reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.03 - Application Assistant Certification

Current through Register 1525, July 5, 2024
(1)
			 All Application Assistants must be certified by the Program to participate in
			 this Program.
(2) Application
			 Assistant certification will only be granted when the prospective Application
			 Assistant:
(a) is an employee of a state or
			 local agency, or of a nonprofit program that provides counseling, referral,
			 shelter or other specialized service to survivors of domestic violence, rape,
			 sexual assault or stalking and has been designated by the agency to be an
			 Application Assistant;
(b)
			 successfully completes Program orientation and training sessions provided by
			 the Program;
(c) completes an
			 application to be an Application Assistant which includes the applicant's name,
			 address, service provider or agency, supervisor's name, relevant
			 qualifications;
(d) agrees to
			 adhere to the policies, procedures and directions of the Program;
			 and,
(e) agrees to adhere to the
			 instructions and terms provided in the Application Assistant
			 Agreement.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.04 - Program Participant Application and Certification Process

Current through Register 1525, July 5, 2024
(1) Each Program Participant must be
			 certified by the Program Manager to participate in the Program.
(2) Program Participant certification will be
			 granted only where the prospective Program Participant:
(a) is a current Massachusetts
			 resident;
(b) is a victim of
			 domestic violence, rape, sexual assault or stalking;
(c) provides specific evidence that the
			 applicant
1. is a survivor of domestic
			 violence, sexual assault, rape or stalking, including certified law
			 enforcement, court, federal and/or state agency records or files or
2. the applicant provides other specific
			 evidence deemed acceptable in the sole discretion of the Program Manager and
			 General Counsel of the Office of the Secretary of the
			 Commonwealth.
(d) affirms
			 under penalties of perjury that the disclosure of their address will threaten
			 the safety of the applicant or applicant's minor children or the minor or the
			 incapacitated person on whose behalf the application is made;
(e) completes, signs, dates and provides all
			 necessary information required under M.G.L. c. 9A, § 2 and the standard
			 application form and the authorization card form provided by the
			 Program;
(f) agrees in writing to
			 use the applicable substitute addresses designated by the Program for use by
			 Program Participants;
(g) agrees in
			 writing to abide by
			 950 CMR
			 130.00 and all other written Program rules, policies
			 and procedures;
(h) provides the
			 residential address and mailing address, if applicable, where the applicant may
			 be contacted by the Program Manager or their designee and the telephone
			 number(s) where the applicant may be called by the Program Manager or their
			 designee; and
(i) provides one or
			 more addresses the applicant requests not be disclosed for the reason that
			 disclosure will jeopardize the applicant's safety or increase the risk of
			 violence to the applicant or members of the applicant's household.
(j) demonstrates custody or guardianship of
			 any minor children or incapacitated persons also being admitted to the Program
			 and agrees not to use to use the Program to evade law enforcement or to avoid
			 establishing or following child custody or visitation orders.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.05 - Responsibilities of a Program Participant

Current through Register 1525, July 5, 2024
A Program Participant:
(1) may not disclose any address other than
			 the applicable designated address to any state or local agency, including the
			 Registry of Motor Vehicles;
(2) may
			 not disclose their residential address to the batterer, stalker or perpetrator
			 of the domestic violence, sexual assault, rape or stalking.
(3) must notify the Program in writing of a
			 change in the Program Participant's contact information at least seven days in
			 advance, or immediately thereafter if such change is necessitated by an
			 emergency or other unforeseen event;
(4) must return the identification card to
			 the Program immediately upon withdrawal or cancellation of participation in the
			 Program; and
(5) must promptly
			 disclose in writing to the Program any civil, criminal or administrative
			 proceeding in which Participant is a witness or party and any court order
			 including, but not limited to, divorce proceedings, child support, child
			 custody and visitation orders.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.06 - Responsibilities of State and Local Agencies

Current through Register 1525, July 5, 2024
(1) A
			 Program Participant shall request, at the time of creation of a new record,
			 that a state or local agency use a substitute address designated by the Program
			 as their residential or mailing address.
(2) A Program Participant shall show their
			 original identification card to the agency official creating a new record and
			 request address confidentiality through use of a substitute address in
lieu
of their actual location. The substitute address shall
			 appear on the Program Participant's identification card.
(3) Agency personnel may contact the Program
			 manager to verify Participant's certification in the Program. They may make a
			 file photocopy of the identification card and shall immediately return the
			 identification card to the Program Participant.
(4) An agency shall accept the applicable
			 designated substitute address unless the agency has received a written record
			 exemption determination from the Program.
(5) An agency shall not question the Program
			 participant about the details or circumstances of their inclusion in the
			 Program. Rather, the agency shall accept the determination made by the Program
			 that the person is a qualified Program Participant.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.07 - Substitute Addresses Designated by the Address Confidentiality Program

Current through Register 1525, July 5, 2024
(1) The Address Confidentiality Program has
			 designated a substitute address to be used as a Participant's legal mailing and
			 residential address.
(2) The
			 Address Confidentiality Program in consultation with the Registry of Motor
			 Vehicles has designated a specific street address solely for use on motor
			 vehicle operator licenses, registrations, for vehicle insurance and for excise
			 tax purposes. Program Participants must use the designated street address on
			 all such matters.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.08 - Agency Exemption Request

Current through Register 1525, July 5, 2024
(1) An agency
			 requesting an exemption under
			 950
			 CMR 130.08, must provide in writing to the
			 Program Manager:
(a) identification of the
			 statute or administrative rule which demonstrates the agency's
bona
			 fide
requirement and authority for the use of the actual address of an
			 individual;
(b) identification and
			 description of the specific record or record series for which the exemption is
			 requested;
(c) identification of
			 the individuals who will have access to the record;
(d) an explanation of why the agency cannot
			 meet its statutory or administrative obligations by a change in its internal
			 procedures.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.09 - Cancellation of Program Certification

Current through Register 1525, July 5, 2024
(1) Program
			 certification shall be cancelled if the Participant:
(a) no longer resides in
			 Massachusetts;
(b) changes their
			 name without informing the Program in a timely manner;
(c) discloses their residential address to
			 the batterer, stalker or perpetrator of sexual assault or to any state or local
			 agency, including the Registry of Motor Vehicles;
(d) fails to agree to or use the designated
			 substitute mailing address or, if applicable, the designated street address on
			 motor vehicle operator licenses, registration, vehicle insurance or excise
			 tax.
(e) Fails to agree to or abide
			 by any written Program rule, policy or procedure previously communicated to the
			 Participant;
(f) Fails to notify
			 the Program Manager in writing of a change in contact information as provided
			 in 950 CMR
			 130.05(3);
(g) Fails to disclose in writing to the
			 Program Manager any civil, criminal or administrative proceeding as provided in
			 950
			 CMR 130.05(5);
(h) Provides false or misleading information
			 in the application or to any state or local agency in connection with the
			 Program; or
(i) Uses or attempts to
			 use the Program to evade law enforcement or to avoid establishing or following
			 child custody or visitation orders.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.10 - Appeal of Denial, Non-renewal or Cancellation of Program Certification

Current through Register 1525, July 5, 2024
(1) The Secretary of the Commonwealth shall
			 designate a committee of five members to review appeals of denial, cancellation
			 or non-renewal of Program certification. The appeal committee may include one
			 representative from the Massachusetts Office for Victims Assistance, one
			 representative from Jane Doe, Inc., and three other members chosen by the
			 Secretary of the Commonwealth.
(2)
			 Within 30 days of the date of the denial, cancellation or non-renewal, the
			 Program applicant may request, in writing, that the committee reconsider the
			 Program Manager's decision to deny or cancel Program certification. The
			 committee may determine to allow Program certification to remain in place
			 during the pendency of the appeal if the applicant establishes that the
			 cancellation was due to accident or oversight. The committee shall consider any
			 application for which a request for reconsideration is received. After
			 reconsideration of the application, the committee shall affirm the denial or
			 certify the application.
(3) The
			 committee shall notify the applicant of its decision within 30 days of receipt
			 of the request for reconsideration.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.11 - Program Participation Renewal

Current through Register 1525, July 5, 2024
(1) A
			 currently certified Program Participant may apply to renew their Program
			 certification by completing the Recertification Application provided by the
			 Program and providing a copy of legal identification and birth certificates for
			 any children. Renewal Applications may not require use of an Application
			 Assistant. A notice of recertification eligibility shall be sent to the
			 Participant at least 30 days before the expiration of the current
			 authorization.
(2) If the Program
			 Manager determines that the Program Participant is eligible to participate in
			 the Program, they shall certify the Participant for an additional four-year
			 term and issue a new identification card. The Participant shall return the
			 expired card to the Program Manager.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.12 - Service of Process

Current through Register 1525, July 5, 2024
(1) The Secretary
			 of the Commonwealth shall be an agent of the Program Participant upon whom any
			 summons, writ, notice, demand, or process may be served.
(2) Service on the Secretary of the
			 Commonwealth of any such summons, writ, demand, notice, or process shall be
			 made by mailing or delivering to the applicable substitute address, or by
			 delivering to the address of the General Counsel, Secretary of the Commonwealth
			 at One Ashburton Place, Room 1719, Boston, Massachusetts 02108 two copies of
			 the summons, writ, notice, demand, or process.
(3) If a summons, writ, notice, demand, or
			 process is served on the Secretary of the Commonwealth, the Secretary of the
			 Commonwealth shall forward a copy within 24 hours of receipt to the Program
			 Participant at the Participant's current residential address shown on the
			 records of the Program.
(4) The
			 Program Manager shall maintain in the Program Participant's file, a record of
			 all summonses, writs, notices, demands, and processes served upon the Secretary
			 of the Commonwealth for that Participant under which shall include the date of
			 such service and the Secretary of the Commonwealth's action.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.13 - Correspondence from Courts

Current through Register 1525, July 5, 2024
All correspondence with a return address of a court shall be
				forwarded within 24 hours of receipt to the Program Participant's residential
				address shown on the records of the Program.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.14 - Disclosure of Program Participant's Address

Current through Register 1525, July 5, 2024
The Program Manager shall disclose a Program Participant's
				address:
(1) upon written request by
			 the chief commanding officer of a law enforcement agency or their designee in
			 connection with a law enforcement matter;
(2) upon receipt of a court order which
			 specifically orders the disclosure of a particular Program Participant's
			 address and the reason therefore; or
(3) to law enforcement if the Program Manager
			 has reasonable cause to believe the Participant is using the Program to evade
			 law enforcement.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 130.00 - Administration Of Address Confidentiality Program › Section 130.15 - Written Agreement of Current Program Participants to Abide by 950 CMR 130.00 and Other Written Program Rules, Policies and Procedures

Current through Register 1525, July 5, 2024
(1) The Program will send written notice of
			 the adoption of the amended regulations to each Program Participant.
(2) Each Program Participant must sign, date
			 and return the written agreement provided by the Program to the Program
			 Participant reflecting their agreement to use the applicable substitute
			 addresses designated for use by Program Participants and to abide by
			 950 CMR
			 130.00 and all other written rules, policies and
			 procedures of the Program communicated to the Program Participant.
(3) The written agreement must be received by
			 the Program no later than the date and time set forth in the written
			 notice.
(4) Failure to sign, date
			 and return the agreement timely will result in cancellation of Program
			 certification pursuant to
			 950
			 CMR 130.09.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
950 CMR
				131.00 describes the practices and procedures of the
				State Secretary relative to M.G.L. c. 9A, the Address Confidentiality Program.
				The Program, which is under the supervision of the Program Manager, administers
				the provisions of M.G.L. c. 9A pertaining to the Address Confidentiality
				Program and related matters. The Program Manager may make, amend and rescind
				such rules, forms, orders and policies as are contemplated by M.G.L. c. 9A and
				as are necessary to carry out its purpose.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.03 - Health Care Program Participant Application and Certification Process

Current through Register 1525, July 5, 2024
(1) Each Health Care Program Participant must
			 be certified by the Program Manager to participate in the Program.
(2) Health Care Program Participant
			 certification will be granted only where the prospective Health Care Program
			 Participant:
(a) is a current Massachusetts
			 resident;
(b) is an individual
			 engaged in the provision, facilitation or promotion of a legally-protected
			 health care activity;
(c) provides
			 specific evidence that the applicant is engaged in the provision, facilitation
			 or promotion of a legally-protected health care activity or the applicant
			 provides other specific evidence deemed acceptable in the sole discretion of
			 the Program Manager and General Counsel of the Office of the Secretary of the
			 Commonwealth.
(d) completes, signs,
			 dates and provides all necessary information required under M.G.L. c. 9A,
			 § 2 and the standard application form provided by the Program;
(e) agrees in writing to use the applicable
			 substitute addresses designated by the Program for use by Health Care Program
			 Participants;
(f) agrees in writing
			 to abide by
			 950 CMR
			 131.00 and all other written Program rules, policies
			 and procedures;
(g) provides the
			 residential address and mailing address, if applicable, where the applicant may
			 be contacted by the Program Manager or their designee and the telephone
			 number(s) where the applicant may be called by the Program Manager or their
			 designee; and
(h) provides one or
			 more addresses the applicant requests not be disclosed for the reason that
			 disclosure will jeopardize the applicant's safety or increase the risk of
			 violence to the applicant or members of the applicant's household.
(i) demonstrates custody or guardianship of
			 any minor children or incapacitated persons also being admitted to the Program
			 and agrees not to use the Program to evade law enforcement or to avoid
			 establishing or following child custody or visitation
			 orders.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.04 - Responsibilities of a Health Care Program Participant

Current through Register 1525, July 5, 2024
A Health Care Program Participant:
(1) may not disclose any address other than
			 the applicable designated address to any state or local agency, including the
			 Registry of Motor Vehicles;
(2)
			 must notify the Program in writing of a change in the Health Care Program
			 Participant's contact information, at least seven days in advance, or
			 immediately thereafter if such change is necessitated by an emergency or other
			 unforeseen event;
(3) must return
			 the identification card to the Program immediately upon withdrawal or
			 cancellation of participation in the Program; and
(4) must promptly disclose in writing to the
			 Program any civil, criminal or administrative proceeding in which Participant
			 is a witness or party and any court order including, but not limited to,
			 divorce proceedings, child support, child custody and visitation
			 orders.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.05 - Responsibilities of State and Local Agencies

Current through Register 1525, July 5, 2024
(1) A
			 Health Care Program Participant shall request, at the time of creation of a new
			 record, that a state or local agency use a substitute address designated by the
			 Program as their residential or mailing address.
(2) A Health Care Program Participant shall
			 show their original identification card to the agency official creating a new
			 record and request address confidentiality through use of a substitute address
			 in
lieu
of their actual location. The substitute address shall
			 appear on the Health Care Program Participant's identification card.
(3) Agency personnel may contact the Program
			 manager to verify Participant's certification in the Program. They may make a
			 file photocopy of the identification card and shall immediately return the
			 identification card to the Health Care Program Participant.
(4) An agency shall accept the applicable
			 designated substitute address unless the agency has received a written record
			 exemption determination from the Program.
(5) An agency shall not question the Health
			 Care Program Participant about the details or circumstances of their inclusion
			 in the Program. Rather, the agency shall accept the determination made by the
			 Program that the person is a qualified Health Care Program
			 Participant.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.06 - Substitute Addresses Designated by the Address Confidentiality Program

Current through Register 1525, July 5, 2024
(1) The Address Confidentiality Program has
			 designated a substitute address to be used as a Health Care Program
			 Participant's legal mailing and residential address.
(2) The Address Confidentiality Program, in
			 consultation with the Registry of Motor Vehicles, has designated a specific
			 street address solely for use on motor vehicle operator licenses, registrations
			 and for vehicle insurance and excise tax purposes. Health Care Program
			 Participants must use the designated street address on all such
			 matters.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.07 - Agency Exemption Request

Current through Register 1525, July 5, 2024
(1) An agency
			 requesting an exemption under
			 950
			 CMR 131.07 must provide in writing to the
			 Program Manager:
(a) identification of the
			 statute or administrative rule which demonstrates the agency's
bana
			 fide
requirement and authority for the use of the actual address of an
			 individual;
(b) identification and
			 description of the specific record or record series for which the exemption is
			 requested;
(c) identification of
			 the individuals who will have access to the record;
(d) an explanation of why the agency cannot
			 meet its statutory or administrative obligations by a change in its internal
			 procedures.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.08 - Cancellation of Program Certification

Current through Register 1525, July 5, 2024
(1) Program
			 certification shall be cancelled if the Participant:
(a) no longer resides in
			 Massachusetts;
(b) changes their
			 name without informing the Program in a timely manner;
(c) discloses their residential address to
			 any state or local agency, including the Registry of Motor Vehicles;
(d) fails to agree to, or use, the designated
			 substitute address or, if applicable, the designated street address on motor
			 vehicle operator licenses, registration, vehicle insurance or excise
			 tax.
(e) Fails to agree to or abide
			 by any written Program rule, policy or procedure previously communicated to the
			 Participant;
(f) Fails to notify
			 the Program Manager in writing of a change in contact information as provided
			 in 950 CMR
			 131.04(2);
(g) Fails to disclose in writing to the
			 Program Manager any civil, criminal or administrative proceeding as provided in
			 950
			 CMR 131.04(4);
(h) Provides false or misleading information
			 in the application or to any state or local agency in connection with the
			 Program; or
(i) Uses or attempts to
			 use the Program to evade law enforcement or to avoid establishing or following
			 child custody or visitation orders.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.09 - Appeal of Denial, Non-renewal or Cancellation of Program Certification

Current through Register 1525, July 5, 2024
(1) Within 30 days of the date of the denial,
			 cancellation or non-renewal, the Program applicant may request, in writing,
			 that the Program Manager reconsider the decision to deny or cancel Program
			 certification. The Program Manager may determine to allow Program certification
			 to remain in place during the pendency of the appeal if the applicant
			 establishes that the cancellation was due to accident or oversight. The Program
			 Manager shall consider any application for which a request for reconsideration
			 is received. The Program Manager may request additional documentation to
			 establish qualification. After reconsideration of the application, the Program
			 Manager shall affirm the denial or certify the application.
(2) The Program Manager shall notify the
			 applicant of the decision within 30 days of receipt of the request for
			 reconsideration.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.10 - Program Participation Renewal

Current through Register 1525, July 5, 2024
(1) A
			 currently certified Program Participant may apply to renew their Program
			 certification by completing the Recertification Application provided by the
			 Program and providing a copy of legal identification and birth certificates for
			 any children. A notice of recertification eligibility shall be sent to the
			 Participant at least 30 days before the expiration of the current
			 authorization.
(2) If the Program
			 Manager determines that the Health Care Program Participant is eligible to
			 participate in the Program, they shall certify the Participant for an
			 additional four-year term and issue a new identification card. The Participant
			 shall return the expired card to the Program Manager.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.11 - Service of Process

Current through Register 1525, July 5, 2024
(1) The Secretary
			 of the Commonwealth shall be an agent of the Health Care Program Participant
			 upon whom any summons, writ, notice, demand, or process may be
			 served.
(2) Service on the
			 Secretary of the Commonwealth of any such summons, writ, demand, notice, or
			 process shall be made by mailing or delivering to the applicable substitute
			 address, or by delivering to the address of the General Counsel, Secretary of
			 the Commonwealth at One Ashburton Place, Room 1719, Boston, Massachusetts 02108
			 two copies of the summons, writ, notice, demand, or process.
(3) If a summons, writ, notice, demand, or
			 process is served on the Secretary of the Commonwealth, the Secretary of the
			 Commonwealth shall forward a copy within 24 hours of receipt to the Health Care
			 Program Participant at the Participant's current residential address shown on
			 the records of the Program.
(4) The
			 Program Manager shall maintain in the Health Care Program Participant's file, a
			 record of all summonses, writs, notices, demands, and processes served upon the
			 Secretary of the Commonwealth for that Participant under which shall include
			 the date of such service and the Secretary of the Commonwealth's
			 action.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.12 - Correspondence from Courts

Current through Register 1525, July 5, 2024
All correspondence with a return address of a court shall be
				forwarded within 24 hours of receipt to the Health Care Program Participant's
				residential address shown on the records of the Program.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.13 - Disclosure of Health Care Program Participant's Address

Current through Register 1525, July 5, 2024
The Program Manager shall disclose a Health Care Program
				Participant's address:
(1) upon
			 written request by the chief commanding officer of a law enforcement agency or
			 their designee in connection with a law enforcement matter;
(2) upon receipt of a court order which
			 specifically orders the disclosure of a particular Health Care Program
			 Participant's address and the reason therefore; or
(3) to law enforcement if the Program Manager
			 has reasonable cause to believe the Participant is using the Program to evade
			 law enforcement.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 131.00 - Alternative Address for Those Engages in Protected Health Care Services › Section 131.14 - Written Agreement of Current Health Care Program Participants to Abide by 950 CMR 131.00 and Other Written Program Rules, Policies and Procedures

Current through Register 1525, July 5, 2024
(1) The Program will send written notice of
			 the adoption of the amended regulations to each Health Care Program
			 Participant.
(2) Each Health Care
			 Program Participant must sign, date and return the written agreement provided
			 by the Program to the Participant reflecting their agreement to use the
			 applicable substitute addresses designated for use by Health Care Program
			 Participants and to abide by
			 950 CMR
			 131.00 and all other written rules, policies and
			 procedures of the Program communicated to the Participant.
(3) The written agreement must be received by
			 the Program no later than the date and time set forth in the written
			 notice.
(4) Failure to sign, date
			 and return the agreement timely will result in cancellation of Program
			 certification pursuant to
			 950
			 CMR 131.08.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.01 - Purpose

Current through Register 1525, July 5, 2024
(1)
								950 CMR 140.00 describes the
			 practices and procedures of the Uniform Commercial Code Section of the Office
			 of the Secretary of the Commonwealth relative to Revised Article 9 of the
			 Uniform Commercial Code (UCC). They do not apply to a filing office in which
			 mortgages or records of mortgages on real property are required to be filed or
			 recorded.
(2) The duties and
			 responsibilities of the filing officer with respect to the administration of
			 the UCC are ministerial. In accepting for filing or refusing to file a UCC
			 record pursuant to
			 950 CMR 140.00, the filing
			 officer does none of the following:
(a)
			 Determine the legal sufficiency or insufficiency of a record.
(b) Determine that a security interest in
			 collateral exists or does not exist.
(c) Determine that information in the record
			 is correct or incorrect, in whole or in part.
(d) Create a presumption that information in
			 the record is correct or incorrect, in whole or in part.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.03 - Singular and Plural Forms

Current through Register 1525, July 5, 2024
Singular nouns shall include the plural form and plural nouns
				shall include the singular, unless the context otherwise
				requires.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.04 - Place to File

Current through Register 1525, July 5, 2024
(1) The filing
			 office is the office for filing UCC records relating to all types of collateral
			 except timber to be cut, as extracted collateral as defined in M.G.L. c. 106,
			 § 9-102(a)(6) and when the relevant financing statement is filed as a
			 fixture filing, goods which are or are to become fixtures. Regardless of the
			 nature of the collateral, the filing office is the office for filing all UCC
			 records where the debtor is a transmitting utility.
(2) Records may be mailed or delivered to the
			 filing office at:
Secretary of Commonwealth
UCC Division
One Ashburton Place, Room 1711
Boston, MA 02108-1512.
If the record is mailed or delivered, the envelope must clearly
				identify the type of record enclosed. If an envelope does not clearly identify
				the type of document enclosed, or is submitted to any other area of the office
				or to any district office, the record will not be considered received until
				received by the UCC Division.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.05 - Office Hours

Current through Register 1525, July 5, 2024
Although the filing office maintains regular office hours (8:45
				A.M. to 5:00 P.M., Monday through Friday, except holidays), it receives
				transmissions electronically and by facsimile 24 hours per day, 365 days per
				year, except for scheduled maintenance and unscheduled interruptions of
				service. Electronic communications may be retrieved and processed periodically
				(but no less often than once each day the filing office is open for
				business).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.06 - UCC Record Delivery; Time of Filing

Current through Register 1525, July 5, 2024
UCC records may be tendered for filing at the filing office as
				follows:
(1)
Personal or
			 Courier Delivery at the Filing Office's Street Address
. The time
			 of filing for a UCC record delivered in person or by courier delivery to the
			 filing offices is, notwithstanding the time of delivery, the earlier of the
			 time the financing statement is accepted for filing or the next close of
			 business following the time of delivery. A UCC record delivered after regular
			 business hours or on a day the filing office is not open for business will have
			 a filing time no later than the close of business on the next day the filing
			 office is open for business.
(2)
Postal Service Delivery to the Filing Office's Mailing
			 Address
. The time of filing for a UCC record delivered by this
			 method is, notwithstanding the time of delivery, the time the document is
			 accepted for filing but no later than the close of business the day after the
			 filing office receives the record. If a UCC record is delivered after regular
			 business hours or on a day the filing office is not open for business, the time
			 for filing will be calculated from the time the filing office is next open for
			 business.
(3)
Facsimile
			 Delivery to the Filing Office's Fax Filing Telephone Number
. The
			 file time for a UCC record delivered by this method is, notwithstanding the
			 time of delivery, the earlier of the time the UCC record is accepted for filing
			 or the next close of business following the time of delivery. A UCC record
			 delivered after regular business hours or on a day the filing office is not
			 open for business will have a filing time no later than the close of business
			 on the next day the filing office is open for business.
(4)
Electronic Transmission using
			 the Filing Office's Authorized Transmission Standards
. The file
			 time for a UCC record delivered by this method, notwithstanding the time of
			 delivery, is the time the record is accepted for filing but no later than the
			 next close of business following the time of delivery. A UCC record delivered
			 after regular business hours or on a day the filing office is not open for
			 business will have a filing time no later than the close of business on the
			 next day the filing office is open for business. Electronic mail cannot be used
			 for filing UCC records or for requesting searches of the records of financing
			 statements.
(5)
UCC
			 Search Requests
. UCC search requests may be delivered to the
			 filing office by any of the means by which UCC documents may be delivered to
			 the filing office.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.07 - Forms

Current through Register 1525, July 5, 2024
The forms authorized in M.G.L. c. 106, § 9-521(a) and (b)
				and any amendments thereto and forms prescribed by the filing office shall be
				acceptable by the filing office. Other forms will not be accepted.
Copies of these forms are available on the Office of the
				Secretary of the Commonwealth's website at:
				www.sec.state.ma.us/cor.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.08 - Fees

Current through Register 1525, July 5, 2024
(1)
Filing Fee
. The
			 fee for filing and indexing an initial financing statement or other record is
			 $20.00 for up to two debtor names. The fee for each additional debtor name is
			 $20.00.
(2)
UCC Search
			 Fee
. The fee for a response to a request for information is $10.00
			 for a listing of all filings pertaining to a particular debtor.
(3)
UCC Search-copies
			 Fee
. The fee for a response to a request for information is $30.00
			 for a listing pertaining to a particular debtor with up to 15 pages of copies
			 attached; each additional copied page shall be assessed a $1.00 fee.
(4)
Expedited Service
			 Fee
. An expedited service fee will also be assessed on all
			 electronic transactions by the payment processing vendor.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.09 - Methods of Payment

Current through Register 1525, July 5, 2024
(1) Filing fees and
			 fees for public records may be paid by the following methods:
(a)
In Person
: by
			 cash, personal or cashier's check or money order
(b)
By Mail
:
			 personal or cashier's check or money order
(c)
By Electronic Transmission or
			 Facsimile
: by MasterCard, Visa, electronic funds transfer or debit
			 card.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.10 - Overpayment and Underpayment Policies

Current through Register 1525, July 5, 2024
(1)
Overpayment
- Monies paid in excess of the cost of the
			 service requested will not be refunded.
(2)
Underpayment
-
			 Upon receipt of a document with an insufficient fee, the filing office shall
			 reject the record and return the fee.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.11 - UCC Record Availability

Current through Register 1525, July 5, 2024
The following methods are available for obtaining copies of UCC
				records and copies of data from the UCC information management system.
(1)
Individually Identified
			 Records
. Copies of individually identified UCC records are
			 available in the following forms:
(a)
			 Paper
(b) PDF files
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Section 140.12 - New Practices and Technologies

Current through Register 1525, July 5, 2024
The filing officer is authorized to adopt practices and
				procedures to accomplish receipt, processing maintenance, retrieval and
				transmission of, and remote access to, M.G.L. c. 106, Article 9 filing data by
				means of electronic, voice, optical and/or other technologies, and, without
				limiting the foregoing, to maintain and operate, in addition to or in lieu of a
				paper-based system, a non-paper-based M.G.L. c. 106, Article 9 filing system
				utilizing any of such technologies.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Acceptances and Refusal of Documents › Section 140.13 - File Time

Current through Register 1525, July 5, 2024
A UCC record is filed at the time provided in
				  950 CMR
				  140.06; provided that the filing is not
				  rejected pursuant to M.G.L. c. 106, § 9-516 and
				  950 CMR
				  140.14.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Acceptances and Refusal of Documents › Section 140.14 - Grounds for Refusal of UCC Record

Current through Register 1525, July 5, 2024
The following grounds are the sole grounds for the filing
				  office's refusal to accept a UCC document for filing:
(1)
Debtor Name and
				Address
. An initial financing statement or an amendment that
				purports to add the name of a debtor not previously provided shall be refused
				if the record fails to legibly indicate:
(a)
				whether each named debtor (or each added debtor in the case of an amendment) is
				an individual or an organization;
(b) a name and street address for each
				debtor; or
(c) if the debtor is an
				individual, the surname field.
If the record contains more than one debtor name or street
				  address and some names or street addresses are missing or illegible, the filing
				  officer shall index the legible name and street address pairings, and provide a
				  notice to the filer containing the file number of the record, identification of
				  the debtor name(s) that was (were) indexed, and a statement that debtors with
				  illegible or missing names or street addresses were not indexed.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Acceptances and Refusal of Documents › Section 140.15 - Grounds not Warranting Refusal

Current through Register 1525, July 5, 2024
The following are examples of defects that do not constitute
				  grounds for refusal to accept a record. They are not a comprehensive
				  enumeration of defects outside the scope of permitted grounds for refusal to
				  accept a UCC record for filing.
(1)
Errors
. The UCC record contains or appears to contain
				a misspelling or other apparently erroneous information.
(2)
Incorrect Names.
(a) The UCC record appears to identify a
				debtor incorrectly.
(b) The UCC
				record appears to identify a secured party or a secured party of record
				incorrectly.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Acceptances and Refusal of Documents › Section 140.16 - Procedure upon Refusal

Current through Register 1525, July 5, 2024
If the filing office finds grounds under
				  950 CMR
				  140.14 to refuse acceptance of a UCC record,
				  the filing office shall return the record to the filer and return the filing
				  fee if paid by separate check. The filing office shall send a notice that
				  contains the date and time the record would have been filed had it been
				  accepted for filing (unless such date and time are stamped on the record), and
				  a brief description of the reason for refusal to accept the record. The notice
				  shall be sent to a secured party or the filer no later than the second business
				  day after the filing office receives the record.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Acceptances and Refusal of Documents › Section 140.17 - Acknowledgment

Current through Register 1525, July 5, 2024
The filing officer will provide to a filer an image of the
				  UCC record of the UCC record showing the file number assigned to it and the
				  date and time of filing. Such acknowledgment may be sent by mail or
				  email.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 140.00 - Practices And Procedures Relative To Revised MGL C.106, Article 9 Of The Uniform Commercial Code › Acceptances and Refusal of Documents › Section 140.18 - Notification of Defects

Current through Register 1525, July 5, 2024
Nothing in
				  950 CMR 140.13 through
				  140.19 prevents a
				  filing officer from communicating to a filer that the filing officer noticed
				  apparent potential defects in a UCC record, whether or not it was filed or
				  refused for filing. However, the filing office is under no obligation to do so
				  and may not, in fact, have the resources to do so or to identify such defects.
THE RESPONSIBILITY FOR THE LEGAL EFFECTIVENESS OF FILING RESTS WITH
				  FILERS. THE FILING OFFICE BEARS NO RESPONSIBILITY FOR SUCH
				  EFFECTIVENESS.