reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.360 - Fines and Sanctions

Current through Register 1525, July 5, 2024
The Commission or a Commission Delegee may issue an order to a
				Licensee or a Host Community to show cause as to why a fine or other financial
				penalty against a Licensee, Registrant, or Host Community should not be imposed
				for any acts or omissions determined to be in violation of the state Marijuana
				laws, including
				950 CMR
				501.000.
(1)
Notice of Fines or Sanctions
. The Commission or a
			 Commission Delegee shall send written notice of the action taken against a
			 Licensee, Registrant, or Host Community and the basis(es) for that action which
			 shall include, but not be limited to, the following information:
(a) The Commission's statutory and regulatory
			 authority, including its jurisdiction over the subject matter and its authority
			 to issue the order with regards to the License, registration or HCA;
(b) The factual basis(es) of the
			 order;
(c) The alleged violation(s)
			 of law;
(d) An assessment of an
			 administrative fine of up to $50,000 per violation, or an order for corrective
			 action fixing a reasonable time for correction of the violation or both;
			 and
(e) Notice to the Licensee,
			 Registrant, or Host Community that they may request a hearing in accordance
			 with 935 CMR 501.500.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.370 - Orders to Show Cause

Current through Register 1525, July 5, 2024
(1) If, after
			 investigation, the Commission or a Commission Delegee determines that there are
			 grounds to suspend or revoke a License or registration, it may also issue an
			 Order to Show Cause why the Licensee or registration should not be suspended or
			 revoked.
(2)
Notice of
			 Violations
. The Commission or a Commission Delegee shall send
			 written notice of the action taken against a Licensee or Registrant and the
			 basis for that action, which shall include, but not be limited to, the
			 following information:
(a) the Commission's
			 statutory and regulatory authority, including its jurisdiction over the subject
			 matter and its authority to issue the order with regards to the License or
			 registration;
(b) the factual
			 basis(es) of the order;
(c) the
			 alleged violation(s) of law, including the alleged noncompliance with law,
			 regulation, guideline or other applicable requirement;
(d) the restriction(s) on the Licensee's or
			 Registrant's operations or the sale or use of Marijuana, Marijuana Products, or
			 MIPs, if any;
(e) the potential for
			 further disciplinary action(s), sanction(s) or fine(s); and
(f) the right to a hearing, if any.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.400 - Medical Marijuana Treatment Center License: Grounds for Denial of Application for Licensure

Current through Register 1525, July 5, 2024
Each of the following, in and of itself, constitutes full and
				adequate grounds for denying an applicant on an application for an MTC License
				and the associated individuals and entities, but not for the renewal of a
				License.
(1) The applicant failed to
			 complete the application process within the time required by the
			 Commission.
(2) Information
			 provided by the applicant was deceptive, misleading, false or fraudulent, or
			 that tends to deceive or create a misleading impression, whether directly, or
			 by omission or ambiguity, including lack of disclosure or insufficient
			 disclosure.
(3) The application
			 indicates an inability to maintain and operate an MTC in compliance with the
			 requirements of St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94I,
			 and 935 CMR
			 501.000 including, but not limited to,
			 935
			 CMR 501.105 and
			 935
			 CMR 501.110 based on the submission of
			 information required by
			 935
			 CMR 501.101(1) and
			 (2).
(4) The applicant has been determined to be
			 unsuitable pursuant to any one or more of the factors listed in
			 935
			 CMR 501.800 and
			 501.801.
(5) The applicant failed to comply with the
			 control limitations listed in
			 935
			 CMR 501.050(1)(b)  or would
			 likely fail to comply with such limitations if a License were
			 granted.
(6) An applicant had its
			 License or registration revoked or application denied in the Commonwealth or an
			 Other Jurisdiction.
(7) Any other
			 ground that serves the purposes of St. 2016, c. 334, as amended by St. 2017, c.
			 55, M.G.L. c. 94I, or
			 935 CMR
			 501.000.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.415 - Void Medical Marijuana Treatment Center License

Current through Register 1525, July 5, 2024
An MTC License is void if the MTC Ceases to Operate or
				transfers its location without Commission approval or adds a Person or Entity
				Having Direct or Indirect Control to the License without Commission
				approval.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.450 - Medical Marijuana Treatment Center Registration or License: Grounds for Suspension, Revocation and Denial of Renewal Applications

Current through Register 1525, July 5, 2024
Each of the following, in and of itself, constitutes full and
				adequate grounds for suspending or revoking an MTC's License or denying a
				renewal application for an MTC License.
(1) The MTC is not operational within the
			 time projected in the License application or the time otherwise approved by the
			 Commission.
(2) Information
			 provided by the MTC was deceptive, misleading, false or fraudulent, or that
			 tends to deceive or create a misleading impression, whether directly, or by
			 omission or ambiguity, including lack of disclosure or insufficient
			 disclosure.
(3) The MTC has failed
			 to comply with any requirement of St. 2016, c. 334, as amended by St. 2017, c.
			 55, M.G.L. c. 94I, and
			 935 CMR
			 501.000, or any applicable law or regulation
			 including, but not limited to, the laws and regulations of the Commonwealth
			 relating to taxes, child support, workers' compensation, and professional and
			 commercial insurance coverage.
(4)
			 The MTC has failed to submit a plan of correction as required or to implement
			 the plan as submitted pursuant to
			 935
			 CMR 501.320.
(5) The MTC has assigned or attempted to
			 change ownership or assign its License to another entity without prior approval
			 of the Commission under
			 935
			 CMR 501.104.
(6) The Licensee failed to comply with the
			 control limitations listed in
			 935
			 CMR 501.050(1)(b)  or would
			 likely fail to comply with such limitations, if a renewal License were
			 granted.
(7) There has been a lack
			 of responsible operation of the MTC, as shown by, but not limited to, one or
			 more of the following:
(a) Failure to maintain
			 the MTC in a clean, orderly, and sanitary fashion;
(b) Permitting an MTC agent to use a
			 Registration Card belonging to a different person;
(c) Repeated failure to verify the proper
			 temporary or annual registration documents for a Patient or Personal Caregiver,
			 in accordance with
			 935
			 CMR 501.015(3)  and
			 501.020(2),
			 prior to permitting that individual on the Premises of an MTC or making sales
			 of Marijuana or MIPs to that individual; or
(d) Other incompetent or negligent
			 operation.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.500 - Hearings and Appeals of Commission Actions

Current through Register 1525, July 5, 2024
(1) The Commission has the authority to
			 administer the administrative hearing process under M.G.L. c. 94I, § 7 and
			 M.G.L. c. 94G, § 4(a)(xxiv) and (g).
(2) A Licensee or Host Community shall be
			 afforded a hearing on any adverse action taken pursuant to:
(a)
									935
			 CMR 501.360;
(b)
									935
			 CMR 501.370;
(c)
									935
			 CMR 501.450; or
(d) Any other notice of the Commission that
			 specifies that the Licensee, Registrant, or Host Community has a right to
			 challenge the findings of fact and conclusions of law set forth in the
			 Commission's notice using the process set forth in
			 935
			 CMR 501.500.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.801 - Suitability Standard for Licensure

Current through Register 1525, July 5, 2024
(1) In accordance with M.G.L. c. 94I and
			 M.G.L. c. 94G, § 5, the Commission is prohibited from licensing an MTC
			 where an individual who is a Person Having Direct or Indirect Control has been
			 convicted of a felony or offense in an Other Jurisdiction that would be a
			 felony in the Commonwealth, except a prior conviction solely for a Marijuana
			 offense or solely for a violation of M.G.L. c. 94C, § 34, unless the
			 offense involved distribution of a controlled substance, including Marijuana,
			 to a minor.
(2) For purposes of
			 determining suitability based on background checks in accordance with
			 935 CMR
			 501.101(1)(b):
(a) All conditions, offenses, and violations
			 are construed to include Massachusetts law or like or similar law(s) of Other
			 Jurisdictions.
(b) All criminal
			 disqualifying conditions, offenses, and violations include the crimes of
			 attempt, accessory, conspiracy, and solicitation.
(c) Juvenile dispositions shall not be
			 considered as a factor for determining suitability.
(d) Where applicable, all look back periods
			 for criminal conditions, offenses, and violations included in 935 CMR 501.801:
Table A
commence on the date of disposition; provided,
			 however, that if disposition results in incarceration in any institution, the
			 look back period shall commence on release from incarceration.
(e) Unless otherwise specified in Table, a
			 criminal condition, offense or violation include both convictions, which
			 include guilty pleas and pleas of
nolo contendere
, and
			 dispositions resulting in continuances without a finding or other disposition
			 constituting an admission to sufficient facts, but shall exclude other
			 non-conviction dispositions.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.820 - Confidentiality

Current through Register 1525, July 5, 2024
(1) All records made or received by the
			 Commission shall be public records and shall be available for disclosure on
			 request pursuant to 935 CMR 501.820, and
			 950 CMR
			 32.00:
Public Records Access
, except
			 the following, which shall be exempt from disclosure to the extent permitted by
			 law:
(a) All records exempt from disclosure
			 pursuant to M.G.L. c. 4, § 7, cl. 26;
(b) All records to the extent that they
			 contain "personal data" pursuant to M.G.L. c. 66, § 1;
(c) All records to the extent that they
			 contain "personal information" pursuant to M.G.L. c. 93H, § 1;
(d) All records which contain CORI as defined
			 by
			 803 CMR 2.02:
Definitions
;
(e)
			 All records which contain CHRI as defined by
			 803 CMR 7.02:
Definitions
; and
(f) All Confidential Records as defined in
			 935 CMR
			 501.002.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.830 - Petitions for the Adoption, Amendment or Repeal of Regulations

Current through Register 1525, July 5, 2024
(1) Any interested Person may file a petition
			 with the Commission pursuant to M.G.L. c. 30A, § 4, for the adoption,
			 amendment or repeal of any regulation. Such petition shall be submitted in
			 written and electronic form, be signed by the petitioner or petitioner's
			 representative, and include the following information:
(a) The name, address, and relevant contact
			 information for the petitioner or the petitioner's representative;
(b) The petitioner's specific interest in the
			 regulation;
(c) The petitioner's
			 request for the adoption, amendment or repeal of a regulation, including
			 proposed regulatory language;
(d)
			 If the request is to amend an existing regulation, a copy of the existing
			 regulation with changes clearly marked on paper and electronic copies;
			 and
(e) The reasons for the request
			 including, but not limited to, citation to any relevant legal authority,
			 arguments and evidence, including data, that supports the request.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.840 - Nonconflict with Other Laws

Current through Register 1525, July 5, 2024
(1) Nothing in
			 935 CMR
			 501.000 shall be construed to limit the applicability
			 of other law as it pertains to the rights of landlords, employers, Law
			 Enforcement Authorities, or regulatory agencies, except as otherwise provided
			 in
			 935 CMR
			 501.000.
(2) Nothing in
			 935 CMR
			 501.000:
(a) Allows
			 the operation of a motor vehicle, boat, or aircraft while under the influence
			 of Marijuana;
(b) Requires any
			 health insurance provider, or any government agency or authority, to reimburse
			 any person for the expenses of the medical use of Marijuana;
(c) Requires any healthcare professional to
			 authorize the use of medical Marijuana for a Qualifying Patient;
(d) Requires any accommodation of any on-site
			 medical use of Marijuana in any place of employment, school bus or on school
			 grounds, in any youth center, in any correctional facility, or of smoking
			 medical Marijuana in any public place;
(e) Supersedes Massachusetts law prohibiting
			 the possession, cultivation, transport, distribution, or sale of Marijuana for
			 nonmedical purposes;
(f) Requires
			 the violation of federal law or purports to give immunity under federal law; or
(g) Poses an obstacle to federal
			 enforcement of federal law.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.850 - Waivers

Current through Register 1525, July 5, 2024
(1) The Commission may delegate its authority
			 to the Executive Director to waive a regulatory requirement promulgated under
			 M.G.L. c. 94G, § 4 and M.G.L. c. 94I, § 7. The Executive Director may
			 determine the form and manner of the waiver process. There can be no waiver of
			 statutory requirements.
(2) The
			 Commission may waive applicability of one or more of the requirements imposed
			 by
			 935
			 CMR 501.000 on the submission of written documentation
			 and a finding that:
(a) Compliance would cause
			 undue hardship to the requestor;
(b) If applicable, the implementation of
			 compensating features acceptable to the Commission;
(c) The noncompliance with the regulatory
			 requirement would not jeopardize the health, safety, or welfare of any
			 Registered Qualifying Patient or the public; and
(d) The granting of the waiver would not
			 constitute a waiver of any statutory requirements.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.860 - Notice

Current through Register 1525, July 5, 2024
(1) The Commission shall maintain a list of
			 individuals or entities that request notice.
(2) Notice shall be provided, in a time and
			 manner to be determined by the Commission, to those individuals or entities on
			 the list in advance for:
(a) Meetings of the
			 Cannabis Control Commission;
(b)
			 Meetings of the Cannabis Advisory Board; and
(c) Other events determined by the
			 Commission, in its discretion.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.900 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				935
				CMR 501.000 are severable. If a court of competent
				jurisdiction declares any section, subsection, paragraph, or provision
				unconstitutional or invalid, the validity of the remaining provisions shall not
				be affected.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 502.000

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
935 CMR 502.000: St. 2017, c. 55: An Act to Ensure Safe Access
				to Marijuana, and M.G.L. c. 94G and M.G.L. c.
				94I.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 2.00 - Regulations Of The Director Of Public Charities › Section 2.01 - Definitions

Current through Register 1525, July 5, 2024
Director
means the Director of the
				Division of Public Charities as defined by M.G.L. c. 12, § 8C.
Division
means the Division of Public
				Charities as defined by M.G. L. c. 12, § 8C.
Public Charity
means any organization
				that is charitable as determined by Massachusetts law including statutory and
				case law irrespective of its categorization under federal definitions.
Property
is held "for any religious
				purpose" as used in M.G.L. c. 12, § 8F if it is used to maintain any
				religious society or church, its buildings, grounds and cemeteries, its
				services, its religious instruction, its clergy and its general religious
				activity.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 2.00 - Regulations Of The Director Of Public Charities › Section 2.02 - Filing of Reports

Current through Register 1525, July 5, 2024
(1) Reports shall
			 be filed with respect to all public charities within the Commonwealth except:
(a) A public charity that is exempt from
			 filing a return pursuant to Treasury Regulation § 1.6033-2(g)(1)(i) or
			 (ii) or (iv) or (vii).
(b) Any
			 public charity that is not exempt from filing under 940 CMR 2.02(1)(a), but
			 holds property "for any religious purpose" as defined in
			 940 CMR 2.01, and
			 believes that it would involve a hardship to separate such property from
			 property held for nonreligious purposes for the purposes of filing reports
			 under M.G.L. c. 12, § 8F, or any public charity which is in doubt as to
			 whether property is held "for any religious purpose" as so defined, may make
			 written application to the Director for exemption from filing, and the Director
			 shall have full discretion to grant or deny such exemption either in full or in
			 part.
(c) A public charity which
			 pays its total net income to a department or agency of the Commonwealth, City,
			 Town, or other subdivision of the Commonwealth and which submits a financial
			 report to such agency.
(d) A public
			 charity, all of the trustees of which are duly elected or appointed by a
			 municipal or state department or agency, and the accounts of which are subject
			 to audit by the auditors of the Commonwealth.
Any public charity exempt from filing reports pursuant to 940
				CMR 2.02(1)(a) through (d) shall not be required to register under M.G.L. c.
				12, § 8E.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 2.00 - Regulations Of The Director Of Public Charities › Section 2.03 - Books and Records

Current through Register 1525, July 5, 2024
(1) Every
			 public charity required to file written annual reports with the Division
			 pursuant to M.G.L. c. 12 § 8F shall keep such permanent books of account
			 or records including records of inventories, as are sufficient to substantiate
			 each item of the financial and nonfinancial information required in the annual
			 report.
(2) The permanent books of
			 account and records shall be kept accurately, but no particular form is
			 required for keeping the records.
(3) The permanent books and records shall
			 support each individual transaction for the recording of the items of gross
			 support, revenue, and expenses.
(4)
			 The permanent books of account and records shall provide a functional breakdown
			 of expenses such that fund raising expenses can be distinguished from all other
			 expenses.
(5) The permanent books
			 of account shall disclose the sources of revenue and expenses related to
			 special events and show specifically the items of revenue and expenses from the
			 special events.
(6) A demand under
			 M.G.L. c. 12, § 8L shall be made at least three business days prior to the
			 required production of records unless the Director reasonably believes that the
			 safekeeping of such records is threatened.
(7) Records required by a demand under M.G.L.
			 c. 12, § 8L shall be made available at the usual place of business of the
			 public charity during normal business hours.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.02 - False Advertising

Current through Register 1525, July 5, 2024
(1) No
			 advertisement containing an offer to sell a product shall be made when the
			 offer is not a bona fide effort to sell the advertised product.
(2) No statement or illustration shall be
			 used in any advertisement which creates a false impression of the grade,
			 quality, make, value, currency of model, size, color, usability, or origin of
			 the product offered, or which may otherwise misrepresent the product in such a
			 manner that later, on disclosure of the true facts, there is a likelihood that
			 the buyer may be switched from the advertised product to another.
Even though the true facts are subsequently made known to the
				buyer, the law is violated if the first contact or interview is secured by
				deception.
(3) No act or
			 practice shall be engaged in by an advertiser or seller to discourage the
			 purchase of the advertised product as part of a bait scheme to sell another
			 product.
For example, among acts or practices which will be considered
				in determining if an advertisement is a bona fide offer are:
(a) The refusal to show, demonstrate, or sell
			 the product offered in accordance with the terms of the offer.
(b) The disparagement by acts or words of the
			 advertised product or disparagement with respect to the guarantee, credit
			 terms, availability of service, repairs or parts, or in any other respect, in
			 connection with it.
(c) The failure
			 to have available at all outlets listed in the advertisement a sufficient
			 quantity of the advertised product to meet reasonably anticipated demands,
			 unless the advertisement clearly and adequately discloses that supply is
			 limited and/or the product is available only at designated outlets.
(d) The refusal to take orders for the
			 advertised product to be delivered within a reasonable period of
			 time.
(e) The showing or
			 demonstrating of a product which is defective, unusable or impractical for the
			 purpose represented or implied in the advertisement.
(f) Use of a sales plan or method of
			 compensation for salesmen or penalizing salesmen, designed to prevent or
			 discourage them from selling the advertised product.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.03 - Deceptive Advertising of Guarantees

Current through Register 1525, July 5, 2024
In determining whether terminology and direct or implied
				representations concerning guarantees, however made, i.e., in advertising or
				otherwise, in connection with the sale or offering for sale of a product, may
				be in violation of M.G.L. c. 93A, s. 2(a), the following general principles
				will be used:
(1) In general, any
			 guarantee in advertising shall clearly and conspicuously disclose:
(a) The nature and extent of the guarantee.
			 This includes disclosure of:
1. What product
			 or part of the product is guaranteed.
2. What characteristics of properties of the
			 designated product or part thereof are covered by, or excluded from, the
			 guarantee.
3. What is the duration
			 of the guarantee
4. What, if
			 anything, any one claiming under the guarantee must do before the guarantor
			 will fulfill his obligation under the guarantee, such as return of the product
			 and payment of service or labor charges; and
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.04 - Deceptive Pricing

Current through Register 1525, July 5, 2024
No claim or representation shall be made by any means which has
				the capacity or tendency or effect of deceiving buyers or prospective buyers as
				to the value or the past, present, common or usual price of a product, or as to
				any reduction in price of a product, or any saving relating to a product.
				Savings or value claims utilized in connection with terms such as "originally,"
				"formerly," "regularly," "usually," "comparable value," "list price" or other
				like terms, expressions or representations must be based on facts provable by
				the claimant or advertiser.
(1) By his
			 own records; or
(2) By reasonably
			 substantial competitive sales in the trading area where such claims or
			 representations are made, under circumstances and conditions as represented or
			 implied by the claims or representations.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.05 - General Misrepresentations

Current through Register 1525, July 5, 2024
(1)
			 No claim or representation shall be made by any means concerning a product
			 which directly, or by implication, or by failure to adequately disclose
			 additional relevant information, has the capacity or tendency or effect of
			 deceiving buyers or prospective buyers in any material respect. This
			 prohibition includes, but is not limited to, representations or claims relating
			 to the construction, durability, reliability, manner or time of performance,
			 safety, strength, condition, or life expectancy of such product, or financing
			 relating to such product, or the utility of such product or any part thereof,
			 or the ease with which such product may be operated, repaired, or maintained or
			 the benefit to be derived from the use thereof.
(2) No advertisement shall be used which
			 would mislead or tend to mislead buyers or prospective buyers, through
			 pictorial representations or in any other manner, as to the product being
			 offered for sale. Where price is featured in advertising, any picture or
			 depiction utilized in connection therewith, shall clearly indicate the exact
			 product being offered for sale at the advertised price.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.06 - Referral Schemes

Current through Register 1525, July 5, 2024
No plan or scheme of inducing purchases, or entering into
				obligations by representations and promises such as the following, or
				conditioned thereon, shall be used:
(1) That the seller would pay to each buyer
			 certain money, credit or anything of value for each of any number or of a
			 certain number of prospective buyers referred or recommended by each buyer, or
			 for each such prospective customer so referred who becomes a buyer, and to whom
			 the same representations and promises would be made, and
(2) That the buyers' purchases may thus be
			 free or paid off in whole or in part by such money, credit, thing of value,
			 and/or
(3) Concealing or disguising
			 the obligation or contract involved or falsely representing that the plan does
			 not involve any obligation or contract.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.07 - Advertising or Offering to Sell on an "Easy Credit" Basis

Current through Register 1525, July 5, 2024
(1) It is an unfair or deceptive act or
			 practice for any seller to induce a buyer or prospective buyer to enter into a
			 transaction by advertising or offering to sell to such buyer on easy or lenient
			 credit terms, or words to similar effect or meaning, when the facts demonstrate
			 that the credit or repayment terms of the credit arrangement are neither
			 lenient nor easy. Factors indicating that the credit terms are neither lenient
			 nor easy are:
(a) The seller does not in fact
			 extend credit to persons whose ability to pay, or credit rating, is below
			 generally prevailing standards of credit worthiness;
(b) The down payment and repayment periods
			 are not as low as or are shorter than those extended to persons ordinarily
			 determined to be credit worthy;
(c)
			 The true cost of the credit being charged by the seller is in excess of the
			 average cost being charged by other sellers in the same general merchandise
			 retail market;
(d) The mark up over
			 the seller's acquisition cost for the goods or services which are the subject
			 of the transaction exceeds the average mark-up being charged for similar or
			 comparable goods or services by sellers in the same general merchandise retail
			 market;
(e) The seller pursues a
			 policy of using rigorous collection practices against buyers who fall behind in
			 their payments;
(f) The seller
			 negotiates, sells, or discounts the instrument which is the evidence of the
			 buyer's indebtedness to a third party without printing or stamping on the face
			 "Consumer Note."
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.08 - Repairs and Services Including Warranties and Service Contracts

Current through Register 1525, July 5, 2024
(1)
Repairs and Services
. It shall be an unfair and
			 deceptive act or practice to:
(a) Fail to
			 provide in advance to a customer upon request a written estimate of the cost to
			 the customer of the anticipated repairs, or the basis upon which the charge to
			 the customer will be made and the reasonably expected time to accomplish such
			 repairs, including any charge for reassembly of any parts disassembled for
			 inspection or any service charge to be imposed;
(b) Make or charge for repairs which have not
			 been authorized by the customer;
(c) Fail to disclose, in the case of an
			 in-home service call where the consumer has initially contacted the repairman,
			 that a service charge will be imposed even though no repairs are effected,
			 before the repairman goes to the consumer's home;
(d) Represent that repairs are indicated to
			 be necessary when such is not a fact;
(e) Represent that repairs have been made
			 when such is not a fact;
(f)
			 Represent that the goods being inspected or diagnosed are in a dangerous
			 condition or that the customer's continued use of them may be harmful to him
			 when such is not a fact;
(g)
			 Materially understate or misstate the estimated cost of repair
			 services.
(h) Fail to provide the
			 customer with an itemized list of repairs performed and the reason for such
			 repairs including:
1.A list of parts and
			 statement of whether they are new, used, or rebuilt and the cost thereof to the
			 customer; and
2.The number of hours
			 of labor charged and the name of the mechanic performing the service; provided,
			 however, that the requirements of 940 CMR 3.08(1)(h) shall be satisfied by the
			 statement of a flat rate price if such repairs are customarily done and billed
			 on a flat rate price basis.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.09 - Door to Door Sales and Home Improvement Transactions

Current through Register 1525, July 5, 2024
In connection with any door to door sale or home improvement
				transaction, it constitutes an unfair or deceptive act or practice for any
				seller to:
(1) At the time of initial
			 contact, and before making any statement or asking any questions, use any
			 misrepresentation, or fail to state any material fact which has the capacity or
			 tendency to disguise, hide, or fail to inform the purchaser of the purpose of
			 the contact;
(2) Make any
			 representation, in the sale, offering for sale, advertising, or distributing
			 for sale, or in any other manner, including the failure to adequately disclose
			 additional relevant information, which has the capacity, tendency or effect of
			 misleading or deceiving purchasers or prospective purchasers with respect to
			 any material aspect of the product or transaction or any service to be
			 performed in conjunction with the purchase of the product or service which the
			 seller is advertising, selling, offering for sale or distributing for
			 sale;
(3) Represent that the
			 purchaser's or prospective purchaser's home or other property, real or
			 personal, is to be used as a so called "model home" or "model property" for
			 demonstration or advertising purposes or offer to give a rebate or discount or
			 otherwise pay or to make any other similar representations, if in connection
			 therewith the seller misleads the purchaser or prospective purchaser into the
			 belief that he will be paid a commission or other compensation, either before
			 or after the purchaser or prospective purchaser has paid in full for the
			 seller's work, for any sale which the seller may make in the vicinity or within
			 any specified distance from the purchaser's home, or that the cost of the
			 purchase of any product to the purchaser will thereby be reduced or fully paid,
			 if the earning of the rebate, discount, or other value is contingent upon the
			 occurrence of an event subsequent to the time the purchaser enters into the
			 agreement.
(4) Fail to disclose the
			 exact nature, description and price of the goods or services which are to be
			 the subject of the transaction to the purchaser or prospective purchaser in
			 advance of any attempt to induce the purchaser or prospective purchaser to
			 enter into
(a) an agreement in writing,
			 or
(b) to pay any consideration to
			 the seller;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.10 - Private Home Study, Business, Technological Social Skills and Career Schools - Correspondence and Other

Current through Register 1525, July 5, 2024
Repealed and replaced by
				940 CMR 31.00: For- profit
				and Occupational Schools
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.11 - Private Employment Agencies and Business Schemes

Current through Register 1525, July 5, 2024
(1) The making of false or deceptive
			 representations through advertisements or otherwise, regarding the actual or
			 probable earnings or the existence of opportunities or openings in any
			 vocation, company, business, firm or other place of employment is an unfair and
			 deceptive trade practice.
(2) It is
			 an unfair and deceptive trade practice to make any representations as to
			 opportunities available in, or to promote any activity, occupation, or vocation
			 as being profitable for one engaging in it if in fact the representations as to
			 the opportunities available or profits to be made are untrue.
(3) It is an unfair and deceptive practice in
			 the sale or offering for sale of consumer goods or services for any person, to
			 represent or imply in advertising or otherwise that persons employed in a
			 particular position in a trade or industry or who are self-employed earn a
			 stated salary or income or that the goods or services offered or sold will
			 enable the purchaser or prospective purchaser to 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 average salary or income of persons employed less than five years in
			 the indicated position in the Commonwealth, and the advertisement or
			 representation states the basis for calculation of the average salary or
			 income; or the advertisement or representation states the basis for calculation
			 of the salary stated and also discloses the average salary or income of persons
			 employed less than five years in the indicated position in the Commonwealth;
			 and
(b) The advertisement or
			 representation states 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 goods or services will earn the stated salary or
			 income, unless the guarantee is actually offered by the seller.
The words "EARN $...." or "EARN UP TO $...." or words of
				similar import or meaning constitute a representation that a person who
				purchases the goods or services will earn the stated salary or income within
				the meaning of
				940 CMR
				3.11.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.12 - Lay Away Plans

Current through Register 1525, July 5, 2024
It is unfair and deceptive acts or practice:
(1) To fail to disclose or to misrepresent in
			 any way the store's policy with reference to a "lay away" plan;
(2) To represent to a buyer who is purchasing
			 on a "lay away" plan that the specific goods chosen by the buyer or an exact
			 duplicate of such goods are being laid away for that buyer when such is not a
			 fact;
(3) To fail to disclose to
			 the buyer that the specified goods or their exact duplicate will only be set
			 aside for a certain period of time;
(4) To deliver to the buyer after payments
			 (pursuant to the lay away plan) are completed, goods which are not identical or
			 exact substitutes to those specified, unless prior approval in writing has been
			 received from the buyer;
(5) To
			 increase the price of the goods specified either by way of increasing the
			 payments or substituting goods which are of a lower quantity of
			 price;
(6) To fail to deliver to
			 the buyer, on any date payment is made, a receipt showing the amount of that
			 payment and the date thereof, and, upon request, the balance of payments made
			 up to that date;
(7) To fail to
			 disclose or misrepresent in any way the store's policy with reference to
			 cancellations and repayment or non repayment of payments already made, and in
			 case payments are not refunded, to fail to disclose that fact in
			 writing.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.13 - Pricing and Refund, Return and Cancellation Privileges

Current through Register 1525, July 5, 2024
(1) Pricing.
(a) Failure to Disclose Price. It is an
			 unfair and deceptive act or practice for any person subject to 940 CMR 3.13:
1. to fail to disclose to a buyer prior to
			 any agreement the price or cost of any services to be provided, or
2. to fail to affix to any goods offered for
			 sale to consumers the price at which the goods are to be sold. As used in 940
			 CMR 3.13, the term "affix" shall mean to price an item individually by means of
			 a pricing tag or sticker appended to the item, or by printing the price on the
			 product or its packaging.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.14 - Subscription and Mail Orders

Current through Register 1525, July 5, 2024
(1)
Misrepresentation of Books or Services
. It is unfair
			 trade practice to make or publish, or cause to be made or published, directly
			 or indirectly, any false, misleading, or deceptive statement or
			 misrepresentation, whether in the form of advertisement, testimonial,
			 endorsement, illustration, or other form of representation however disseminated
			 or published concerning the grade, quality, material, size, contents, use,
			 value, price, origin, preparation, manufacturer, or date of publication or
			 copyright of any book, or the current or up to date character thereof or
			 concerning the grade, quality, substance, size, manufacture, or the value of
			 the binding thereof or the lettering thereon, or concerning any service offered
			 in connection therewith, or in any other material respect.
(2)
Misrepresentation of Books
			 Being Free
. In the sale or offering for sale of books, it is an
			 unfair trade practice to represent, through advertising or otherwise, that such
			 books are given free and that payments required in connection therewith are for
			 supplements thereto or for extension, revision, continuation, yearbook, or
			 other similar services or for services to be rendered by a research or other
			 bureau, when such is not the fact; or that a certain number of books have been
			 reserved to be given away free of cost to selected persons as a means of
			 advertising, or that a certain number of persons in a community have been
			 designated to receive a book or books or any form of service free of cost, when
			 such is not the fact.
(3)
Misrepresentation as to the Nature of Business
. It is
			 unfair trade practice for a seller:
(a) To
			 use, or cause to be used, any representation or inference
1. That such seller is an association or
			 organization of educators, teachers, engineers, or scientists, or of persons
			 having other professional or technical qualifications when such is not in fact
			 true; or
2. That the business of
			 such seller is other than a private business enterprise operated for profit
			 when such is not the fact; or
3.
			 That such seller is a book publisher or a representative or distributor for a
			 book publisher when such is not the fact; or
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.15 - New for Used, Substitution of Products, Failure to Deliver

Current through Register 1525, July 5, 2024
(1) New for Used.
			 It is unfair and deceptive trade practice to represent, directly or indirectly,
			 that a product is new or unused, or that any part of a product is new or unused
			 when such is not the fact, or to misrepresent the extent of previous use
			 thereof. It is further an unfair and deceptive trade practice for a seller to
			 offer for sale or sell any product which is used, contains used parts; is
			 rebuilt, remanufactured, reconditioned, or contains rebuilt, remanufactured, or
			 reconditioned parts; or has the appearance of being new when it is not; unless
			 prior, clear and conspicuous disclosure that such a product has been used,
			 rebuilt, remanufactured or reconditioned, or that it contains used, rebuilt,
			 remanufactured or reconditioned parts, is made to the buyer or prospective
			 buyer.
The disclosure that a product has been used or contains used
				parts as required by the previous paragraph may be made by use of a word such
				as, but not limited to, "Used," "Second Hand," "Repaired," "Remanufactured,"
				"Reconditioned," "Rebuilt," or "Relined," whichever is applicable to the
				product involved.
(2)
			 Substitution of Products. It is an unfair and deceptive trade practice to make
			 a substitution of products:
(a) By shipping,
			 delivering, or installing products which do not conform to samples submitted or
			 to specifications upon which the sale is consummated to induced, or to the
			 representations made prior to securing the order, without advising the
			 purchaser of the substitution and obtaining his consent thereto prior to making
			 shipment, delivery, or installation;
(b) By falsely representing the reason for
			 making the substitution in order to induce consent; or
(c) When there was no intention to deliver
			 the original merchandise ordered.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.16 - General

Current through Register 1525, July 5, 2024
Without limiting the scope of any other rule, regulation or
				statute, an act or practice is a violation of M.G.L. c.93A, s. 2 if:
(1) It is oppressive or otherwise
			 unconscionable in any respect; or
(2) Any person or other legal entity subject
			 to this act fails to disclose to a buyer or prospective buyer any fact, the
			 disclosure of which may have influenced the buyer or prospective buyer not to
			 enter into the transaction; or
(3)
			 It fails to comply with existing statutes, rules, regulations or laws, meant
			 for the protection of the public's health, safety, or welfare promulgated by
			 the Commonwealth or any political subdivision thereof intended to provide the
			 consumers of this Commonwealth protection; or
(4) It violates the Federal Trade Commission
			 Act, the Federal Consumer Credit Protection Act or other Federal consumer
			 protection statutes within the purview of M.G.L. c. 93A, s. 2.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.17 - Landlord-Tenant

Current through Register 1525, July 5, 2024
(1) Conditions and
			 Maintenance of a Dwelling Unit. It shall be an unfair or deceptive act or
			 practice for an owner to:
(a) Rent a dwelling
			 unit which, at the inception of the tenancy
1.
			 contains a condition which amounts to a violation of law which may endanger or
			 materially impair the health, safety, or well-being of the occupant;
			 or
2. is unfit for human
			 habitation;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.18 - Price Gouging

Current through Register 1525, July 5, 2024
(1) It shall be an
			 unfair or deceptive act or practice, during any market emergency, for any
			 petroleum-related business to sell or offer to sell any petroleum product for
			 an amount that represents an unconscionably high price.
(2) A price is unconscionably high if:
(a) the amount charged represents a gross
			 disparity between the price of the petroleum product and
1. the price at which the same product was
			 sold or offered for sale by the petroleum-related business in the usual course
			 of business immediately prior to the onset of the market emergency,
			 or
2. the price at which the same
			 or similar petroleum product is readily obtainable by other buyers in the trade
			 area; and
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 3.00 - General Regulations › Section 3.19 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR
				3.00 or the application of such provision to any
				person or circumstances shall be held invalid, the validity of the remainder of
				940 CMR
				3.00 and the applicability of such provision to other
				persons or circumstances shall not be affected thereby.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 4.00 - Long Term Care Facilities › Section 4.02 - Unfair or Deceptive Acts or 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 a licensee or an
				administrator:
(1) to fail to comply
			 with any existing state or federal statute, rule or regulation which provides
			 protection to or for residents or prospective residents of long-term care
			 facilities;
(2) to fail or refuse
			 to inform the resident, both orally and in writing, in clear and conspicuous
			 type, in a language the resident understands, as evidenced by the resident's
			 written acknowledgement, and to inform his/her legal representative or next of
			 kin:
(a) that the facility has written
			 policies, including, but not limited to, policies regarding the rights and
			 responsibilities of residents; and
(b) the subject of each such
			 policy;