufactured
			 home and the contents thereof, as provided in M.G.L. c. 255, § 25A, or if
			 otherwise authorized by a court of law, but it shall be an unfair or deceptive
			 practice to fail to disclose to a prospective purchaser of a manufactured home
			 the existence of a lien placed by or on behalf of an operator on such
			 home.
(e) A licensee may require a
			 homeowner to provide notice of an intended sale at least 30 days prior to its
			 execution.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.08 - Termination of Tenancy and Eviction

Current through Register 1525, July 5, 2024
(1)
General
.
(a) A licensee may
			 terminate an occupancy agreement or tenancy of any kind only for a reason
			 specified as a basis for termination in M.G.L. c. 140, § 32J. An operator
			 shall not terminate an occupancy agreement or tenancy for any other reason,
			 including without limitation:
1.
a. because of the age of home
b. because the home, if built before June 15,
			 1976, does not comply with federal standards of construction of manufactured
			 housing that became effective on that date and are administered by the U.S.
			 Department of Housing and Urban Development; or
c. because the external condition of the home
			 or site does not comply with community rules, unless the operator has specified
			 in writing the area(s) of non-compliance and has given the homeowner a
			 reasonable opportunity to bring the home into compliance; and
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.09 - Sale or Lease of a Manufactured Housing Community

Current through Register 1525, July 5, 2024
(1)
Unfair or Deceptive Acts or
			 Practices:
General. It shall be an unfair or deceptive act or practice
			 in violation of M.G.L. c. 93A for an operator to fail:
(a) to give notice of any intention to sell
			 or lease all or part of the manufactured housing community, as required under
			 M.G.L. c. 140, § 32R(a);
(b)
			 to give notice of an offer for such a sale or lease that the operator intends
			 to accept, to the extent required under M.G.L. c. 140, § 32R(b);
			 or
(c) to unreasonably refuse to
			 enter into, or to unreasonably delay the execution or closing on, a purchase
			 and sale agreement or lease with residents who have exercised their right of
			 first refusal to purchase or lease the community under M.G.L. c. 140, §
			 32R(c) by making a
bona fide
offer as set forth
			 therein.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.10 - Discontinuance of a Manufactured Housing Community

Current through Register 1525, July 5, 2024
(1)
Good Faith.
There shall be a
			 rebuttable presumption that a change of use or a discontinuance of a
			 manufactured housing community is not in "good faith" where:
(a) a discontinuance notice is issued within
			 six months after a group of tenants, either collectively or in the aggregate,
			 has reported a violation of M.G.L. c. 140, §§ 32L or 32M or any
			 applicable building or health code to the board of health of a city or town in
			 which the community is located, the Department of Public Health, the Department
			 of the Attorney General or any other appropriate government agency;
(b) a discontinuance notice is issued within
			 six months after the tenants of a manufactured housing community seek to
			 obtain, or do actually obtain, rent control in their manufactured housing
			 community;
(c) a discontinuance
			 notice is issued within six months after a manufactured housing community owner
			 has failed to obtain a rent increase that he or she sought from a local rent
			 control board;
(d) credible
			 evidence is produced that the manufactured housing community owner's stated
			 reasons in the discontinuance notice for discontinuing the community are
			 demonstrably false;
(e) a notice of
			 discontinuance is issued prior to issuance of any permit or approval required
			 under local law;
(f) the
			 discontinuance notice contains no planned alternative use for the land upon
			 which the manufactured housing community sits or where the current zoning of
			 the land does not allow for any stated planned alternative use; or
(g) a manufactured housing community owner
			 fails to subsequently conduct and distribute the results of the annual survey
			 required by M.G.L. c. 140, § 32L(7)(A).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.11 - Licensing and Enforcement

Current through Register 1525, July 5, 2024
(1)
License.
Each owner of land upon which three or more manufactured
			 homes are occupied for dwelling purposes shall apply to the Board of Health
			 with jurisdiction over the manufactured housing community for an annual
			 manufactured housing community license pursuant to M.G.L. c. 140, §
			 32B.
(2)
Rules.
An
			 operator who is applying for a new license or renewing a license shall annually
			 submit to the Board of Health a copy of the rules currently in effect in the
			 community with the license application and shall keep such rules on file for
			 inspection by residents and other interested parties. Such rules shall be
			 accompanied by a written certification from the prospective licensee, under the
			 pains and penalties of perjury, that such prospective licensee has complied
			 with M.G.L. c. 140, § 32L(5) with respect to submission to and approval,
			 or absence of disapproval by the Secretary and the Attorney General of such
			 rules.
(3)
Fines.
A
			 board of health that determines that an operator has failed to comply with
			 M.G.L. c. 140, § 32E may issue notices of violation and assess fines for
			 such violations pursuant to M.G.L. c. 140, § 32E. 940 CMR 10.11 shall not
			 be construed in derogation of the authority of any other appropriate
			 enforcement agency or court from enforcing M.G.L. c. 140, § 32E or any
			 other part of M.G.L. c. 140, §§ 32A through 32S.
(4)
Revoked License.
Where a
			 board of health has revoked or suspended a community license pursuant to M.G.L.
			 c. 140, § 32B, the operator of the community shall still be subject to all
			 the provisions of M.G.L. c. 140, §§ 32A through 32S and
			 940 CMR 10.00.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.12 - Cooperatives

Current through Register 1525, July 5, 2024
940 CMR 10.00 shall not apply
				to any disputes or transactions between a cooperative and its shareholders.
				However, any unfair act or practice, regardless of its relation to
				940 CMR 10.00, is a violation
				of M.G.L. c. 93A.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.13 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 10.00 or the
				application of such provision to any person or circumstance shall be held
				invalid, the validity of the remainder of
				940 CMR 10.00 and the
				applicability of such provision to any other person or circumstance shall not
				be affected thereby.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.14 - Enforcement Date

Current through Register 1525, July 5, 2024
940 CMR 10.00 shall be
				enforced as of September 23, 1996. The regulations herein relating to notices
				of change of use or of discontinuance shall apply to notices pending on or
				issued after September 23, 1996.
				940 CMR 10.00 shall also
				apply to the enforcement of manufactured housing community rules after
				September 23, 1996, regardless of the date such rules were first
				adopted.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 11.00 - Fair Information Practices Act › Section 11.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Application
.
			 940 CMR 11.00 shall apply to
			 the Attorney General and the Department of the Attorney General, the
			 governmental entity created by M.G.L. c. 12, § 1 (collectively the
			 "AGO").
(2)
Scope
.
			 940 CMR 11.00 shall govern
			 the collection, maintenance, and dissemination of personal data contained in
			 the personal data systems of the AGO.
(3)
Severability
. If
			 any section of
			 940 CMR 11.00 is finally
			 determined to be unlawful or invalid, the other sections shall continue in
			 effect and shall be enforceable.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 11.00 - Fair Information Practices Act › Section 11.02 - Meaning of Terms

Current through Register 1525, July 5, 2024
Consistent with the purposes of M.G.L. c. 66A and the
				definitions as set forth in M.G.L. c. 66A, § 1, the following terms shall
				have the following additional meanings:
Compulsory Legal Process
shall mean a
				demand for personal data that is issued by or through a federal or state court
				or party to litigation, including any demand made by: summons; subpoena;
				discovery request; or judicial order.
Criminal Offender Record Information
				(CORI)
shall have the same meaning as set forth in M.G.L. c. 6,
				§ 167. Pursuant to the definition contained within M.G.L. c. 66A, §
				1, CORI is not "personal data".
Data Subject
shall have the same
				meaning as set forth in M.G.L. c. 66A, § 1. In addition, "similar
				entities" excluded from 940 CMR 11.02:
Data Subject
shall include sole proprietorships or other businesses, and not-for-profit or
				charitable entities.
Evaluative Information
shall have the
				same meaning as set forth in M.G.L. c. 6, § 167. Pursuant to the
				definition contained within M.G.L. c. 66A, § 1, evaluative information is
				not "personal data".
Intelligence Information
shall have
				the same meaning as set forth in M.G.L. c. 6, § 167. Pursuant to the
				definition contained within M.G.L. c. 66A, § 1, intelligence information
				is not "personal data".
Personal Data
shall mean any
				information concerning an individual which, because of name, identifying
				number, mark, description, or other such personal identifiers, can be readily
				associated with a particular individual; provided that such information is not
				contained in a public record, as defined in M.G.L. c. 4, § 7, cl. 26.
				Personal data shall not include intelligence information, evaluative
				information, or criminal offender record information; nor shall it include the
				government employees' or contractors' analysis of personal data (including
				mental impressions or opinions of, or conclusions, recommendations, or advice
				based on, or attorney-client privileged communications regarding, such personal
				data), where such analysis is not, or is not contained in, a public
				record.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 11.00 - Fair Information Practices Act › Section 11.03 - Receipt, Collection, and Maintenance of Personal Data

Current through Register 1525, July 5, 2024
(1)
General Rules Regarding
			 Personal Data
.
(a) The AGO shall
			 not collect or maintain more personal data than is reasonably necessary for the
			 performance of its functions;
(b)
			 The AGO shall take reasonable precautions to protect personal data from dangers
			 of fire, identity theft, theft, flood, natural disaster, or other physical
			 threat;
(c) The AGO may receive,
			 collect, and maintain personal data from agencies, public officials, and
			 employees the AGO represents in civil litigation; and
(d) The AGO may receive, collect, and
			 maintain personal data from other federal, state, or local governmental
			 entities, including the courts, for law enforcement purposes.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 11.00 - Fair Information Practices Act › Section 11.04 - Access to Personal Data by Persons Other than the Data Subject

Current through Register 1525, July 5, 2024
(1)
General Rules Regarding Access to Personal Data
.
(a)
Access to Personal
			 Data
. Except as provided in 940 CMR 11.04, the AGO shall not allow
			 any other agency or individual not employed or contracted by the AGO to have
			 access to personal data unless such access is authorized by law, or is approved
			 by the data subject if the data subject is entitled to access under M.G.L. c.
			 66A, § 2(i) and
			 940 CMR 11.00.
(b)
Response to Public Records
			 Requests
. Any information concerning an individual which, because
			 of name, identifying number, mark, description, or other such personal
			 identifiers, can be readily associated with a particular individual, that is
			 contained in a public record as defined by M.G.L. c. 4, § 7, cl.
			 Twenty-sixth, is not "personal data" and therefore, public records containing
			 such information may be disseminated to any person making such request,
			 provided that any personal information as defined by M.G.L. c. 93H is redacted
			 prior to dissemination. As illustration, and without limitation, the following
			 records received and maintained by the AGO will ordinarily be considered
			 "public records".
1.consumer complaints
			 against retail businesses or merchants providing goods or services, other than
			 insurance, healthcare, or financial services providers;
2.open meeting law complaints;
3.public records requests;
4.records that have already been filed with,
			 and are available to the public through, any state or federal court;
			 and
5.records that have already
			 been made public by the data subject, including, but not limited to posts on
			 the internet or through social media.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 12.00 - Regulations Governing Raffles › Section 12.01 - Definitions

Current through Register 1525, July 5, 2024
Prize
. Any item or items chosen by a
				sponsoring organization as the subject of a raffle, which the organization
				announces it will award to a person selected by chance from among those
				purchasing tickets to the raffle.
Qualified Member
. For the purposes of
				eligibility to participate in managing or otherwise assisting in the operation
				of a raffle, a person is a bona fide member of the licensed organization only
				when he or she:
(a) Has become a member prior to the commencement of the
				function and such membership was not dependent upon, or in any way related to
				the payment of consideration to participate in, any gambling activity;
				and
(b) Has held full and regular membership status in the licensed
				organization for a period of not less than three consecutive months prior to
				the subject function; and
(c) Has paid any reasonable initiation or admission fees for
				membership, and/or any dues, consistent with the nature and purpose of the
				licensed organization and with the type of membership obtained and is not in
				arrears in payment of any such fees or dues; and
(d) Has met all other conditions required by the licensed
				organization for membership and is in all respects a member in good standing at
				the time of the subject function.
A person may also be a bona fide member of a bona fide
				charitable or bona fide nonprofit organization affiliated with or auxiliary to
				his or her licensed organization, or to which his or her own licensed
				organization is auxiliary, when he or she meets all of the standards set out
				above respecting his or her own licensed organization.
Related Party
. Includes:
(a) An officer, director, or trustee (or an individual having
				powers or responsibilities similar to those of officers, directors, or
				trustees) of the organization.
(b) A spouse other than a spouse who is legally separated from
				the individual under a decree of divorce or separate maintenance; a child
				including legally adopted children; grandchildren; parents; and grandparents of
				parties described in 940 CMR 12.01(1).
(c) A corporation, trust, estate or partnership more than 35%
				of which is owned or held by any of the preceding.
Sponsoring Organization
. Any
				organization conducting a raffle pursuant to a license under M.G.L. c. 271,
				§ 7A to conduct raffles.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 12.00 - Regulations Governing Raffles › Section 12.02 - Disclosure

Current through Register 1525, July 5, 2024
(1) In any raffle conducted pursuant to
			 M.G.L. c. 271, § 7A, the sponsoring organization must disclose the
			 following information either on the raffle ticket itself or in a written notice
			 given to the purchaser prior to the sale:
(a)
			 a full and fair description of the prize;
(b) the appraised value of the
			 prize;
(c) date or dates when the
			 prize will be available for inspection;
(d) if there is a minimum number of tickets
			 to be sold; what the minimum is and the procedure to be employed to secure a
			 refund in the event the minimum is not reached;
(e) the maximum number of tickets to be sold
			 if any;
(f) the fact that the value
			 of the prize will be treated as ordinary income to the winner for federal and
			 state income tax purposes and that the winner may be required to pre-pay a
			 portion of the tax liability prior to receiving the prize;
(g) the fact that the Internal Revenue
			 Service takes the position that no portion of the ticket price will qualify as
			 a charitable contribution for federal income tax purposes:
(h) the drawing date for the
			 raffle;
(i) the estimated
			 percentage of the ticket price which will be used for charitable purposes in
			 the event that only the minimum number of tickets are sold;
(j) the exact nature of the charitable
			 purpose for which the proceeds will be used:
(k) any other facts the disclosure of which
			 may have influenced the purchaser or prospective purchaser not to enter into
			 the transaction.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 12.00 - Regulations Governing Raffles › Section 12.03 - Obligations of the Sponsoring Organization

Current through Register 1525, July 5, 2024
(1) If there are any changes in the terms of
			 the raffle such as a change in the nature or value of the prize, a postponement
			 of the drawing date, the sale of greater than the maximum number of tickets,
			 etc., the organization shall notify each of the ticket purchasers of the change
			 and offer them an opportunity to rescind their purchase.
(2) If for any reason the raffle is not
			 completed and a prize is not awarded on the scheduled drawing date, the
			 sponsoring organization must take all steps necessary to notify ticket
			 purchasers of that fact and return all money received from ticket purchasers
			 within 30 days.
(3) No member or
			 employee, or immediate family member of a member or employee, of a sponsoring
			 organization who has been directly involved in the promotion or operation of a
			 raffle shall be permitted to purchase tickets to the raffle or win the prize.
			 The sale of tickets alone shall not constitute the promotion and sale of a
			 raffle for purposes of 940 CMR 12.03.
(4) The sponsoring organization shall take
			 such steps as are necessary under the circumstances to insure that each ticket
			 purchased has a chance to be selected as the prize winner and that the prize
			 winner is selected in an entirely random manner.
(5) In cases where the sponsoring
			 organization purchases the prize from a third party, it must arrange for an
			 independent appraisal of the value of the prize from a person licensed to
			 render such appraisals, or if there is no applicable licensing requirement,
			 from a person qualified to render such appraisals.
(6) If the sponsoring organization purchases
			 a prize from a related party, the price to be paid must be at cost or
			 substantially less than the appraised value of the prize.
(7) No sponsoring organization or its
			 employees, members, agents or servants, shall give away tickets to a raffle
			 without receiving the full established price for them.
(8) The sponsoring organization shall
			 structure the raffle in such a way that it may reasonably be anticipated that
			 the sponsoring organization will retain a percentage of the gross proceeds
			 which is reasonable under the circumstances and shall retain all of the net
			 proceeds (gross proceeds minus the direct expenses of the raffle) for the
			 purposes specified in their application under M.G.L. c. 271, §
			 7A.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 12.00 - Regulations Governing Raffles › Section 12.04 - Record Keeping, Financial Control

Current through Register 1525, July 5, 2024
(1) A
			 record keeper shall be designated from among the members of the organization as
			 defined at
			 940 CMR 12.01 and
			 shall have been a member for a minimum of two years prior to the commencement
			 of the raffle. The record keeper or his designee shall be responsible for the
			 keeping and distribution of raffle tickets to be sold, the safekeeping of paid
			 for and completed ticket stubs, and the maintenance of the records prescribed
			 by 940 CMR 12.04 during and after the completion or suspension of the raffle
			 for a period of at least two years.
(2) The raffle ticket shall have at least two
			 parts, one of which is to be retained by the purchaser, and the other to be
			 retained by the record keeper. The record keeper's part must at a minimum
			 contain the purchaser's name, address, and the telephone number. All such parts
			 shall be imprinted with sequential serial numbers commencing with the numeral
			 "1" through the maximum number of tickets to be sold. Both copies shall bear
			 the signatures of both the seller and the purchaser of the ticket.
(3) The record keeper shall maintain and
			 periodically update as the need arises, the following types of records:
(a) a list of members of the sponsoring
			 organization;
(b) a list of members
			 authorized to sell raffle tickets or participating in any way in the promotion
			 or operation of the raffle;
(c) all
			 documents, bills of sale, agreements, appraisals or other documents concerning
			 the purchase of the article or articles to be raffled;
(d) all permits, licenses, and any other
			 documents prescribed or required by law as necessary for the lawful conduct of
			 a raffle;
(e) a ledger book or
			 other suitable record keeping device listing the serial number of the ticekt
			 sold, the purchaser's name and addrees, and the date purchased. Such entries
			 shall be made upon receipt of the ticket part from the selling member or
			 members and will be maintained in such a way as to permit a calculation at any
			 time, of the number of tickets sold to date;
(f) the ticket stubs used to conduct the
			 drawing for a period of not less than two years.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 12.00 - Regulations Governing Raffles › Section 12.05 - Violations of Regulations

Current through Register 1525, July 5, 2024
Failure to comply with any of
				940
				CMR 12.00 shall be deemed an unfair and deceptive act
				or practice, in violation of M.G.L. c. 93A, § 2 or a misapplication of
				funds given or appropriated to public charities.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 12.00 - Regulations Governing Raffles › Section 12.06 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940
				CMR 12.00 or the application of such provision to any
				person or circumstances shall be held invalid, the validity of the remainder of
				940
				CMR 12.00 and the applicability of such provision to
				other persons or circumstances shall not be affected thereby.