reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.08 - Notification and Scheduling of Arbitration Hearing

Current through Register 1525, July 5, 2024
(1)
Preliminary Telephone
			 Conference
. The parties, their attorneys or representatives shall
			 hold a preliminary telephone conference at a reasonable date soon after the
			 appointment of the arbitrator, unless the arbitrator determines that a
			 preliminary telephone conference is unnecessary, or unless the parties agree to
			 dispense with the preliminary telephone conference and the arbitrator does not
			 object to such dispensing. The preliminary telephone conference may proceed in
			 the absence of any party or representative who, after due notice, fails to be
			 present or fails to obtain a postponement.
(2)
Place of
			 Hearings
. When scheduling hearings, the arbitrator shall attempt
			 to accommodate the geographic and time-of-day needs of the parties.
(3)
Weekday
			 Presumption
. Evening and weekend hours may be made available for
			 hearings if justified and mutually agreed upon by the parties and the
			 arbitrator.
(4)
Notice
			 of Arbitration Acceptance
. Within seven business days after the
			 acceptance of a request for arbitration form, OCABR shall mail notice thereof
			 to the parties.
(5)
Additional Claims and Amendments
. Additional claims
			 and amendments may not be submitted without leave from the arbitrator. Leave
			 shall not be granted later than ten business days prior to the
			 hearing.
(6)
Notice of
			 Hearing
. The OCABR shall mail notice of the date, time, location
			 of the hearing, and name of the arbitrator to both parties no later than 21
			 business days prior to the hearing, unless both parties agree to an earlier
			 date acceptable to the arbitrator.
(7)
Hearing Date
.
			 The date of the hearing shall be fixed by the arbitrator and shall be within 90
			 business days of the acceptance of the request for arbitration form. The
			 arbitrator may extend the 90 business day hearing period only upon a showing of
			 extraordinary circumstances or upon the written consent of both
			 parties.
(8)
Hearing
			 Confirmation
. The OCABR may call both parties to confirm the
			 hearing date. A call placed within seven business days prior to the hearing
			 shall constitute sufficient notice of the hearing should either party claim
			 non-receipt of the notice provided for in 201 CMR 14.08(6).
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.09 - Disclosure of Information

Current through Register 1525, July 5, 2024
(1)
Document Disclosure and Settlement of Disputes
. Each
			 party shall provide to the other party any documents or information that he or
			 she intends to present at the hearing no later than ten business days before
			 the hearing including copies of all hearing exhibits. The arbitrator shall
			 decide any disputes over the production of information.
(2)
Home Inspections by
			 Registrant
. Upon reasonable request by the registrant, if such
			 request is received no later than seven business days prior to the scheduled
			 date of the hearing, the homeowner shall permit the registrant to inspect his
			 or her residence or property, whichever is the subject of the dispute. The
			 homeowner shall have the right to be present at such inspection. The registrant
			 shall use no tools other than diagnostic tools and shall not make any repairs
			 or adjustments.
(3)
Prohibition Against Discovery
. There shall be no
			 discovery except as provided in 201 CMR 14.09(1) and 14.09(2), unless each
			 party consents or unless discovery is ordered by the arbitrator for the
			 following reasons:
(a) The arbitrator finds
			 that the discovery is likely to be necessary to render a proper arbitration
			 decision; or
(b) The arbitrator
			 finds that the discovery is likely to be necessary for a party to present a
			 material element of the case against the other party.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.10 - Rescheduling Arbitration Hearings

Current through Register 1525, July 5, 2024
(1)
Rescheduling
.
			 Either party may request, in writing, to OCABR for the arbitrator on no more
			 than one occasion, that the arbitrator reschedule the arbitration hearing. Such
			 request must be made prior to the day of the hearing and shall be granted only
			 upon a showing of good cause.
(2)
New Hearing Date
. If a request for rescheduling is
			 granted, the arbitrator shall record the date the request was received, and
			 assign a new hearing date and location if at all possible falling within the
			 original 90 business days period provided for in
			 201 CMR
			 14.08(7). The arbitrator
			 shall notify both parties of the new date as soon as practical and by any means
			 appropriate for the time then remaining before the hearing.
(3)
Good Cause
			 Rescheduling
. The arbitrator may reschedule any hearing for good
			 cause. If at all possible, the new hearing date shall be within the original 90
			 business days period provided for in
			 201 CMR
			 14.08(7).
(4)
Notice of Rescheduled
			 Hearing
. The arbitrator shall notify both parties of the reason
			 for the delay and the new date as soon as is practical.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.11 - Failure to Appear

Current through Register 1525, July 5, 2024
(1)
Failure to Appear Default
. If a party fails to appear
			 at the hearing, the arbitrator may enter a finding by default against that
			 party upon a determination that the appearing party has made a showing of
			 sufficient facts to warrant an award.
(2)
Default
			 Forgiveness
. If the defaulting party, within ten business days
			 after the hearing, demonstrates good cause to the arbitrator for failing to
			 appear, the arbitrator may set aside the default. A new hearing may then be
			 scheduled pursuant to
			 201 CMR 14.10(2)
			  or a written hearing may be used to resolve
			 the dispute pursuant to
			 201
			 CMR 14.07.
(3)
Failure to Appear
			 Arbitration
. An arbitration may proceed in the absence of any
			 party or representative who has received due notice pursuant to
			 201 CMR
			 14.08(6) and (8), but fails
			 to be present or fails to obtain a postponement.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.12 - Withdrawal

Current through Register 1525, July 5, 2024
Arbitration Request Withdrawal
. Either
				party may withdraw his or her request for arbitration at any time prior to the
				hearing by notice to the arbitrator and to the other party. Cases withdrawn at
				any time as a result of a settlement agreement between the parties may be
				refiled if either party fails to honor the settlement terms.
(a)
Withdrawals without
			 Prejudice
. A withdrawal received prior to the day of the hearing
			 shall constitute a withdrawal without prejudice from the arbitration system.
			 Cases must be refiled two months after the first voluntary
			 withdrawal.
(b)
Withdrawals with Prejudice
. A withdrawal received on
			 or after the day of the hearing or as a result of a default without good cause
			 shall be a withdrawal with prejudice and may not be refiled.
(c)
Non Refundable Arbitration
			 Fee
. If either party withdraws his or her request for arbitration
			 at any time, the arbitration fee shall not be refunded.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.14 - Determining Actual Loss

Current through Register 1525, July 5, 2024
The calculation of Actual Loss for determining payments from
				the Guaranty Fund shall be measured by the following methods:
(1)
Calculation When No Work Is
			 Performed
. If the contractor, or subcontractor abandoned the
			 contract without doing any work, the actual loss shall be the amount the
			 homeowner paid to the contractor, or subcontractor under the terms of the
			 contract.
(2)
Calculation When Some of the Work is Performed
. If the
			 contractor, or subcontractor partially and properly completed some of the work
			 which was agreed to under the terms of the contract, the actual loss shall be
			 totalled by adding the amount of the reasonable cost of completing the contract
			 and, if necessary, repairing the contractor's, or subcontractor's defective
			 performance, and by subtracting the part of the contract price that has not
			 been paid by the owner.
(a)
Determination of Grossly Underbid Contracts
. Upon a
			 determination by the arbitrator or OCABR that the contractor, or subcontractor
			 grossly underbid the contract with the result that competent workmanship to
			 finish the contract will cost significantly more than the original contract
			 price, the actual loss will not include the owner's cost to complete the
			 contract.
(b)
Calculation for Grossly Underbid Contracts
. Upon such
			 a determination, the actual loss shall be the amount which the owner paid to
			 the contractor or subcontractor, minus the value of any work properly
			 completed, minus the cost of any materials properly used, plus, if necessary,
			 the cost to correct that portion of the contracted work that was improperly
			 completed.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.15 - The Decision

Current through Register 1525, July 5, 2024
(1)
Decision Deadline
. The arbitrator shall submit an
			 arbitration decision to OCABR no later than 14 business days from the date the
			 hearing is closed, unless the arbitrator requests and is granted a reasonable
			 extension by OCABR upon a showing of good cause. The OCABR shall mail a copy of
			 the decision to both parties.
(2)
Form of Decision
. The arbitrator shall insure that all
			 decisions are in writing, dated and signed. The written decision shall contain
			 a finding of facts, and a clear calculation of the monetary award if any. If
			 the homeowner prevails, the written decision shall include the homeowner's
			 actual loss, if any.
(3)
Payment of Registrant Counterclaims
. If the contractor
			 registrant prevails on a properly filed counterclaim, the arbitrator may
			 require the homeowner to pay the contractor a monetary amount.
(4)
Limitations of Arbitration
			 Award Content
. Any monetary award may include contractual damages,
			 consequential damages, arbitration fees, and punitive damages. No monetary
			 award shall include attorney's fees.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.16 - Disputing the Arbitrator's Decision

Current through Register 1525, July 5, 2024
(1)
Technical
			 Corrections
. "Technical correction" means a non-substantive
			 computational correction, typographical correction or other minor correction.
			 If a party contends that a technical correction is needed with respect to any
			 award issued by an arbitrator, that party shall, within ten business days of
			 the mailing date of the award, request in writing to OCABR that such a
			 correction be made specifying the technical correction requested, and stating
			 briefly the basis for the belief that the requested correction qualifies as a
			 technical correction. Upon receipt of such written request, OCABR may itself
			 make the technical correction or may submit the request to the arbitrator for
			 his or her decision as to whether the requested change constitutes a technical
			 correction. Such request shall not stop the running of the 21 day appeal of
			 award period specified in M.G.L. c. 142A, § 4.
(2)
Appeals
. A
			 dissatisfied party may file an appeal within 21 days after the mailing date of
			 the arbitrator's decision in superior or district court pursuant to M.G.L. c.
			 142A, § 4. The party requesting the appeal must notify OCABR if the appeal
			 is allowed.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.17 - The Award

Current through Register 1525, July 5, 2024
(1)
Award Completion Deadline
. All monetary awards must be
			 paid within 21 business days of the mailing date of the award.
(2)
Legal Status of Findings of
			 Fact
. An arbitrator's findings of fact shall be
prima
			 facie
evidence in any subsequent appeal brought by either party
			 ensuing from the matter considered in arbitration.
(3)
Homeowner Award Confirmation
			 Notice
. A prevailing homeowner shall contact OCABR no sooner than
			 21 business days and no later than 30 business days after the mailing date of
			 the arbitrator's decision to confirm whether the contractor or subcontractor,
			 has complied with the award. If no such notice is received, OCABR shall contact
			 the homeowner promptly. If the contractor or subcontractor has not complied
			 with the award, OCABR may then notify the home improvement contractor, or
			 subcontractor registration authority and the attorney general in order to
			 recommend any appropriate sanction against the contractor, or subcontractor
			 which may be available to assure compliance of the order.
(4)
Extension of Award Compliance
			 Deadline
. For good cause shown, OCABR may extend the due date for
			 compliance with the award for a reasonable period of time. Such extension shall
			 not exceed ten business days from the original due date absent extraordinary
			 circumstances. OCABR shall provide the extended due date and the reason for the
			 extension to the parties in writing.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.18 - Establishment of the Guaranty Fund

Current through Register 1525, July 5, 2024
(1)
Establishment of the Guaranty Fund
. Pursuant to M.G.L.
			 c. 142A, there shall be established a Residential Contractor's Guaranty Fund
			 within OCABR.
(2)
Purpose of Fund
. The purpose of the fund is to
			 compensate eligible owners for actual losses as defined by
			 201 CMR
			 14.14 and M.G.L. c. 142A incurred as a result
			 of a registrant's conduct which has been found by an approved arbitrator or a
			 court of competent jurisdiction to be work which is:
(a) performed in a poor or unworkmanlike
			 manner;
(b) a common law violation
			 or a violation of any statute or regulation designed for the protection of
			 consumers, including but not limited to M.G.L. c. 93A and prohibited acts
			 listed in M.G.L. c. 142A, § 17.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.19 - Contractor Fees to the Guaranty Fund

Current through Register 1525, July 5, 2024
(1)
Registrant Fees
. Every person registered under M.G.L. c.
			 142A as a home improvement contractor, or subcontractor shall pay a fee to the
			 Guaranty Fund with his or her application for registration.
(2)
Fee Amounts
. The
			 amount of the fee shall be determined on a sliding scale based upon the number of
			 persons in the registrant's employ at the time of the application as follows:
Number of Employees
Guaranty Fund Contribution
less than four
$100
four to ten
$200
11 to 30
$300
more than 30
$500
(3)
Fee Refunds
. If the home improvement contractor
			 registration authority denies an application for registration, the registrant's
			 payment to the Guaranty Fund shall be refunded.
(4)
Presumption Against Multiple
			 Fees
. No registrant shall be required to pay the Guaranty Fund fee
			 more than once unless the fund administrator makes a determination that the amount
			 of the fund is insufficient to maintain it at a level commensurate with claims made
			 against it.
(5)
Annual Fee
			 Limitation
. No registrant shall be required to pay the Guaranty Fund
			 fee more than once in any 12 month period.
(6)
Additional
			 Assessments
. If the Fund Administrator determines that the amount of
			 the fund is insufficient to maintain it at a level commensurate with claims made
			 against it, after a public hearing and upon consultation with the Fund Administrator
			 each registrant may be assessed an appropriate fee which shall not exceed the amount
			 of the registrant's original assessment.
(7)
Suspension for
			 Non-payment
. The Fund Administrator shall recommend that the
			 registrant's registration be suspended if he or she fails to pay the required
			 assessment to the Guaranty Fund within 30 days of submittal of registration
			 application or notification of a reassessment, pursuant to
			 201 CMR
			 18.04(2)(a).
(8)
Administrative
			 Penalties
. Administrative penalties assessed for violations of any
			 provisions of M.G.L. c. 142A committed by registrants or unregistered contractors
			 shall be deposited into the Guaranty Fund.
See
201 CMR 18.04(1)
			 and (2).
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.20 - Duties of Fund Administrator

Current through Register 1525, July 5, 2024
(1)
Notice to Contractor
. No less than 30 days prior to
			 the payment of a claim, and again when a claim has been paid, the Fund
			 Administrator shall provide written notice to the contractor, or subcontractor,
			 or their administrator, executor or personal representative, found responsible
			 for the claim that such payment will be, or has been made. The notice shall be
			 sent to the last known address of the contractor, or subcontractor by certified
			 mail, return receipt requested, and shall include information about the
			 contractor's or subcontractor's responsibility to reimburse the fund as well as
			 any sanctions which may be imposed pursuant to M.G.L. c. 142A for non-payment.
			 In the case of a deceased contractor, or subcontractor, notice shall be sent to
			 the contractor, or subcontractor's administrator, executor, or personal
			 representative.
(2)
Fund Reimbursement
. When a payment from the fund is
			 awarded to an owner as a result of a claim against a registered contractor or
			 subcontractor, the Fund Administrator shall, at his or her discretion:
(a) require the contractor or subcontractor
			 to reimburse the fund in full within 30 days of notification that a claim has
			 been paid; or
(b) initiate an
			 agreement with the contractor, or subcontractor allowing said contractor, or
			 subcontractor to reimburse the fund by installment, the frequency and amount of
			 which shall be determined by the Fund Administrator.
(c)201 CMR 14.20 does not pertain to cases
			 where the contractor filed for bankruptcy.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.21 - Payments from the Guaranty Fund

Current through Register 1525, July 5, 2024
(1)
Award Amounts
. The Fund Administrator may award:
(a) to any claimant no more than $10,000 or
			 the amount necessary to compensate the claimant for his or her actual loss,
			 whichever is less; and
(b) no more
			 than $75,000 per 12 month period in aggregate claims which are the result of a
			 single registrant's actions pursuant to M.G.L. c. 142A, unless the registrant
			 has repaid the fund for the full amount required pursuant to M.G.L. c. 142A,
			 § 8; provided, however, that it is within the discretion of the fund
			 administrator to waive the limit of aggregate claims with cause.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.22 - Miscellaneous

Current through Register 1525, July 5, 2024
(1)
OCABR Arbitration Oversight
. The OCABR shall maintain
			 oversight responsibility to promote the fairness and efficiency of the private
			 arbitration services program.
(2)
OCABR Advisory Opinions
. The director of OCABR may
			 from time to time develop internal guidelines for the operation of the private
			 arbitration services program and may issue advisory opinions.
(3)
Waiver
. The
			 director of OCABR may, in his or her sole discretion, waive any of
			 201 CMR 14.00, if such waiver
			 would be in the public interest and would further the purpose or intent of the
			 private arbitration services program or guaranty fund
(4)
Non-preclusion of Additional
			 Remedies
. A claim to the Guaranty Fund shall not limit the
			 availability of other legal or equitable remedies unless the claim made is for
			 the full amount of the value of the work claimed as damages, in which case the
			 registrant, upon repayment to the fund, may use repayment as a defense
via
settlement.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 201 CMR
			 16.00 implements the provisions of M.G.L. c. 93,
			 § 62A relative to the methods of requesting, temporarily lifting and
			 removing security freezes for the benefit of consumers.
			 201 CMR
			 16.00 also establishes standards for expediting the
			 methods of placing, temporarily lifting and removing security freezes,
			 including how certain information in connection therewith should be
			 provided.
(2)
Scope
. The provisions of
			 201 CMR
			 16.00 relating to security freezes applies to all
			 persons subject to M.G.L. c. 93, §§ 50, 55, 56, 58, 62A, 62B, 63 and
			 64.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.03 - Providing Information to Consumers Regarding Security Freezes

Current through Register 1525, July 5, 2024
Each consumer reporting agency shall provide to consumers, by
				posting on its website (including an obvious link to the information on its
				home page), complete easily accessible information, in plain language,
				concerning the steps necessary and documents and information required to place,
				lift and remove a security freeze on a consumer report. Such information shall
				include:
(a) all identifying
			 information that the consumer reporting agency requires from a consumer in
			 order to place, temporarily lift or remove a security freeze on a consumer
			 report, as set forth in M.G.L. c. 93, § 50;
(b) the methods by which a consumer can make
			 a request to the consumer reporting agency to place, temporarily lift or remove
			 a security freeze on a consumer report which include toll free telephone,
			 secure electronic communication, or a written request by certified or overnight
			 mail or regular stamped mail to an electronic or postal address designated by
			 the consumer reporting agency to receive such requests;
(c) a notice that the consumer must place a
			 security freeze with each consumer reporting agency separately; and
(d) information on the procedures to replace
			 a lost personal identification number or password.
In addition, each consumer reporting agency shall provide a
				toll-free number to consumers who are unable to place, temporarily lift or
				remove a security freeze for any reason including, but not limited to, lack of
				access to or failure of any automated electronic means established by that
				consumer reporting agency to effectuate the placing, temporary lifting or
				removal of a security freeze that affords the consumer, during regular business
				hours, Eastern Standard Time, access to a live representative of the consumer
				reporting agency who can supply any additional information reasonably needed by
				the consumer to place, temporarily lift or remove a security
				freeze.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.04 - Placing a Security Freeze

Current through Register 1525, July 5, 2024
Upon receipt of a consumer's request to place a security freeze on
				his or her consumer report made in accordance with the procedures in 201 CMR 16.04,
				a consumer reporting agency shall:
(a)
			 disclose to the consumer the process of placing a security freeze;
(b) place the security freeze on the consumer
			 report as soon as practicable and without unreasonable delay, but under no
			 circumstances any later than three business days after receiving a request from the
			 consumer;
(c) send a written
			 confirmation of the security freeze to the consumer as soon as practicable and
			 without unreasonable delay, but in any event within five business days after
			 receiving the request, together with instructions on the procedures for temporarily
			 lifting or removing a security freeze, and a toll-free number that a consumer may
			 use for any further questions; (d) provide the consumer at the time of the written
			 confirmation with a unique and random personal identification number or a unique and
			 random combination of numbers, letters or symbols, which shall not contain the
			 consumer's Social Security number or any sequence of three or more numbers of the
			 consumer's Social Security number, or other personal identifying information, to be
			 used by the consumer for the purpose of providing authorization for the removal or
			 temporary lifting of the security freeze or for other communications with the
			 consumer reporting agency; and
(e)
			 provide a copy of the notice relevant to security freezes set forth in M.G.L. c. 93,
			 § 56(b).
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.05 - Temporarily Lifting a Security Freeze

Current through Register 1525, July 5, 2024
Upon receipt of a consumer's request to temporarily lift a
				security freeze, the consumer reporting agency shall lift the security freeze
				as soon as practicable and without unreasonable delay, but under no
				circumstances any later than three business days after receiving the request,
				provided that the consumer has properly supplied the following:
(a) the information necessary for proper
			 identification specified in the information given to the consumer pursuant to
			 201
			 CMR 16.04(d); and
(b) the identity of the third-party who is to
			 receive the consumer report or the specified period of time for which the
			 report shall be available to authorized users of the consumer report.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.06 - Removing a Security Freeze

Current through Register 1525, July 5, 2024
Where a consumer reporting agency has received a request from
				the consumer to remove a security freeze it shall remove the security freeze as
				soon as practicable and without unreasonable delay, but in any event within
				three business days of receiving a request, provided that the consumer has
				supplied the information necessary for proper identification specified in the
				information given to the consumer pursuant to
				201
				CMR
				16.04(d).
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.07 - Removal of Security Freeze Due to Material Misrepresentation of Fact

Current through Register 1525, July 5, 2024
If a consumer reporting agency intends to remove a security
				freeze based on a material misrepresentation of fact by a consumer, the
				consumer reporting agency shall notify the consumer in writing at least five
				business days prior to removing the freeze on the consumer report. Notification
				shall not be deemed to have occurred until receipt by the consumer of the
				notice from the consumer reporting agency. The notification to the consumer
				shall state the basis upon which the consumer reporting agency has concluded
				that there was a material misrepresentation of fact; state the action that the
				consumer reporting agency intends to take and the effective date of that
				action; and provide information for contacting the consumer reporting agency,
				including a telephone number, to dispute its findings, pursuant to M.G.L. c.
				93, § 56(b).
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.08 - Changing Official Information

Current through Register 1525, July 5, 2024
Until a security freeze placed on a consumer report is removed,
				a consumer reporting agency shall not change any of the official information in
				a consumer report without sending a written confirmation of the change to the
				consumer as soon as practicable and without unreasonable delay, but under no
				circumstances any later than within 30 days of the change being posted to the
				consumer report. Written confirmation shall not be required for technical
				modifications of information contained in a consumer report, such as name and
				street abbreviations, complete spellings, or corrective transposition of
				numbers or letters. The written confirmation shall:
(a) state the official information that is
			 being changed;
(b) advise the
			 consumer that he or she must contact the consumer reporting agency if the
			 change in the official information is disputed; and
(c) in the case of an address change, the
			 written confirmation shall be sent to both the new address and to the former
			 address.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.09 - Lost Personal Identification Number or Password

Current through Register 1525, July 5, 2024
Upon receipt of notification, conforming to the procedures
				referenced in
				201
				CMR 16.03(e), that a
				resident has lost his or her personal identification number or password, the
				consumer reporting agency shall cancel the lost personal identification number
				or password and, as soon as practicable thereafter and without unreasonable
				delay, but in no event later than three business days after receipt of such
				notification, mail to such resident a new personal identification number or
				password, provided that the resident has supplied the information necessary for
				proper identification given pursuant to
				201CMR
				16.03(a). The new personal
				identification number or password shall not contain the resident's Social
				Security Number or any sequence of three or more numbers of the resident's
				Social Security Number.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 16.00 - Placing, Lifting And Removal Of Security Freezes › Section 16.10 - Fees

Current through Register 1525, July 5, 2024
No consumer reporting agency may charge a fee to any consumer
				who elects to place, temporarily lift or remove a security freeze on a consumer
				report in accordance with M.G.L. c. 93, § 62A, and
				15 U.S.C. §
									1681 c-1 and to the extent permitted by
				federal law. No fee may be charged to a victim of identity theft or his or her
				spouse if a copy of a valid identity theft report relating to the identity
				theft has been submitted to the consumer reporting agency.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 17.00 - Standards For The Protection Of Personal Information Of Residents Of The Commonwealth › Section 17.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 201 CMR 17.00 implements the
			 provisions of M.G.L. c. 93H relative to the standards to be met by persons who
			 own or license personal information about a resident of the Commonwealth of
			 Massachusetts.
			 201 CMR 17.00 establishes
			 minimum standards to be met in connection with the safeguarding of personal
			 information contained in both paper and electronic records. The objectives of
			 201 CMR 17.00 is to insure
			 the security and confidentiality of customer information in a manner fully
			 consistent with industry standards; protect against anticipated threats or
			 hazards to the security or integrity of such information; and protect against
			 unauthorized access to or use of such information that may result in
			 substantial harm or inconvenience to any consumer.
(2)
Scope
.
			 201 CMR 17.00 applies to all
			 persons that own or license personal information about a resident of the
			 Commonwealth.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 17.00 - Standards For The Protection Of Personal Information Of Residents Of The Commonwealth › Section 17.02 - Definitions

Current through Register 1525, July 5, 2024
The following words as used in
				201 CMR 17.00 shall, unless the
				context requires otherwise, have the following meanings:
Breach of Security
, the unauthorized
				acquisition or unauthorized use of unencrypted data or, encrypted electronic data
				and the confidential process or key that is capable of compromising the security,
				confidentiality, or integrity of personal information, maintained by a person or
				agency that creates a substantial risk of identity theft or fraud against a resident
				of the commonwealth. A good faith but unauthorized acquisition of personal
				information by a person or agency, or employee or agent thereof, for the lawful
				purposes of such person or agency, is not a breach of security unless the personal
				information is used in an unauthorized manner or subject to further unauthorized
				disclosure.
Electronic
, relating to technology having
				electrical, digital, magnetic, wireless, optical, electromagnetic or similar
				capabilities.
Encrypted
, the transformation of data into
				a form in which meaning cannot be assigned without the use of a confidential process
				or key.
Owns or Licenses
, receives, stores,
				maintains, processes, or otherwise has access to personal information in connection
				with the provision of goods or services or in connection with employment.
Person
, a natural person, corporation,
				association, partnership or other legal entity, other than an agency, executive
				office, department, board, commission, bureau, division or authority of the
				Commonwealth, or any of its branches, or any political subdivision thereof.
Personal Information
, a Massachusetts
				resident's first name and last name or first initial and last name in combination
				with any one or more of the following data elements that relate to such
				resident:
(a) Social Security number;
(b) driver's license number or state-issued identification card
				number; or
(c) financial account number, or credit or debit card number, with
				or without any required security code, access code, personal identification number
				or password, that would permit access to a resident's financial account; provided,
				however, that "Personal information" shall not include information that is lawfully
				obtained from publicly available information, or from federal, state or local
				government records lawfully made available to the general public.
Record or Records
, any material upon which
				written, drawn, spoken, visual, or electromagnetic information or images are
				recorded or preserved, regardless of physical form or characteristics.
Service Provider
, any person that receives,
				stores, maintains, processes, or otherwise is permitted access to personal
				information through its provision of services directly to a person that is subject
				to
				201 CMR 17.00.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 17.00 - Standards For The Protection Of Personal Information Of Residents Of The Commonwealth › Section 17.03 - Duty to Protect and Standards for Protecting Personal Information

Current through Register 1525, July 5, 2024
(1) Every person
			 that owns or licenses personal information about a resident of the Commonwealth
			 shall develop, implement, and maintain a comprehensive information security
			 program that is written in one or more readily accessible parts and contains
			 administrative, technical, and physical safeguards that are appropriate to:
(a) the size, scope and type of business of
			 the person obligated to safeguard the personal information under such
			 comprehensive information security program;
(b) the amount of resources available to such
			 person;
(c) the amount of stored
			 data; and
(d) the need for security
			 and confidentiality of both consumer and employee information. The safeguards
			 contained in such program must be consistent with the safeguards for protection
			 of personal information and information of a similar character set forth in any
			 state or federal regulations by which the person who owns or licenses such
			 information may be regulated.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 17.00 - Standards For The Protection Of Personal Information Of Residents Of The Commonwealth › Section 17.04 - Computer System Security Requirements

Current through Register 1525, July 5, 2024
Every person that owns or licenses personal information about a
				resident of the Commonwealth and electronically stores or transmits such
				information shall include in its written, comprehensive information security
				program the establishment and maintenance of a security system covering its
				computers, including any wireless system, that, at a minimum, and to the extent
				technically feasible, shall have the following elements:
(1) Secure user authentication protocols
			 including:
(a) control of user IDs and other
			 identifiers;
(b) a reasonably
			 secure method of assigning and selecting passwords, or use of unique identifier
			 technologies, such as biometrics or token devices;
(c) control of data security passwords to
			 ensure that such passwords are kept in a location and/or format that does not
			 compromise the security of the data they protect;
(d) restricting access to active users and
			 active user accounts only; and
(e)
			 blocking access to user identification after multiple unsuccessful attempts to
			 gain access or the limitation placed on access for the particular
			 system;
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 17.00 - Standards For The Protection Of Personal Information Of Residents Of The Commonwealth › Section 17.05 - Compliance Deadline

Current through Register 1525, July 5, 2024
(1) Every
			 person who owns or licenses personal information about a resident of the
			 Commonwealth shall be in full compliance with
			 201 CMR 17.00 on or before
			 March 1, 2010.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 18.00 - REGISTRATION AND ENFORCEMENT OF HOME IMPROVEMENT CONTRACTOR PROGRAM › Section 18.03 - Enforcement Procedures

Current through Register 1525, July 5, 2024
(1)
Notification of Violation
. The Fund Administrator
			 shall notify the director if a registrant fails to repay the fund for any
			 payment made from the fund to an owner because of the conduct of said
			 registrant. In addition, the director, attorney general, district attorney, or
			 local consumer groups as defined in
			 201 CMR
			 18.01(2), shall advise the
			 director of orders resulting from arbitration or court action, or other
			 complaint activity against individual registrants or contractors required to be
			 registered, accompanied by a recommendation for enforcement action against a
			 registrant or contractor required to be registered. Complaint activity shall
			 include, but not necessarily be limited to:
(a) acts prohibited under
			 201 CMR 18.04(5)(c)
			  or M.G.L. c. 142A;
(b) a complaint or complaints of violations
			 causing substantial harm to an owner or owners. Nothing in 201 CMR 18.03(1)
			 shall preclude the director from initiating enforcement action on his or her
			 own initiative.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 18.00 - REGISTRATION AND ENFORCEMENT OF HOME IMPROVEMENT CONTRACTOR PROGRAM › Section 18.04 - Enforcement Actions

Current through Register 1525, July 5, 2024
(1)
Administrative Penalties
. If the director determines
			 that any registrant or contractor required to be registered is liable for a
			 violation of any of the provisions of
			 201 CMR 18.00 or M.G.L. c.
			 142A, the director may institute one or more of the following
			 actions:
(2)
Allowable
			 Actions
.
(a) suspend the
			 registrant's certificate of registration for such period of time as shall be
			 determined by the director;
(b)
			 revoke the registrant's certificate of registration;
(c) send a letter of reprimand to the
			 registrant;
(d) assess an
			 administrative penalty not to exceed $2,000, payable within 30 days of the date
			 of the order of assessment, for each violation of any provisions of
			 201 CMR 18.00 and/or M.G.L.
			 c. 142A committed by the home improvement contractor(s) or subcontractor(s) who
			 are registered or required to be registered under
			 201 CMR 18.00. This penalty
			 shall be deposited to the fund.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.02 - Arbitration Requests

Current through Register 1525, July 5, 2024
(1) To apply
			 for customized wheelchair arbitration, a consumer must submit a "request for
			 arbitration" form, which will be supplied on request by the Office of Consumer
			 Affairs and Business Regulation (OCABR).
(2) To be accepted for customized wheelchair
			 arbitration, the consumer's request for arbitration must:
(a) be submitted on the designated form and
			 received by the OCABR within 18 months of the date the owner took possession of
			 the new customized wheelchair;
(b)
			 state that the consumer believes the customized wheelchair's use, value, or
			 safety is substantially impaired by the nonconformity(s) complained
			 of;
(c) state that the
			 nonconformity(s) complained of is not the result of owner negligence, damage
			 caused by accident (except as a result of the nonconformity(s)), vandalism,
			 attempts to repair the customized wheelchair by a person other than the
			 manufacturer, its agent or authorized dealer, or any attempt to substantially
			 modify the customized wheelchair without the manufacturer's
			 authorization;
(d) state that the
			 consumer either gave the manufacturer, the agent or authorized dealer at least
			 four attempts to correct the same substantial defect, or that the customized
			 wheelchair was out of service for an aggregate of at least 30 days because of a
			 warranty nonconformity within the term of protection;
(e) state that the consumer gave the
			 manufacturer its seven business day final opportunity to cure the
			 nonconformity(s) after the limits set forth in 201 CMR 19.02(2)(d) were met or
			 exceeded;
(f) include a narrative
			 description of the claimed nonconformity(s) and a chronology of the repair
			 attempts; and
(g) be in compliance
			 with all other rules, regulations, procedures and provisions of law.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.03 - Processing of Arbitration Forms

Current through Register 1525, July 5, 2024
(1)
			 Submitted arbitration forms will be date- stamped and assigned a case number
			 upon receipt. A request for arbitration form shall be deemed to be timely filed
			 if it is date-stamped or post marked within 18 months of the date the owner
			 took possession of the new customized wheelchair.
(2) Customized wheelchair request for
			 arbitration forms shall be reviewed for completeness and compliance with 201
			 CMR 19.02.
(a) Incomplete forms shall be
			 returned to the consumer promptly for completion. Such forms when completed
			 must be received by the OCABR within 30 days or within the consumer's period of
			 eligibility for filing the request, whichever is later. The OCABR may reject a
			 request that is not timely returned.
(b) Forms found not in compliance with 201
			 CMR 19.02 will be rejected, with the reason for rejection sent to the
			 consumer.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.04 - Notification and Scheduling of Arbitration Hearings

Current through Register 1525, July 5, 2024
(1) When scheduling hearings, the OCABR shall
			 attempt to accommodate the geographic and time-of-day needs of the
			 parties.
(2) The OCABR shall mail a
			 notice to the consumer and to the respondent-manufacturer (or its designee), or
			 respondent-lessor as the case may be, within seven days of acceptance of a
			 request for arbitration. The notice shall indicate that the consumer's request
			 for arbitration has been accepted and shall also include general information
			 about the arbitration process, a copy of the consumer's request for arbitration
			 and accompanying narrative.
(3) The
			 foregoing notice shall constitute sufficient notice to the manufacturer that it
			 must cure the nonconformity(s) within seven business days, if the consumer had
			 not previously given such opportunity to the manufacturer.
(4) The hearing shall be held within 44 days
			 of the date that the request for arbitration was accepted. The hearing shall be
			 held no earlier than 21 days after the date of the notice of acceptance unless
			 agreed to by both parties. Notice of the date, time, location of the hearing,
			 and name of the arbitrator shall be mailed by the OCABR to both parties no
			 later than ten days prior to the hearing.
(5) No later than seven days prior to the
			 hearing, the arbitrator or OCABR may call both parties to confirm the hearing
			 date. This call shall constitute sufficient notice should either party claim
			 non-receipt of the notice provided for in 201 CMR 19.04(4).
(6) Within ten days of the date of the notice
			 of acceptance of the consumer's request for arbitration, the
			 respondent-manufacturer or respondent-lessor as the case may be, shall mail to
			 the OCABR a specific response to the facts and issues raised in the consumer's
			 request for arbitration form. General denials shall not satisfy the
			 requirements of 201 CMR 19.04(6).
(7) The arbitrator shall notify all parties
			 and OCABR of all procedural rulings and shall seek assistance from OCABR if
			 necessary.