reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.08 - Preliminary Approval of Secretary

Current through Register 1525, July 5, 2024
(1) If, based on the Preliminary Economic
			 Development Proposal, the Preliminary Certificate of the Commissioner and the
			 Preliminary Certificate of the Agency, the Secretary determines that the
			 Preliminary Economic Development Proposal is eligible for approval and that it
			 is reasonably likely that the contemplated Economic Development Proposal will
			 satisfy the criteria for approval identified in
			 801
			 CMR 51.03, the Secretary may issue a
			 Preliminary Approval Letter.
(2)
			 Any Preliminary Approval Letter shall state all conditions that must be
			 satisfied prior to final approval of the contemplated Economic Development
			 Proposal. If the Developer is seeking approval of the Economic Development
			 Project as a Phased Project, the Preliminary Letter of Approval shall also
			 state all conditions that must be satisfied prior to final approval of each
			 phase of the Economic Development Project.
(3) Any Preliminary Approval Letter shall
			 incorporate by reference the related Independent Consultant Analysis, the
			 Preliminary Certificate of the Commissioner confirming the estimated state tax
			 revenues, New Revenues and New State Tax Revenues to be realized from the
			 Economic Development Project and the Preliminary Certificate of the Agency
			 confirming the estimated Project Costs for the Public Infrastructure
			 Improvements that may be supported by New State Tax Revenues in accordance with
			 801 CMR 51.00.
(4) The Preliminary Approval Letter shall
			 state the portion of the Project Costs for the Public Infrastructure
			 Improvements eligible for final approval based on the Preliminary Certificate
			 of the Agency.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.09 - Content of Economic Development Proposal Submitted for Municipal Approval

Current through Register 1525, July 5, 2024
The content of the Economic Development Proposal submitted to
				the Municipality shall be the same as the Preliminary Economic Development
				Proposal, as revised prior to receipt of the Preliminary Approval Letter or as
				required to satisfy any of the conditions stated in the Preliminary Approval
				Letter, and shall include the Preliminary Approval Letter, the Preliminary
				Certificate of the Commissioner, the Preliminary Certificate of the Agency and
				the Independent Consultant Analysis.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.10 - Municipal Approval

Current through Register 1525, July 5, 2024
A Developer shall seek formal approval by the Municipality in
				accordance with of St. 2006, c. 293, § 7(b), as amended by St. 2008, c.
				129, § 5. The approval by the Municipality shall:
(a) explicitly approve the Economic
			 Development Proposal, acknowledge the financial obligations the Municipality
			 would be assuming in connection with the approval, and, if the approval is
			 conditioned upon any changes to the Economic Development Proposal, the
			 municipal approval shall clearly identify any such changes;
(b) approve any required zoning changes to
			 accommodate the Economic Development Proposal;
(c) approve the creation of a Municipal
			 Liquidity Reserve for each Assessment Parcel in accordance with St. 2006, c.
			 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2
			 through 17 and St. 2012, c. 238, §§ 60 through 63, and
			 801 CMR 51.00, including the
			 funding of each reserve, or the authorization required to fund each reserve
			 prior to the issuance of the Bonds; and
(d) approve the acquisition or acceptance of
			 any property interests in the Public Infrastructure Improvements to be conveyed
			 to the Municipality upon completion.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.11 - Economic Development Proposal Submitted to Secretary and Agency for Approval

Current through Register 1525, July 5, 2024
Upon receiving municipal approval, a Developer and the
				Municipality shall jointly file an Economic Development Proposal with the
				Secretary and the Agency for their approval. Any such Economic Development
				Proposal submitted to the Secretary and the Agency for approval must be
				submitted not later than 60 days following the date of the related municipal
				approval.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.12 - Content of Application to Secretary and Agency for Approval of Economic Development Proposal

Current through Register 1525, July 5, 2024
The application for final approval of an Economic Development
				Proposal shall include
(1)
The Economic Development Proposal
. The content of the
			 Economic Development Proposal submitted to the Secretary and the Agency for
			 approval shall be the same as the Economic Development Proposal submitted to
			 the Municipality, but if the Municipality's approval was conditioned on any
			 changes to the Economic Development Proposal, the Economic Development Proposal
			 submitted to the Secretary shall reflect these changes.
(2) An opinion of counsel to the Municipality
			 confirming that:
(a) the Municipality approved
			 the Economic Development Proposal in accordance with the requirements of St.
			 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129,
			 §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and
			 801 CMR 51.00; and
(b) the Economic Development Project is
			 permitted under the applicable zoning laws.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.14 - Phased Projects

Current through Register 1525, July 5, 2024
If an Economic Development Project is a Phased Project, the
				Developer and the Municipality must provide evidence of satisfaction of the
				requirements identified in
				801
				CMR 51.12 and the requirements of
				801 CMR
				51.13 must be satisfied prior to the
				Secretary's and the Agency's approval of the portion of any Economic
				Development Proposal related to the phase of the Economic Development Project
				for which the Developer is seeking approval.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.15 - Additional Information

Current through Register 1525, July 5, 2024
The Secretary may request any additional information or
				documentation she considers relevant to her evaluation or approval of the
				Economic Development Proposal, including any additional Commitments that may be
				required in order to confirm the estimated amount of New Revenues or New State
				Tax Revenues upon which any final approval of the Economic Development Proposal
				would be based. The Developer and the Municipality shall promptly provide any
				such information or documentation requested to the extent it is
				available.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.16 - Final Approval

Current through Register 1525, July 5, 2024
If the criteria and requirements for an Economic Development
				Proposal set forth in St. 2006, c. 293, §§ 5 through 12, as amended
				by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,
				§§ 60 through 63, and in
				801 CMR 51.00 are satisfied,
				the Secretary may approve and certify the Economic Development Proposal by
				filing a certificate with the Department, the Agency and the Treasurer
				declaring the Economic Development Proposal to be a certified Economic
				Development Proposal. If the Economic Development Project is a Phased Project,
				the Secretary's approval and certification shall clearly state the phase or
				phases of the Economic Development Project for which such approval and
				certificate relate. Any approval and certification of an Economic Development
				Proposal shall be conditioned upon execution of the related Infrastructure
				Development Assistance Agreement in form consistent with St. 2006, c. 293,
				§§ 5 through 12, as amended by St. 2008, c. 129, §§ 2
				through 17 and St. 2012, c. 238, §§ 60 through 63, and
				801 CMR 51.00 and otherwise
				satisfactory to the Secretary and may be subject to any other conditions the
				Secretary determines to be necessary or desirable.
The Secretary reserves the right, in the Secretary's sole
				discretion, to waive any of the criteria or requirements for approval of an
				Economic Development Proposal stated in
				801 CMR 51.00 that are not
				statutorily required by St. 2006, c. 293, §§ 5 through, as amended by
				St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§
				60 through 63, and the Secretary reserves the right to reject any Economic
				Development Proposal.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 3.00 - Expedited Procedure For Selection Of Designers When An Emergency Situation Exists › Section 3.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
811 CMR 3.00
				establishes a speedy procedure by which the Designer Selection Board
				can select a designer, programmer or construction manager, when an
				emergency situation exists.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 3.00 - Expedited Procedure For Selection Of Designers When An Emergency Situation Exists › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				811 CMR
				3.00 the following terms shall have the
				meanings set forth, unless otherwise prescribed by statute:
Board
or
DSB
. The State Designer Selection
				Board.
Commissioner
. The
				Commissioner of the Division of Capital Asset Management and
				Maintenance.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 3.00 - Expedited Procedure For Selection Of Designers When An Emergency Situation Exists › Section 3.03 - Declaration of Emergency

Current through Register 1525, July 5, 2024
(1) The declaration will be made by the Commissioner pursuant to M.G.L. c. 7C § 53. In the event the Commissioner makes a declaration, neither the DSB Chair nor Vice Chair shall make a separate declaration.
(2) The Commissioner will file a memorandum with the Board, stating the reasons for the emergency declaration and the date by which selection of a designer is requested, listing proposed scope of work, estimated cost of construction, the established lump sum fee for designers' services, and any other relevant information.
(3) Upon receipt of the memorandum from the Commissioner, the Board may elect to follow the expedited procedures set forth in 811 CMR 3.04 and 3.05.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 3.00 - Expedited Procedure For Selection Of Designers When An Emergency Situation Exists › Section 3.04 - Studies, Programs and Design and Administration of Construction Projects

Current through Register 1525, July 5, 2024
(1) If the
			 scope of work involves a study or program, a designer may be selected
			 from the list of consultants who have previously applied to the Board
			 for projects of this nature.
(2) If the scope of the work
			 involves design and administration of a construction project,
			 finalists may be selected from the existing standing list of
			 consultants who have previously applied to the DSB for projects of
			 this nature.
(3) The
			 Chair of the DSB, or in his or her absence, the Vice Chair or senior
			 DSB member, upon receipt of the declaration by the Commissioner that
			 an emergency exists, will select at least six finalists as described
			 in
			 811 CMR 3.04(1) and
			 (2) in consultation with the
			 project manager or other representative of the planning
			 office.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 3.00 - Expedited Procedure For Selection Of Designers When An Emergency Situation Exists › Section 3.05 - Voting by DSB Members for Selection in an Emergency Situation

Current through Register 1525, July 5, 2024
(1) In the event that a request is
			 made under
			 811 CMR 3.04(1) and
			 (2), the Executive Director of the
			 DSB shall promptly compile the information set forth in
			 811 CMR 3.03 and
			 3.04 into a package
			 for distribution and action by all the DSB members at least 24 hours
			 prior to the date by which designer selection is required set forth
			 in the emergency declaration by the Commissioner. When possible,
			 selection shall be made at the next scheduled meeting. When time or
			 other circumstances do not permit, members may vote remotely or by
			 email.
(2) In those cases
			 where the Chair, or in his or her absence, the Vice Chair or senior
			 DSB member, determines that immediate action is required on the basis
			 of an immediate threat to health and safety, or where immediate
			 action is required to complete designer selection by the date set
			 forth in the emergency declaration by the Commissioner, that person
			 shall, in consultation with the project manager or other
			 representative of the office of planning, nominate at least three
			 finalists for the specific project to be acted on. Said Board member
			 may direct the Executive Director to poll all available DSB members
			 by phone or email, and record their vote, tabulate the results, and
			 forward the names of the three or more finalists to the Commissioner
			 for his or her appointment in accordance with M.G.L. c. 7C,
			 §§ 49 and 50.
(3) In the event that the Chair,
			 Vice Chair, or senior DSB member fails to provide the finalist names
			 to the Commissioner by the date set forth in the Commissioner's
			 emergency declaration, the Commissioner may select a designer at his
			 or her own discretion.
(4) The ranking procedures outlined
			 in M.G.L. c. 7C, §§ 49 and 50 shall not apply to the
			 selection process required by
			 811 CMR
			 3.00.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 4.00 - Procedures for Selection of Finalists by Panels of Less than the Full Board › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
811 CMR 4.00
				establishes a procedure by which the Designer Selection Board can
				select finalists with panels of less than the full
				Board.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 4.00 - Procedures for Selection of Finalists by Panels of Less than the Full Board › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 811 CMR 4.00 the following terms shall have the meanings set forth, unless otherwise prescribed by statute:
Board
or
DSB
. The State Designer Selection Board.
Commissioner
. The Commissioner of the Division of Capital Asset Management and Maintenance.
Designer Selection Panel
. At least six members, four of whom shall be architects or engineers, including at least one architect and one engineer.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 4.00 - Procedures for Selection of Finalists by Panels of Less than the Full Board › Section 4.03 - Delegation of Powers and Duties to Panels

Current through Register 1525, July 5, 2024
(1) The
			 Board may delegate its powers and duties under M.G.L. c. 7C,
			 §§ 47(b), 48(c) and (d), 49(a) and (b), 51 and 52 to panels
			 of less than all the Board members as defined in
			 811 CMR 4.02:
Designer Selection Panel
, on a rotating
			 basis as follows:
At any meeting of the Designer Selection
				Board, the Chair of the Board, or in his or her absence, the Vice
				Chair or senior Designer Selection Board member, may assign the
				members present to any panel listed in
				811 CMR 4.02:
Designer Selection Panel
.
(2) Projects will be assigned to
			 the various panels by vote of the Board.
(3) The respective panels shall
			 vote one of the panel members as acting Chair for each established
			 meeting.
(4)
			 Establishment of the panels shall not preclude the Board from acting
			 on projects at a legally constituted meeting of the Designer
			 Selection Board provided there is a quorum of the members.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 4.00 - Procedures for Selection of Finalists by Panels of Less than the Full Board › Section 4.04 - Selection by DSB Panels

Current through Register 1525, July 5, 2024
(1) The
			 designer selection panel selects at least three finalists from among
			 all applicants for each project under its jurisdiction, whenever
			 possible.
(2) The panel
			 ranks the finalists in order of qualification and includes a record
			 of the final vote of the panel, as well as a written statement
			 explaining the panel's reasons for its choice and its ranking of the
			 finalists.
(3) Panel
			 members may participate in meetings by teleconference or
			 videoconference and may conduct voting by telephone polling of Panel
			 members, only if a quorum is established by members who are
			 physically present at the meeting location. Absentee and proxy votes
			 are not otherwise allowed.
(4) A majority of the appointed
			 members constitute a quorum whenever a meeting or vote is
			 required.
(5)
Procedure
.
(a) Panel members individually and
			 collectively review each application and related material to
			 determine which firms are qualified for the project under
			 consideration in accordance with the Board's approved "Criteria for
			 Selection of Semi-finalists and Finalists".
(b) If the initial list of
			 qualified applicants is substantial, then applications are further
			 scrutinized to arrive at a workable list of semi-finalists.
(c) The panel may require a formal
			 interview of the semi-finalists.
(d) Any panel member may make a
			 motion indicating their recommendation for selection of "at least
			 three finalists from among all the applicants".
(e) The panel customarily acts by
			 voice vote. A majority of those members present are required to pass
			 the motion. Abstentions or dissenting votes are recorded in the
			 minutes and will also be included in the public letter listing the
			 selected finalists in accordance with M.G.L. c. 7C, §
			 49F.
(f) A vote by ballot
			 may be ordered by the Chair as to who the selected finalists should
			 be or as to the ranking of the finalists. The tabulation of the vote
			 for the three finalists shall be accomplished by crediting the
			 respective finalists with the designated point count of each member's
			 vote.
Code of Massachusetts Regulations › 811 CMR - DESIGNER SELECTION BOARD › Title 811 CMR 4.00 - Procedures for Selection of Finalists by Panels of Less than the Full Board › Section 4.05 - Notification of DSB Panel Action

Current through Register 1525, July 5, 2024
(1) The
			 panel informs the Commissioner by public letter of the results of its
			 action.
(2) The public
			 record letter includes the following:
(a) Project list number and DSB
			 list and item number;
(b)
			 Project title and location;
(c) Funds available, if provided in
			 the public notice for applications;
(d) Number of applicants for
			 project;
(e) Board panel
			 meeting and date of panel action;
(f) The names and addresses of the
			 selected finalists in rank order;
(g) The record of the final vote of
			 the panel on the selection;
(h) A written statement explaining
			 the panel's reason for its choice of the first ranked
			 finalist;
(i) Designer
			 services authorized for this project;
(j) The estimated or fixed fee to
			 be paid to the designer for the above services or a statement that
			 the fee is to be negotiated;
(k) The fixed limit construction
			 cost of the project to be designed; and
(l) Any conditions or restrictions
			 that accompany this assignment.
Code of Massachusetts Regulations › 812 CMR - CIVIL SERVICE COMMISSION › Title 812 CMR 4.00 - Rates › Section 4.01 - Filing Fees

Current through Register 1525, July 5, 2024
(1) Filing Fees
(a) Provisional Population Case
$25
(b) Bypass Case for Original Appointment and
Examination Challenges
25
(c) Bypass Case for Promotional Appointment and
Examination Challenges
75
(d) Discipline Case
50
(e) Reclassification Case
75
(2)
Waiver
. The Civil Service Commission may waive the filing fee for claimants in accordance with the standard and procedure established by Supreme Judicial Court Rule 3:10, Poverty Threshold for Affidavits of Indigency.
(3)
Reimbursements
. In compliance with the legislative directive, the filing fee shall be reimbursed to an aggrieved party in a discipline case who is successful in their claim before the Civil Service Commission. A party will not be reimbursed in a case that is withdrawn. Claimants seeking a refund must file a request for a refund within 30 days from the receipt of a final decision by the Civil Service Commission.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies › Section 2.01 - Purpose and Application

Current through Register 1525, July 5, 2024
(1)
Purpose
. 815 CMR 2.00 establishes rules and procedures to assist departments with the administration of Grants and Subsidies.
(2)
Application
. 815 CMR 2.00 applies to all State Departments that administer Grants and Subsidies, including agencies, subdivisions, offices, boards, commissions or institutions of the Executive Department, including the Institutions of Higher Education, the Judicial and Legislative Branches and the Constitutional Offices. 815 CMR 6.00: Interdepartmental Fiscal Business governs Interdepartmental business between two or more State departments. 801 CMR 21.00: Procurement of Commodities or Services, Including Human and Social Services, governs procurements and expenditures for commodities and services, including human and social services, including Department purchases of goods or services needed to carry out a project or program under a Federal Grant Award. The Office of the Comptroller will interpret 815 CMR 2.00 and take any actions necessary to carry out the purposes of 815 CMR 2.00, including issuing additional policies, procedures and forms for Department use.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies › Section 2.03 - Subsidy Disbursements

Current through Register 1525, July 5, 2024
(1) In order to make a payment as a Subsidy, a Department must have specific Legislative Authorization that mandates:
(a) a direct, non-discretionary (earmarked) "payment" or "transfer" of a specified amount of State Funds to a specifically named recipient entity; or
(b) directs payments to be made as "Subsidies" or as a "Subsidy program" to a specifically named group of recipients or class of recipients.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies › Section 2.04 - Applying for and Receiving Federal Grant Awards

Current through Register 1525, July 5, 2024
(1)
Applying for Federal Grant Awards
.
(a) As required by M.G.L. c. 29, § 6B, State Departments must provide notice of any application for Federal Grant Awards as prescribed by CTR, in consultation with ANF, to comply with quarterly reporting requirements to the house and senate ways and means committees on ways and means on the status of Federal Grant Awards applied for.
(b) State Departments must provide any relevant information related to the proposed application, as prescribed by CTR, which may include, but is not limited to:
1.The State Department DUNS number under which the Department will be applying for the Federal Grant Award,
2.The Federal Grantor agency to which the Federal Grant Application is being made;
3.a reference to the federal statutory authority under which the Federal Grant Application for the Federal Grant Award is made;
4.a description of the substance of the Federal Grant Award sought;
5.a fiscal Statement of the Federal Grant Award proposed budget;
6.the number of personnel, if any, to be funded from the Federal Grant Award;
7.any matching in-kind or other monies required to be committed, and when these matching in-kind or other monies will need to be available or expended in order to receive the Federal Grant Awards;
8.the Federal Grant Award terms;
9.the anticipated duration of the Federal Grant Award.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies › Section 2.05 - Grant Disbursements

Current through Register 1525, July 5, 2024
Grants must comply with the following conditions:
(1) A State Department that has been awarded a Federal Grant Award should expend the funds within the time allotted in the Federal Grant Award language. Exceptions to spend before or beyond the dates specified within the federal grant award language should be approved and substantiated by the federal grantor of the federal grant award.
(2)
Non-discretionary (earmarked) Grant Funds
. Grants of non-discretionary funds (earmarked) shall be made to the recipients specifically identified in the Grantor Department's Legislative Authorization, trust language or a Federal Grant Award. In order to be considered non-discretionary, the authorization for the Grant award must specifically name the Grantee(s) by name, or designate a formula or disbursement process in which the Grantor Department has no discretion as to the amount or recipient of the Grant. If the Grantor Department has no discretion as to the Grantees, but has discretion as to the amounts that will be awarded to a Grantee based upon an application, eligibility, or need, the Grants will be considered "discretionary" and not earmarked.
(3)
Discretionary Grant Funds
. Grants of discretionary funds shall be disbursed through an open and public competitive process, as prescribed by the comptroller, and in accordance with the State Department's Legislative Authorization, trust language or Federal Grant Award language governing the type of Grant funds being disbursed. This process should include, but is not limited to the following:
(a) A Grant Application or other selection process for each Grant or Grant program that identifies the purpose, scope, and duration of a Grant or Grant program, the terms, conditions and requirements for accepting and using a Grant, the evaluation or eligibility criteria that will be used for Grantee selection, the available amounts of Grants that may be awarded, any documents or other information that a Grantee must provide to be considered eligible for selection for a Grant, or to determine the amounts of a Grant award.
(b) Public posting of the availability of a Grant or Grant Program on the State eProcurement system operated by the Operational Services Division, or as otherwise prescribed by the comptroller.
(c) Notice to all entities responding to the public posting of their selection or non-selection for a Grant, or the amounts of Grant awards;
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies › Section 2.06 - Contractual Requirements for Grants and Grant Payments

Current through Register 1525, July 5, 2024
(1) The identification of a Grantee in a notice or a letter of a Grant award creates no contractual obligation for a department or the State. A Grantor Department can not issue Grant payments until the contractual documents outlined in 815 CMR 2.05(2) or (3) are properly executed and filed in accordance with policies and procedures issued by the Office of the Comptroller.
(2)
Commonwealth Terms and Conditions Contract and Standard Contract Form
. An authorized signatory of a Grantee must execute a Commonwealth Terms and Conditions Contract and a Standard Contract Form issued by the Office of the Comptroller for Grants awarded under 815 CMR 2.00. The Commonwealth Terms and Conditions Contract will be incorporated by reference into any Standard Contract Form executed by the Grantee and any department. The Standard Contract Form and attachments must identify the amount, duration and scope of the Grant, and applicable fiscal or programmatic reporting requirements for documenting Grant expenditures or performance.
(a) Grantees may not be permitted to occupy or use land, buildings, equipment, or facilities of the Commonwealth or use the services of any officer or employee of the Commonwealth during regular business hours unless there is a written agreement approve by ANF between that Grantee that the Commonwealth will be reimbursed for such occupancy or use, subject to waiver upon good and sufficient reasons as recommended by the State Department Grantor, and the waiver is filed with the State Auditor.
(b) Grantees receiving Federal Grant Awards will be required to submit a Form W-9 with a DUNS number, or as otherwise prescribed by the Office of the Comptroller, to comply with Federal reporting requirements.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies › Section 2.07 - Reporting Requirements for Grants and Subsidies

Current through Register 1525, July 5, 2024
(a) Grantees are required to report to the Grantor Department on the use of Grant funds as prescribed in the Standard Contract Form, or as otherwise provided in a Grant Application or Grant terms. If a formula Grant, Subsidy or other disbursement is made to a recipient, that recipient shall be required to provide any information related to the use of the Grant or Subsidy Funds provided by the Department.
(b) State Departments must provide reports and any other information related to a Grantee's use of Federal Grant Awards as prescribed jointly by CTR and ANF to comply with the quarterly reporting requirements to the house and senate ways and means committees on ways and means on the status of federal funds expended. State departments must fulfill applicable federal grant award reporting requirements such as the SEFA reporting and as mandated by the Code of Federal Regulations, including 2 CFR Chapter I, Chapter II, Part 200.327-329, and State finance law; including CTR assigned reports and other applicable federal requirements.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies › Section 2.08 - Records Management

Current through Register 1525, July 5, 2024
(1)
Recipients of Grants and Subsidies
. All recipients of Grants or Subsidies must maintain a Grant or Subsidy file with complete records of expenditures or how the funds were disbursed in accordance with the Grant or Subsidy. Grant files should include any Grant Applications, or other disbursement documents, contractual documents and reporting back to the Grantor. The Grantee shall maintain records, books, files and other data as specified in a Contract and in such detail as shall properly substantiate claims for payment under a Contract, for a minimum retention period of seven years beginning on the first day after the final payment under a Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving a Contract. The Department shall have access, as well as any parties identified under Executive Order 195, during the Grantee's regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense.
(2) State Departments Grant and Subsidy Records shall be maintained in accordance with 815 CMR 10.00: Records Management of Bills, Vouchers and Contracts.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 2.00 - State Grants, Federal Grant Awards, Federal Subgrants And Subsidies › Section 2.09 - Severability

Current through Register 1525, July 5, 2024
If any provision of 815 CMR 2.00 is found to be illegal, unenforceable or void, then departments and Grantees shall be relieved of all obligations under that provision only, and all other provisions shall remain in full force and effect.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 3.00 - Ready Payment System › Section 3.01 - Application, Purpose, Scope and Authority

Current through Register 1525, July 5, 2024
(1)
Application
. 815 CMR 3.00 shall apply to any Department of the State that makes payments under the Ready Payment System through the state accounting system, known as the Massachusetts Management and Accounting and Reporting System (MMARS). The Comptroller may issue additional policies, procedures or guidelines concerning the application of 815 CMR 3.00.
(2)
Purpose
. The purpose of the Ready Payment System is to establish an alternative payment mechanism which enables a Department to make predictable, recurring contract payments for providers of social, educational and rehabilitative services. The Ready Payment System is appropriate for social, educational and rehabilitative service contracts which have a predictable, recurrent and regular service delivery schedule. The purpose of 815 CMR 3.00 is to provide all Departments of the State with uniform rules and procedures to ensure that payments made under the Ready Payment System are authorized and properly accounted for in a timely manner. The Ready Payment System is designed to be used in accordance with other regulations, including, but not limited to, 808 CMR 1.00.
(3)
Scope
. 815 CMR 3.00 applies to any payments made by a Department through the Ready Payment System on MMARS.
(4)
Authority
. 815 CMR 3.00 is adopted under the authority of M.G.L. c. 29, § 23A. 815 CMR 3.00 shall be effective on April 10, 1995, and shall supersede and replace the regulations formerly under the same title.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 3.00 - Ready Payment System › Section 3.03 - Conditions for Using the Ready Payment System for Contract Payments

Current through Register 1525, July 5, 2024
A Contractor and a Department must fulfill the following requirements in order to use the Ready Payment System for Contract payments. Satisfaction of these requirements, during the life of the Contract, shall be determined by the Department contracting for services with the Contractor. These requirements must be met for each Contract to be paid using the Ready Payment System.
(1)
Social, Educational or Rehabilitative Service Provider
. The Contractor must be in the business of providing social, educational or rehabilitative services;
(2)
Contract on file with the Office of the Comptroller.
A Contract for the provision of social, educational or rehabilitative services, must be executed by the Contractor and the contracting Department in accordance with all relevant general and special laws and regulations, and filed with the Office of the Comptroller in accordance with the policies and procedures for filing Contracts as prescribed by that Office. The Contract must include the following mandatory sections:
(a)
Certification of Incorporation or License to do Business
. A certification, or other documentation, evidencing that the Contractor is properly incorporated with the Office of the Secretary of State of the Commonwealth, if the Contractor is a Commonwealth corporation; or, if the Contractor is not a Commonwealth corporation, that the Contractor is properly licensed to do business in the Commonwealth;
(b)
Certification of Compliance with Laws
. A certification that the Contractor will comply with all applicable state and federal general and special laws and regulations governing the Contractor's performance under the Contract and any other provisions specified in the Contract;
(c)
Ready Payment Billing and Payment Schedule
. The Contract must include the following:
1. The Contract must indicate that the Contractor and the Department have agreed, either at the time of entering into the Contract, or by subsequent amendment to the Contract, that Contract payments will be made using the Ready Payment System. Contract services must have a predictable, recurrent and regular delivery schedule that is compatible with the billing and payment cycle of recurring payments offered by the Ready Payment System. The Department shall determine whether or not the Ready Payment System is the most efficient and appropriate payment mechanism for Contract payments;
2. The maximum obligation for each fiscal year of the Contract; and
3. The anticipated payment schedule for Ready Payments (semi-monthly, bi-weekly, weekly or other schedule).
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 3.00 - Ready Payment System › Section 3.04 - Suspension of the Use of the Ready Payment System for Contract Payments

Current through Register 1525, July 5, 2024
The use of the Ready Payment System for Contract payments is conditioned upon the Contractor's provision of services and performance of other requirements in accordance with the terms of the Contract.
(1)
Grounds for Suspension
. A Department may temporarily suspend the use of the Ready Payment System for Contract payments at any time a Contractor breaches a material condition of the Contract or fails to perform or timely fulfill the terms of the Contract. Grounds for suspension shall include, but shall not be limited to, non-compliance with Contract requirements or the failure to perform or timely fulfill requirements of performance, billing, reporting, audit resolution and corrective action, annual Contract renewal and pre-qualification requirements.
(2)
Written Notice of Suspension and the Effective Date of Suspension.
(a) If grounds for suspension exist, as described in 815 CMR 3.04(1), the Department may immediately suspend the use of the Ready Payment System for Contract payments, and then notify the Contractor of the suspension in accordance with 815 CMR 3.04(2)(b). In the alternative, the Department may notify the Contractor of the grounds for suspension, in accordance with 815 CMR 3.04(2)(b), and provide the Contractor with an opportunity to cure these deficiencies prior to the effective date of suspension.
(b) The Department shall notify the Contractor in writing whenever the Department has suspended, or will suspend, the use of the Ready Payment System for Contract payments. The notice must include the grounds for the suspension, as described in 815 CMR 3.04(1), and the effective date of suspension.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 3.00 - Ready Payment System › Section 3.05 - Termination of the Use of the Ready Payment System for Contract Payments

Current through Register 1525, July 5, 2024
The termination of the use of the Ready Payment System for Contract Payments may be invoked in rare and severe circumstances which would normally warrant the Department's termination of the Contract with the Contractor. The Department may terminate the use of the Ready Payment System for Contract payments regardless of whether or not the Department chooses to terminate the Contract.
(1)
Grounds for Termination
. The Department may terminate the use of the Ready Payment System for Contract payments whenever:
(a) the Contractor has demonstrated bad faith in Contract performance or an intentional disregard of the Contractor's duties or responsibilities under a Contract including, but not limited to, fraud, gross negligence, reckless or intentional misconduct, willful misrepresentations or any unlawful act in the performance, billing, reporting or other requirements of the Contract;
(b) the use of the Ready Payment System for Contract payments has been suspended by the Department pursuant to 815 CMR 3.04, and the Contractor has failed or refused to cure Contract deficiencies for a period of 60 calendar days, or such other period of time as specified in the Contract;
(c) the Contractor has been subject to continual or frequent suspensions from the use of the Ready Payment System for Contract deficiencies during the Contract period, pursuant to 815 CMR 3.04, and the Department determines that, due to the Contractor's continuing intentional disregard of its duties or responsibilities under the Contract, the Ready Payment System is no longer an appropriate payment mechanism for Contract payments under the Contract;
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 3.00 - Ready Payment System › Section 3.06 - Disputes

Current through Register 1525, July 5, 2024
All Contract negotiations and disputes between a Department and a Contractor shall be resolved by the Department with assistance, if necessary, from the Department Head or the Department's Secretariat. The Department and the Contractor must make every possible effort to resolve the dispute within 30 days using all appropriate mechanisms, but in no event shall this resolution period extend beyond the 30th day of June in any fiscal year. Any dispute between a Department and a Contractor that involves the application or interpretation of 815 CMR 3.00, the Department Head or Secretary may seek assistance from the General Counsel of the Office of the Comptroller to assist in the resolution of the dispute or to provide a determination as to the application or interpretation of 815 CMR 3.00. A Contractor may not seek direct assistance from the Office of the Comptroller.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 3.00 - Ready Payment System › Section 3.07 - Waivers

Current through Register 1525, July 5, 2024
Departments requesting an exception from any term, condition, rule or regulation as prescribed in 815 CMR 3.00 shall submit a written waiver request to the General Counsel of the Office of the Comptroller. The waiver request shall contain relevant documentation justifying a deviation from applicable policies and procedures, and must be executed by an authorized signatory of the Department. Any determination from the Office of the Comptroller shall be final.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 4.00 - Late Penalty Interest › Section 4.01 - Applications Purpose Scope and Authority

Current through Register 1525, July 5, 2024
(1) The purpose of 815 CMR 4.00 is to provide all departments of the Commonwealth with rules and procedures to govern the payment of interest to commercial vendors when departments do not make payment by the required contractual payment date for goods or services delivered.
(2)
								815 CMR 4.00 applies to goods and/or services delivered and accepted after March 24, 1988.
(3) All vendors of the Commonwealth except; Employees (including "03" employees), recipients of public assistance, cities and towns and other public instrumentalities designated as public agencies on the Commonwealth's vendor file, are eligible for late penalty interest in compliance with 815 CMR 4.00.
(4)
								815 CMR 4.00 et. seq. sets forth the respective responsibilities of the vendors, the departments and the Office of the Comptroller regarding the payment of the Commonwealth's obligations.
(5) It is the responsibility of all departments to establish encumbering and bill-paying procedures consistent with their internal control policies and in compliance with the MMARS Policy and Procedures Manual, as amended, which will result in the timely payment of all properly submitted invoices after the goods and/or services have been received.
(6)
								815 CMR 4.00
et seq
. is adopted under the authority of M.G.L. c. 7A, § 8, c. 29 §§ 20C, 29C.
Code of Massachusetts Regulations › 815 CMR - COMPTROLLER'S DIVISION › Title 815 CMR 4.00 - Late Penalty Interest › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
(1)
Contract
- A
			 legally enforceable agreement between a vendor and a department for the
			 provision of goods and/or services in consideration of compensation to be paid
			 by the Commonwealth, executed in the name of the Commonwealth by a department
			 thereof.
(2)
Department
- Any department, office, board, commission
			 or institution of the Executive, Judicial or Legislative branches including the
			 constitutional offices.
(3)
General Appropriation Bill
- A bill enacted annually
			 by the Legislature to set apart from public revenues a specific amount of money
			 to be used by officers of the Commonwealth's departments for particular
			 purposes to implement and maintain programs the Legislature has established for
			 the state fiscal year.
(4)
Invoice
- A bill submitted by a vendor on a form
			 determined by the contract between the department and the vendor, or if no form
			 is specified, MMARS Form PV, which specifies the goods and/or services
			 delivered and the price.
(5)
MMARS
- The Massachusetts Management Accounting and
			 Reporting System is the acronym for the Automated Financial Management and
			 Accounting System of the Commonwealth of Massachusetts.
(6)
Medical Assistance
			 Provider
- (hereinafter Medicaid Providers) constitutes any
			 agency, person, or group qualified under the laws of the Commonwealth to
			 perform or provide medical care or services eligible for financial assistance
			 from the department for all or part of the cost of eligible medical care and
			 services pursuant to 42 USCA § 1396
et seq
.
(7)
Office of the
			 Comptroller
- A department established pursuant to M.G.L. c. 7A
			 within the Executive Office for Administration and Finance.
(8)
Vendor
- A
			 party, whether an individual, a partnership, a corporation, or other form of
			 business entity, who is registered to do business with the Commonwealth and is
			 listed on the Commonwealth's vendor file with the Office of the Comptroller,
			 but excluding state employees, "03" employees, recipients of public assistance,
			 and cities and town and other instrumentalities designated as governmental
			 jurisdictions on the Commonwealth's vendor file.
(9)
Warrant Date
-
			 The date of the weekly meeting of the Governor's Council, usually a Wednesday
			 but if a holiday falls on a Wednesday, then the Tuesday, during which the
			 Governor's Council approves expenditures under M.G.L. c. 7A, §
			 3.