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| Home > Statutes > USA Massachusetts |
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USA Statutes : massachusetts
Title : PART I. ADMINISTRATION OF THE GOVERNMENT
Chapter : TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
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Chapter 12: Section 1. Attorney general; supervision of department; salary; qualifications; term limitation Section 1. There shall be a department of the attorney general, under his supervision and control, organized as provided in this chapter. The attorney general shall receive a salary of $122,500. He shall be a member of the bar of the commonwealth.
Notwithstanding other provisions of this section to the contrary, any attorney general who has served, or but for resignation would have served, two consecutive terms in that office within the preceding eleven years shall receive no compensation. For the purpose of this section, any person serving as attorney general as of January 15, 1995 shall be deemed to be serving his first term in that office.
Chapter 12: Section 10. Violations of court orders; restraint of trade; institution of investigations and appropriate actions Section 10. He shall take cognizance of all violations of law or of orders of courts, tribunals or commissions affecting the general welfare of the people, including combinations, agreements and unlawful practices in restraint of trade or for the suppression of competition, or for the undue enhancement of the price of articles or commodities in common use, and shall institute or cause to be instituted such criminal or civil proceedings before the appropriate state and federal courts, tribunals and commissions as he may deem to be for the public interest, and shall investigate all matters in which he has reason to believe that there have been such violations. Whenever it appears to the attorney general that the commonwealth or any city, town, or other governmental agency, body or authority established under the laws of the commonwealth has been so injured or damaged by any conspiracy, combination or agreement in restraint of trade or commerce or similar unlawful action, as to entitle the commonwealth, a city, town, or other such governmental agency, body or authority to a right to bring any action or proceeding for the recovery of damages under the provisions of any federal anti-trust or other similar law, the attorney general shall have authority to institute and prosecute any such actions or proceedings on behalf of the commonwealth or of any city, town, or other governmental agency, body or authority established under the laws of the commonwealth, and shall have authority to intervene on behalf of the commonwealth or of any city, town or other governmental agency, body or authority in such actions or proceedings. For the purposes of this section, he may appoint necessary assistants, with such compensation as, with the approval of the governor and council, he may fix, and may expend such sums as may be approved by the governor and council. In criminal proceedings hereunder he may require district attorneys to assist him and under his direction to act for him in their respective districts.
Chapter 12: Section 11. Annual report of cases handled Section 11. He shall make an annual report showing the number of cases tried, argued or conducted by him during the preceding fiscal year, with suggestions and recommendations as to the amendment and the proper and economical administration of the laws. He shall include in his annual report a statement of his acts under section nine, with suggestions and recommendations relative thereto. He may, with the approval of the governor and council, prepare and publish such reports of capital trials as he deems expedient for public use. One copy shall be sent to each public and law library in the commonwealth, and the balance may be sold, or otherwise disposed of, at the discretion of the state secretary.
Chapter 12: Section 11A. Division of civil rights and liberties Section 11A. There shall be in the department of the attorney general a division of civil rights and liberties. The attorney general shall designate an assistant attorney general as director of said division. Said director may appoint and remove, subject to the approval of the attorney general, such expert, clerical and other assistants as the work of the division may require.
Chapter 12: Section 11B. Board of commissioners on uniform state laws; obscene literature commission Section 11B. The board of commissioners on uniform state laws and the obscene literature commission are hereby declared to be within the department of the attorney general; provided, that nothing herein shall be construed as diminishing the powers and duties conferred and imposed upon the foregoing agencies by any provision of law.
Chapter 12: Section 11C. Narcotic and harmful drugs; training program for law enforcement officers Section 11C. The attorney general shall establish a program designed to train law enforcement officials, including municipal, metropolitan and state police, in practices and procedures relating to the narcotic and harmful drug laws of the commonwealth. The program shall include, but shall not limited to, the dissemination of information concerning:(1) the laws of the commonwealth relating to the possession, sale, and manufacture of narcotic and harmful drugs;(2) the methods and procedures for detecting and ascertaining the identity of the various narcotic and harmful drugs;(3) law enforcement techniques, intelligence operations, and methods of promoting cooperation among the municipal, metropolitan, and state police departments;(4) search and seizure techniques in accordance with the Constitution of the United States and with the Constitution and laws of the commonwealth;(5) the physiological and psychological effects of the various narcotic and harmful drugs;(6) the underlying psychological and sociological causes of drug use and drug abuse;(7) opportunities for treatment and rehabilitation of drug dependent persons; and(8) educational programs relating to drugs sponsored by the department of education, other public agencies, and private organizations.
The attorney general may appoint such expert, clerical and other staff members as the operation of the training program may require.
Chapter 12: Section 11D. Division of environmental protection Section 11D. There shall be in the department of the attorney general a division of environmental protection. The attorney general shall designate an assistant attorney general as director of said division. Said director may appoint and remove, subject to the approval of the attorney general, such expert, clerical or other assistants as the work of the division may require.
The attorney general shall have the authority to prevent or remedy damage to the environment caused by any person, body corporate or politic or any agency, department, board, commission, division or authority of the commonwealth or any political subdivision thereof at the request of an appropriate agency or on his own initiative, by commencing or intervening in a proceeding before an appropriate agency, department, board, commission, division or authority, whether state or federal, and before any political subdivision of the commonwealth, or by commencing or intervening in any suit or action, civil or criminal, to enforce any statute, ordinance, by-law or regulation or to secure any common law right or remedy including, but not limited to, the abatement of public nuisances, provided, however, it shall be a defense to any action taken pursuant to this section that any such person is subject to, and in compliance in good faith with, a judicially enforceable administrative pollution abatement schedule or implementation plan the purpose of which is alleviation of damage to the environment.
Each agency, board, commission, division and authority of the commonwealth shall give written notice to the attorney general of all adjudicatory proceedings or public hearings in which damage to the environment is or may be at issue; provided, however, that failure to give such notice shall not invalidate such proceeding or public hearing.
As used in this section, “damage to the environment” shall mean any destruction, damage or impairment, actual or probable, to any of the natural resources in the commonwealth and shall include, but shall not be limited to, air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, or the impairment or eutrophication of rivers, streams, flood plains, lakes, ponds or other surface or subsurface water resources, destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks or historic districts or sites. Damage to the environment shall not include any insignificant destruction, damage or impairment to such natural resources.
The attorney general shall receive and maintain appropriate records of complaints from interested persons relating to damage to the environment, and upon the receipt thereof shall refer the same to an appropriate agency or subdivision of the commonwealth for such further corrective action as may be necessary to prevent or remedy damage to the environment.
The attorney general may investigate the administration of environmental statutes, ordinances or regulations by an agency, department, board, commission, division or authority of the commonwealth or of any political subdivision thereof and may make such recommendations as are appropriate to the governor and to the general court.
Nothing in this section shall be interpreted to derogate from any existing common law or statutory right or remedy against damage to the environment.
In any action at law or suit in equity brought by the attorney general in any court of the commonwealth involving alleged damage to the environment, whether or not a temporary restraining order or preliminary injunction is sought or granted, after a representation by the attorney general by affidavit that delay in the trial on the merits would prevent the attainment of a full and complete remedy to the alleged damage to the environment, the court, upon finding that the facts alleged in said affidavit are true, shall place said action or suit on the advanced section of the trial list in said court with such order of priority over other cases on said advanced section as the court shall deem appropriate.
Chapter 12: Section 11E. Public utilities; intervention in legal proceedings on behalf of consumers; expenditure of funds Section 11E. The attorney general is hereby authorized to intervene in administrative or judicial proceedings held in the commonwealth on behalf of any group of consumers in connection with any matter involving the rates, charges, prices or tariffs of an electric, gas, telephone or telegraph company doing business in the commonwealth and subject to the jurisdiction of the department of telecommunications and energy.
For the purpose of such intervention the attorney general may expend such funds as may be appropriated therefor; provided, however, that such expenditures shall not exceed annually the amount assessed against such electric, gas, telephone and telegraph company under the provisions of section nine A of chapter six A.
The attorney general shall have no authority to expend any of such funds whenever the expenditure thereof shall conflict with the duties imposed upon him under the provisions of section three of this chapter.
Chapter 12: Section 11F. Insurance companies; intervention in legal proceedings on behalf of consumers; expenditure of funds Section 11F. The attorney general is hereby authorized to intervene in administrative or judicial proceedings held in the commonwealth on behalf of any group of consumers in connection with any matter involving the rates, charges, premiums and prices charged by any insurance company doing business in the commonwealth and subject to the division of insurance within the department of banking and insurance.
For the purpose of such intervention the attorney general may expend such funds as may be appropriated therefor; provided, however, that such expenditures shall not exceed annually one hundred and fifty percent of the amount assessed against insurance companies under the provisions of section eight F of chapter twenty-six.
The attorney general shall have no authority to expend any of such funds wherever the expenditure thereof shall conflict with the duties imposed upon him under the provisions of section three.
Chapter 12: Section 11G. Local consumer aid fund; eligibility for assistance Section 11G. There shall be established within the department of the attorney general a local consumer aid fund, which may receive and expend monies as may be appropriated to said fund by the general court, as well as additional monies which may be made available from sources other than the General Fund. The purpose of said fund shall be to provide financial assistance to eligible, local or regional agencies which deal with the resolution of consumer problems. The attorney general shall determine the standards for eligibility in order for such agencies to receive financial assistance. No more than ten per cent of said fund may be expended for administrative purposes.
Chapter 12: Section 11H. Violations of constitutional rights; civil actions by attorney general; venue Section 11H. Whenever any person or persons, whether or not acting under color of law, interfere by threats, intimidation or coercion, or attempt to interfere by threats, intimidation or coercion, with the exercise or enjoyment by any other person or persons of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, the attorney general may bring a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the right or rights secured. Said civil action shall be brought in the name of the commonwealth and shall be instituted either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the person whose conduct complained of resides or has his principal place of business.
Chapter 12: Section 11I. Violations of constitutional rights; civil actions by aggrieved persons; costs and fees Section 11I. Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, has been interfered with, or attempted to be interfered with, as described in section 11H, may institute and prosecute in his own name and on his own behalf a civil action for injunctive and other appropriate equitable relief as provided for in said section, including the award of compensatory money damages. Any aggrieved person or persons who prevail in an action authorized by this section shall be entitled to an award of the costs of the litigation and reasonable attorneys’ fees in an amount to be fixed by the court.
Chapter 12: Section 11J. Violations of constitutional rights; temporary restraining orders and injunctions; violations; punishment; vacation of order Section 11J. In actions brought pursuant to section eleven H or eleven I, whenever the court issues a temporary restraining order or a preliminary or permanent injunction, ordering a defendant to refrain from certain conduct or activities, the order issued shall contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
After any such order has been served upon the defendant, any violation of such order shall be punishable by a fine of not more than five thousand dollars or by imprisonment for not more than two and one-half years in a house of correction, or both such fine and imprisonment; provided, however, that if bodily injury results from such violation, the violation shall be punishable by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years, or both.
The clerk shall transmit two certified copies of each such order issued under section eleven H or eleven I to each appropriate law enforcement agency having jurisdiction over locations where such defendant is alleged to have committed the act giving rise to the action, and such law enforcement agency shall serve one copy of the order upon such defendant. Unless otherwise ordered by the court, service shall be by delivering a copy in hand to the defendant. Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of the order are informed of the existence and terms of such order. Whenever any law enforcement officer has probable cause to believe that such defendant has violated the provisions of this section, such officer shall have the authority to arrest said defendant.
Following the final disposition of a criminal contempt proceeding initiated by the attorney general for violation of an order issued in an action brought by the attorney general under section eleven H, the commonwealth shall move to dismiss any charges brought under this section against such defendant for such violation of the order.
Whenever the court vacates a temporary restraining order or a preliminary or permanent injunction issued under section eleven H or eleven I, the clerk shall promptly notify in writing each appropriate law enforcement agency which had been notified of the issuance of the order and shall direct each such agency to destroy all record of such vacated order, and such agency shall comply with such directive.
Chapter 12: Section 11K. Division of victim compensation and assistance Section 11K. Subject to appropriation, there shall be established within the department of the attorney general a division of victim compensation and assistance to administer the provisions of chapter two hundred and fifty-eight C. The attorney general shall designate a program director of said division. Said program director may appoint and remove, subject to the approval of the attorney general, such investigative, legal, clerical and other assistants as the work of the division may require. The program director shall have the authority to promulgate rules and regulations pursuant to chapter thirty A as may be necessary to carry out the provisions of said chapter two hundred and fifty-eight C.
Chapter 12: Section 11L. Unlicensed mental health and unlicensed health professionals; sexual contact with patients or clients; temporary restraining order, injunction; violation; penalty Section 11L. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:—“Former patient”, any person who obtained a professional consultation, diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional within one year prior to sexual contact with the unlicensed health professional or unlicensed mental health professional.
“Health services”, shall include the rendering or offering to render services for the purpose of treating or diagnosing physical disorders or distress.
“Mental health services”, shall include the rendering or offering to render services for the purpose of treating, diagnosing or assessing mental or emotional disorders or distress, modifying behaviors, or alleviating problems pertaining to interpersonal relationships, work and life adjustment, and personal effectiveness which are caused by mental or emotional disorders or distress.
“Patient”, any person who obtains a professional consultation, diagnostic, or therapeutic service from an unlicensed health professional or unlicensed mental health professional.
“Sexual contact”, shall include the following, whether or not occurring with the consent of a patient or former patient:(1) sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, into the genital or anal openings of the patient’s or former patient’s body by any object used by the unlicensed health professional or unlicensed mental health professional for that purpose, or any intrusion, however slight, into the genital or anal openings of the body of the unlicensed health professional or unlicensed mental health professional by any part of the patient’s or former patient’s body or by any object used by the patient or former patient for that purpose, if consented to by the unlicensed health professional or unlicensed mental health professional;(2) sustained kissing of the mouth or kissing or intentional touching by the unlicensed health professional or unlicensed mental health professional of the patient’s or former patient’s genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts; or sustained kissing of the mouth or kissing or intentional touching by the patient or former patient of the unlicensed mental health professional’s or unlicensed health professional’s genital area, groin, inner thigh, buttocks or breast or the clothing covering any of these body parts if the unlicensed mental health professional or unlicensed health professional consents to the kissing or intentional touching. The term sexual contact, shall not include conduct described in the definition of sexual contact that is in accordance with practices generally recognized as legitimate by the health or mental health professions, casual social contact not intended to be sexual in character, or inadvertent or unintentional touching.
“Unlicensed health professional”, a person who is not licensed or registered to provide health services by a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing health services or whose license or registration to provide health services has been returned or revoked by such board.
“Unlicensed mental health professional”, a person who is not licensed or registered to provide mental health services by a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing mental health services or whose license or registration to provide mental health services has been returned or revoked by such board.
(b) Whenever the attorney general has probable cause to believe that an unlicensed mental health professional or unlicensed health professional is having or has had sexual contact with one or more patients or clients while such health professional or mental health professional was licensed or unlicensed, or former patients or clients, and that said unlicensed health professional or unlicensed mental health professional poses a threat to the health, safety, or welfare of members of the public who are or may be patients or clients of the unlicensed health or unlicensed mental health professional, the attorney general may bring an action in the name of the commonwealth against said unlicensed health professional or unlicensed mental health professional to restrain by temporary restraining order or preliminary or permanent injunction said unlicensed health professional or unlicensed mental health professional from providing, offering to provide, or representing himself as being able to provide health services or mental health services.
At least five days prior to the commencement of any action brought under this section, except when a temporary restraining order is sought, the attorney general shall notify the unlicensed health professional or unlicensed mental health professional of his intended action, and give said unlicensed health professional or unlicensed mental health professional an opportunity to confer with the attorney general or his representative in person or by counsel or other representative as to the proposed action.
Such notice shall be given by mail, postage prepaid, to his usual place of business, or if he has no usual place of business, to his last known address.
(c) The action may be brought either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the unlicensed health professional or unlicensed mental health professional resides or has his principal place of business.
Said court may issue temporary restraining orders or preliminary or permanent injunctions and make such other orders or judgments as it may deem appropriate.
(d) No injunction shall be issued pursuant to this section unless the court finds that the defendant has had an opportunity for an evidentiary hearing as to all contested material issues of fact. Issues decided in a prior evidentiary hearing in a court or in an administrative proceeding may be applied to a proceeding pursuant to this section in compliance with the Massachusetts Civil Rules of Procedure.
The court issuing an injunction against an unlicensed health professional or unlicensed mental health professional pursuant to this section shall retain jurisdiction, and the cause shall be continued. Any unlicensed health professional or unlicensed mental health professional who is restrained as a result of an action brought pursuant to this section may petition the court for a modification or termination of the injunction, upon ten days notice to the attorney general.
(e) Any district attorney or other law enforcement office receiving notice of any alleged violation of this section or violation of an injunction or order issued in an action brought under this section shall immediately forward written notice of the same together with any information that he may have to the office of the attorney general.
(f) In an action brought pursuant to this section, whenever the court issues a temporary restraining order or a preliminary or permanent injunction, ordering a defendant to refrain from certain conduct or activities, the order issued shall contain the following statement:VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
The clerk shall transmit two certified copies of each such order issued under this section to each appropriate law enforcement agency having jurisdiction over locations where such defendant is alleged to have committed the act giving rise to the action, and such law enforcement agency shall serve one copy of the order upon the defendant. Unless otherwise ordered by the court, service shall be by delivering a copy in hand to the defendant.
After any such order has been served upon the defendant, any violation of such order shall be punishable by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two and one-half years in a house of correction, or both such fine and imprisonment.
Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of the order are informed of the existence and terms of such order. Whenever any law enforcement officer has probable cause to believe that such defendant has violated the provisions of this section, such officer shall have the authority to arrest said defendant.
Whenever the court vacates a temporary restraining order or a preliminary or permanent injunction issued under this section, the clerk shall promptly notify in writing each appropriate law enforcement agency which has been notified of the issuance of the order and shall direct each such agency to destroy all record of such vacated order, and such agency shall comply with such directive.
(g) Nothing contained herein shall prohibit the attorney general in his discretion from beginning an action for civil contempt rather than seeking criminal charges for an alleged violation of an order issued under this section. A court making a finding that an unlicensed health professional or unlicensed mental health professional is in civil contempt by reason of an alleged violation of an injunction or the order entered under this section shall assess a civil penalty of not more than ten thousand dollars for each such violation found.
Chapter 12: Section 12. District attorneys; qualifications; election; term; appearances Section 12. There shall be a district attorney for each district set forth in the following section, who shall be a resident therein and a member of the bar of the commonwealth and shall be elected as provided by section one hundred and fifty-four of chapter fifty-four. He shall serve for four years beginning with the first Wednesday of January after his election and until his successor is qualified.
The district attorney shall appear for a county constituting such district in all civil actions in which such county is a party under the provisions of chapter two hundred and fifty-eight.
Chapter 12: Section 13. Districts for administration of criminal law or defense of civil actions Section 13. For the administration of the criminal law, or for the defense of civil actions brought pursuant to chapter two hundred and fifty-eight, Suffolk county shall constitute the Suffolk district; Middlesex county, the northern district; Essex county, the eastern district; Norfolk county, the Norfolk district; Plymouth county, the Plymouth district; Bristol county, the Bristol district; Barnstable, Nantucket and Dukes counties, the Cape and Islands district; Worcester county, excluding the town of Athol, the middle district; Berkshire county, the Berkshire district; Hampden county, the Hampden district; and Franklin county, including the town of Athol, and Hampshire county, the northwestern district.
Chapter 12: Section 14. Repealed, 1987, 723, Sec. 1 Chapter 12: Section 15. Practice of law prohibited; salary Section 15. District attorneys shall devote their full time during ordinary business hours to their duties, shall neither directly nor indirectly engage in the practice of law, and shall receive from the commonwealth a salary of $117,499 annually.
Chapter 12: Section 16. Salaries of assistant district attorneys Section 16. Each district attorney shall, subject to appropriation and subject to the conditions of this section, appoint and may, at his pleasure, remove such assistant district attorneys as are necessary to the functioning of the office of the district attorney. Assistant district attorneys shall receive from the commonwealth salaries as recommended by the district attorney appointing them, subject to appropriation and subject to the conditions of this section. No assistant district attorney shall be appointed and no such salary shall be paid unless and until such position and such salary (a) shall have been recommenced in writing by the district attorney making the appointment and (b) shall have been included in a schedule of offices and positions approved by the house and senate committees on ways and means. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one, and chapter one hundred and fifty E shall not apply to said assistant district attorneys. Assistant district attorneys shall devote their full time during ordinary business hours to their duties, and shall neither directly nor indirectly engage in the practice of law.
Chapter 12: Section 17. Repealed, 1923, 398, Sec. 3 Chapter 12: Section 18. Appointment of an assistant to district attorney; compensation Section 18. If there is no assistant district attorney, the district attorney may employ a clerk to aid him; and in the northern, eastern, middle, Norfolk, Plymouth, Berkshire, Hampden and northwestern districts, the district attorney may appoint, for the sitting at which the appointment is made, a competent person to act as an assistant to the district attorney. The compensation of any person employed or appointed hereunder shall be paid by the commonwealth.
Chapter 12: Section 19. Suffolk district; appointment of messengers and other employees Section 19. The district attorney for the Suffolk district may appoint a messenger and such stenographers, telephone operators and other office assistants as in his opinion the interests of the commonwealth require. The compensation of any person appointed hereunder shall be paid by the commonwealth, and any such person may be removed by said district attorney at his pleasure.
Chapter 12: Section 2. Assistants and employees; appointment; duties; compensation; tenure; vacancies Section 2. The attorney general shall appoint a first assistant attorney general and may appoint such other assistants and employees as the duties of the department require. The attorney general shall establish the salaries, duties and personnel regulations of all officers and employees within the department of the attorney general; provided, however, that the salaries of said officers and employees shall not exceed the sum annually appropriated therefor by the general court. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one and chapter one hundred and fifty E shall not apply to officers and employees within the department of the attorney general. Persons appointed as assistant attorneys general shall, in the event of a vacancy in the office of attorney general, continue in the office until an attorney general is duly qualified.
Chapter 12: Section 20. Additional legal assistants; tenure; compensation; powers Section 20. The district attorneys may each employ additional legal assistants. The length of time of such employment shall in no instance exceed six months. The amount of compensation shall be determined by the district attorney providing that for legal assistants who devote their entire time to the duties of legal assistants and do not, either directly or indirectly, engage in the private practice of law said compensation shall in no instance exceed ten thousand dollars and for part-time legal assistants shall in no instance exceed five thousand dollars. Such compensation shall be paid, subject to appropriation, by the commonwealth upon presentation of bills approved by the district attorney. In matters connected with the work for which he is so employed a legal assistant shall have all the powers and authority of an assistant district attorney.
Chapter 12: Section 20A. Suffolk and Northern districts; special assistant district attorney, appointment and removal; duties; power; salary Section 20A. The district attorney for the Suffolk district and the district attorney for the northern district may each appoint an attorney at law as a special assistant district attorney, whose duties shall be the listing and assignment of cases, under the supervision of the district attorney, and may remove him at pleasure. Such special assistants shall have all powers of an assistant district attorney, and shall receive from the commonwealth a salary not exceeding twenty-one thousand seven hundred and eighty dollars.
Chapter 12: Section 20B. Repealed, 1975, 835, Sec. 3 Chapter 12: Section 20C. Special assistant district attorneys; appointment, removal and salary; participation in federal demonstration programs Section 20C. The district attorneys may each appoint and may remove at pleasure such additional attorneys-at-law as special assistant district attorneys as may be necessary to participate in federally funded demonstration programs under the Omnibus Crime Control and Safe Streets Act of 1968 or other federal acts; provided that the compensation of such special assistant district attorneys shall be paid from federal funds. Such special assistant district attorneys shall have all the powers of assistant district attorneys and shall receive such salary not exceeding that provided in section sixteen for assistant district attorneys in their respective districts as the district attorney may determine.
Chapter 12: Section 20D. District Attorneys Association; executive director Section 20D. The district attorneys may appoint a suitable person to serve as executive director to the Massachusetts District Attorneys Association for the purpose of promoting prosecutorial resources and improving prosecutorial functions through the coordination and standardization of services and programs, together with providing information, technical assistance and educational services to ensure standardization in organization, goals, operations and procedures. The executive director may expend such funds as are appropriated therefor, together with additional funds from federal grants and other contributions that may be made available for these purposes, and may hire such professional assistants as shall be authorized. The executive director shall devote his time during ordinary business hours to his duties and shall neither directly nor indirectly engage in the practice of law.
Chapter 12: Section 21. Suffolk district; police and detective service Section 21. The superintendent of police of Boston shall, upon the written request of the district attorney for the Suffolk district, detail for police and detective service under his direction inspectors or police officers, not exceeding two in number. Such inspectors or officers shall receive no extra compensation for services thus rendered, and shall be subject to the rules and regulations of the police department, unless relieved therefrom temporarily by said superintendent or by the police commissioner of Boston.
Chapter 12: Section 22. Clerical and stenographic workers Section 22. The district attorney for the Northern, Norfolk and Plymouth districts may employ persons for clerical or stenographic work and may remove them at his pleasure. Their compensation shall be paid by the commonwealth.
Chapter 12: Section 23. Payment for traveling expenses; exceptions Section 23. Except as otherwise provided in section twenty-four of this chapter and in section fifteen of chapter two hundred and seventy-six, district attorneys and assistant district attorneys shall receive for traveling expenses necessarily incurred in the performance of their official duties such sums as shall be approved by the district attorney, to be paid by the commonwealth. In each district the traveling and contingent expenses incurred by the district attorney, or his designee, while attending conventions that have been convened for the purpose of considering questions of law reform or statistics and other legal matters affecting the welfare of the people, and the membership dues of the district attorney, or his designee, in the National District Attorney Association, shall, subject to appropriation, be paid by the commonwealth, upon receipt of a certificate from the district attorney that they were necessarily incurred under the provisions of this section, and upon the approval of the district attorney.
Chapter 12: Section 24. Expenses payable by commonwealth Section 24. A district attorney, in the name of the commonwealth, may contract such bills for stationery, experts, travel outside of the commonwealth by witnesses required by the commonwealth in the prosecution of cases, for necessary expenses incurred by himself or by officers and others under his direction in going outside of the commonwealth for the purpose of searching for or bringing back for trial persons under indictment or against whom complaints are pending in his district, and for such other expenses as may in his opinion be necessary for the proper conduct of his office in the investigation of or preparation and trial of criminal cases; and all such bills shall be paid by the commonwealth upon a certificate by the district attorney that they were necessarily incurred in the proper performance of his duty.
Chapter 12: Section 25. Advanced expenses; conditions; vouchers Section 25. Money to be used for the necessary expenses to be incurred by officers, under the direction of a district attorney, in going outside of the commonwealth for the purpose of searching for, or bringing back for trial, persons under indictment in any county in the district of said district attorney shall be advanced by the treasurer of the commonwealth, upon the presentation of a certificate signed by the district attorney and approved in the manner provided in the preceding section for approving bills incurred by district attorneys. After their return, such officers shall account for such money by filing with the treasurer itemized vouchers duly sworn to, approved by the district attorney and also approved in the manner provided in the preceding section for approving bills incurred by district attorneys. Such vouchers shall show the necessary expenses so incurred, and the difference between the amount advanced as aforesaid and the amount of the vouchers so approved shall be paid to the treasurer within thirty days after such return.
Chapter 12: Section 25A. Advance of expenses necessary in performance of duties; limitation; accounting; unexpended balance Section 25A. Money to be used for necessary expenses to be incurred in the performance of the duties of a district attorney in relation to any investigation or proceeding in any county in his district, to an amount not exceeding twenty-four thousand dollars in any one year, shall be advanced to him by the treasurer of the commonwealth, or placed to his credit for advance under his direction to persons designated by him, upon the presentation of a certificate signed by him certifying that such amount is necessary for use as aforesaid. Every sum so advanced shall be accounted for by the said district attorney within two months after such advance and said accounts shall be approved in the manner provided in section twenty-four for approving bills incurred by district attorneys; provided, that all sums so advanced by the treasurer during any financial year shall be accounted for, and any unexpended balances thereof be repaid to said treasurer, prior to January tenth next following the close of said financial year.
Chapter 12: Section 26. Court appointment of substitute in absence of attorney general and district attorney Section 26. The supreme judicial or superior court may at any sitting, in the absence of the attorney general and district attorney, appoint some suitable person to perform their duties.
Chapter 12: Section 27. District attorneys; duties; control of attorney general Section 27. District attorneys within their respective districts shall appear for the commonwealth in the superior court in all cases, criminal or civil, in which the commonwealth is a party or interested, and in the hearing, in the supreme judicial court, of all questions of law arising in the cases of which they respectively have charge, shall aid the attorney general in the duties required of him, and perform such of his duties as are not required of him personally; but the attorney general, when present, shall have the control of such cases. They may interchange official duties.
Chapter 12: Section 28. Suits on recognizances; discontinuance Section 28. District attorneys shall commence suits upon recognizances in criminal cases within their respective districts within sixty days after default has been entered of record, or after they have satisfactory evidence of an act which would cause a forfeiture thereof, and shall prosecute them without delay. Such suits shall not be discontinued except with consent of the court or upon a certificate, signed by the sheriff or his deputy and filed in court, that the amount of the recognizance and the costs of suit have been paid to him. They may, however, be begun after the expiration of said sixty days.
Chapter 12: Section 29. Accounting for fees, bills of costs and money received Section 29. The attorney general and the district attorneys shall account to the state treasurer for all fees, bills of costs and money received by them by virtue of their offices.
Chapter 12: Section 2A. Attorney general; disability; filling vacancies Section 2A. If the attorney general is disabled from performing his official duties, the first assistant attorney general shall perform the same during such disability. If the attorney general is disabled from performing his official duties and the first assistant attorney general is also disabled, the governor shall appoint one of the other assistant attorneys general to perform the official duties of the attorney general during the disability of the attorney general and the first assistant attorney general. In the event of a vacancy in the office of attorney general, the first assistant attorney general shall be continued in office and shall perform all statutory duties of the attorney general until an attorney general is duly qualified. In the event that the first assistant attorney general is disabled or is unable to fill the vacancy in the office of attorney general, the governor shall appoint one of the other assistant attorneys general to perform the statutory duties of the office during the disability of the first assistant attorney general or until an attorney general is duly qualified. The person upon whom such duties shall devolve shall notwithstanding anything to the contrary herein contained possess the powers and perform the duties of the attorney general only in matters not admitting of delay, but shall have no power to make appointments.
Chapter 12: Section 2B. Annual personnel report Section 2B. The attorney general shall file an annual report not later than the first Wednesday in February with the senate and house committees on ways and means containing the job classification, duties and salary of each officer and employee within the department and all personnel regulations established pursuant to section two. The attorney general shall file amendments to such report with the senate and house committees on ways and means whenever any changes become effective.
Chapter 12: Section 3. Appearances for commonwealth, prosecution or defense; rendering of legal services Section 3. The attorney general shall appear for the commonwealth and for state departments, officers and commissions in all suits and other civil proceedings in which the commonwealth is a party or interested, or in which the official acts and doings of said departments, officers and commissions are called in question, in all the courts of the commonwealth, except upon criminal recognizances and bail bonds, and in such suits and proceedings before any other tribunal, including the prosecution of claims of the commonwealth against the United States, when requested by the governor or by the general court or either branch thereof. All such suits and proceedings shall be prosecuted or defended by him or under his direction. Writs, summonses or other processes served upon such officers shall be forthwith transmitted by them to him. All legal services required by such departments, officers, commissions and commissioners of pilots for district one in matters relating to their official duties shall, except as otherwise provided, be rendered by the attorney general or under his direction.
Chapter 12: Section 30. Fees for services in performance of duty; appearance in civil action Section 30. No prosecuting officer shall receive any fee or reward from or in behalf of a prosecutor for services in any prosecution or business to which it is his official duty to attend, nor shall he be concerned as counsel or attorney for either party in a civil action depending upon the same facts involved in such prosecution or business.
Chapter 12: Section 31. Repealed, 1975, 10, Sec. 4 Chapter 12: Section 32. Community based juvenile justice programs; district attorneys Section 32. (a) The district attorneys in the Suffolk, Middlesex, Essex, Worcester, Hampden, Hampshire/Franklin, Norfolk, Plymouth, Bristol, Cape and Islands and Berkshire counties shall operate community based juvenile justice programs in order to coordinate efforts of the criminal justice system in addressing juvenile justice through cooperation with the schools and local law enforcement representatives, probation and court representatives and, where appropriate, the department of social services, department of youth services and department of mental health.
(b) A district attorney’s community based juvenile justice program shall identify cases in which juvenile offenders are among those most likely to pose a threat to their community. The program shall treat the identified cases as priority prosecution cases and impose individualized sanctions designed to deter the offender from further criminal or delinquent conduct. The office of the district attorney shall work with the schools and community representatives on development of violence prevention and intervention programs, identification, protocol and curricula.
(c) The offices of the district attorneys shall conduct weekly working sessions focusing on specific events and particular individuals whose conduct poses a threat to schools, neighborhoods and communities. The district attorneys shall be responsible for creating, managing and updating a priority prosecution list of individuals identified as the community’s most serious violent youths and repeat offenders and shall update the list as events may happen and the individual is moved through the criminal justice system.
(d) The district attorneys shall assign prosecutors to the community based juvenile justice program who shall treat the identified cases as their priority cases and shall work with the school, courts and other agencies to deter violent, criminal or delinquent conduct. The offices of the district attorneys shall be responsible for managing the lists, compiling and publishing statistics, coordinating meetings with the assistant district attorneys assigned to the program and local law enforcement agencies, schools, probation and court representatives and, where appropriate, the department of social services, department of youth services and department of mental health.
(e) The district attorneys operating such programs shall participate in a community based juvenile justice program task force for the purpose of sharing information on the practices and developments of violence prevention and prosecution in their particular programs and such task force shall submit an annual report on each program, including statistics and findings, to the house and senate committees on ways and means on or before February 1 each year.
Chapter 12: Section 3A to 3D. Repealed, 1978, 512, Sec. 1 Chapter 12: Section 3E. Defense of actions against officers or employees Section 3E. Upon the filing with the attorney general of a written request by an officer or employee of any agency within the executive office of health and human services or the department of education, that the attorney general defend him in any action alleging an intentional or unintentional tort or other wrongful act or omission, or violation of the civil rights of any person under any federal or state law, arising out of the operation of said agencies within the executive office of health and human services or of the department of education, the attorney general shall, if after investigation it appears to him that such officer or employee was at the time the cause of action arose acting within the scope of his official duties of employment, take over the management and defense of such action. The attorney general may adjust or settle any such action at any time before, during or after trial, if he finds after investigation that the plaintiff is entitled to damages from such officer or employee.
Chapter 12: Section 4. Claims of commonwealth; enforcement Section 4. He shall enforce the collection of such money due on the bonds, notes and securities listed in the accounts transmitted to him under section nine of chapter ten, and the performance of such conditions therein referred to as, with due regard to the situation of the debtors, he may consider that the interests of the commonwealth require.
Chapter 12: Section 4A. Acceptance of gifts or grants of money or property Section 4A. The department may accept any gifts or grants of money or property, whether real or personal, from any source, whether public or private, including but not limited to the United States of America or its agencies, for the purpose of assisting the department in the discharge of its duties.
Chapter 12: Section 5. Civil actions to recover money for commonwealth Section 5. All civil actions to recover money for the commonwealth may be brought in the name of the commonwealth by the attorney general or by a district attorney.
Chapter 12: Section 5A. False claims; definitions Section 5A. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meaning:-“Claim”, any request or demand, whether pursuant to a contract or otherwise, for money or property which is made to an officer, employee, agent or other representative of the commonwealth, political subdivision thereof or to a contractor, subcontractor, grantee, or other person if the commonwealth or any political subdivision thereof provides any portion of the money or property which is requested or demanded, or if the commonwealth or any political subdivision thereof will reimburse directly or indirectly such contractor, subcontractor, grantee, or other person for any portion of the money or property which is requested or demanded.
“False claims law”, pursuant to sections 5B to 5O, inclusive.
“False claims action”, an action filed by the office of the attorney general or a relator pursuant to this section.
“Knowing and knowingly”, possessing actual knowledge of relevant information, acting with deliberate ignorance of the truth or falsity of the information or acting in reckless disregard of the truth or falsity of the information and no proof of specific intent to defraud is required.
“Original source”, an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the attorney general, without public disclosure, before filing an action under this section which is based on such information.
“Person”, any natural person, corporation, partnership, association, trust or other business or legal entity.
“Political subdivision”, any city, town, county or other governmental entity authorized or created by state law, including public corporations and authorities.
“Relator”, an individual who brings an action under paragraph (2) of section 5C.
Chapter 12: Section 5B. False claims; liability Section 5B. Any person who:(1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;(2) knowingly makes, uses, or causes to be made or used, a false record or statement to obtain payment or approval of a claim by the commonwealth or any political subdivision thereof;(3) conspires to defraud the commonwealth or any political subdivision thereof through the allowance or payment of a fraudulent claim;(4) has possession, custody, or control of property or money used, or to be used, by the commonwealth or any political subdivision thereof and knowingly delivers, or causes to be delivered to the commonwealth, less property than the amount for which the person receives a certificate or receipt with the intent to willfully conceal the property;(5) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the commonwealth or any political subdivision thereof and with the intent of defrauding the commonwealth or any political subdivision thereof, makes or delivers the receipt without completely knowing that the information on the receipt is true;(6) buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the commonwealth or any political subdivision thereof, knowing that said officer or employee may not lawfully sell or pledge the property;(7) enters into an agreement, contract or understanding with one or more officials of the commonwealth or any political subdivision thereof knowing the information contained therein is false;(8) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or to transmit money or property to the commonwealth or political subdivision thereof; or(9) is a beneficiary of an inadvertent submission of a false claim to the commonwealth or political subdivision thereof, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the commonwealth or political subdivision within a reasonable time after discovery of the false claim shall be liable to the commonwealth or political subdivision for a civil penalty of not less than $5,000 and not more than $10,000 per violation, plus three times the amount of damages, including consequential damages, that the commonwealth or political subdivision sustains because of the act of that person. A person violating sections 5B to 5O, inclusive, shall also be liable to the commonwealth or any political subdivision for the expenses of the civil action brought to recover any such penalty or damages, including without limitation reasonable attorney’s fees, reasonable expert’s fees and the costs of investigation, as set forth below. Costs recoverable under said sections 5B to 5O, inclusive, shall also include the costs of any review or investigation undertaken by the attorney general, or by the state auditor or the inspector general in cooperation with the attorney general.
(10) Notwithstanding the provisions of paragraphs (1) to (9), inclusive, if the court finds that:(i) the person committing the violation of said paragraphs (1) to (9) furnished an official of the office of the attorney general responsible for investigating false claims law violations with all the information known to such person about the violation within 30 days after the date on which the person first obtained the information;(ii) such person fully cooperated with any commonwealth investigation of such violation; and(iii) at the time such person furnished the commonwealth with the information about the violation, no civil action or administrative action had commenced under sections 5B to 5O, inclusive, or no criminal prosecution had commenced with respect to such violation, and such person did not have actual knowledge of the existence of an investigation into such violation, the court may reduce the assessment of damages to the amount of damages, including consequential damages, that the commonwealth or any political subdivision thereof sustains because of the act of a person.
(11) A corporation, partnership or other person is liable to the commonwealth under sections 5B to 5O, inclusive, for the acts of its agent where the agent acted with apparent authority, regardless of whether the agent acted, in whole or in part, to benefit the principal and regardless of whether the principal adopted or ratified the agent’s claims, representation, statement or other action or conduct.
(12) Sections 5B to 5O, inclusive shall not apply to claims, records or statements made or presented to establish, limit, reduce, or evade liability for the payment of tax to the commonwealth, or any other governmental authority.
(13) A person who has engaged in conduct described in paragraphs (1) to (9), inclusive, prior to payment shall only be entitled to payment from the commonwealth of the actual amount due less the excess amount falsely or fraudulently claimed.
Chapter 12: Section 5C. Violations under Secs. 5B to 5O; investigation by attorney general; relators; civil actions Section 5C. (1) The attorney general shall investigate violations under sections 5B to 5O, inclusive, involving state funds or funds from any political subdivision. If the attorney general finds that a person has violated or is violating said sections 5B to 5O, inclusive, the attorney general may bring a civil action in superior court against the person.
(2) An individual, hereafter referred to as relator, may bring a civil action in superior court for a violation of said sections 5B to 5O, inclusive, on behalf of the relator and the commonwealth or any political subdivision thereof. The action shall be brought in the name of the commonwealth or the political subdivision thereof. The action may be dismissed only if the attorney general gives written reasons for consenting to the dismissal and the court approves the dismissal. Notwithstanding any general or special law to the contrary, it shall not be a cause for dismissal or a basis for a defense that the relator could have brought another action based on the same or similar facts under any other law or administrative proceeding.
(3) When a relator brings an action pursuant to said sections 5B to 5O, inclusive, a copy of the complaint and written disclosure of substantially all material evidence and information the relator possesses shall be served on the attorney general pursuant to Rule 4(d)(3) of the Massachusetts Rules of Civil Procedure. The complaint shall be filed under seal and shall remain so for 120 days. Notwithstanding any other general or special law or procedural rule to the contrary, service on the defendant shall not be required until the period provided in paragraph (5). The attorney general may, for good cause shown, ask the court for extensions of no more than 90 days during which the complaint shall remain under seal. Any such motions may be supported by affidavits or other submissions under seal. The court shall not grant more than two requests for extensions unless the attorney general can demonstrate extraordinary circumstances requiring a further extension. The attorney general may elect to intervene and proceed with the action on behalf of the commonwealth or political subdivision within the 120 day period or during any extension, after he receives both the complaint and the material evidence and information. Any information or documents furnished by the relator to the attorney general in connection with an action or investigation under said sections 5B to 5O, inclusive, shall be exempt from disclosure under section 10 of chapter 66.
(4) Before the expiration of the initial 120 day period or any 90 day extensions obtained under paragraph (3), the attorney general shall; (i) assume control of the action, in which case the action shall be conducted by the attorney general; or (ii) notify the court that he declines to take over the action, in which case the relator shall have the right to conduct the action.
(5) If the attorney general decides to proceed with the action, the complaint shall be unsealed and served promptly thereafter. The defendant shall not be required to respond to any complaint filed under said sections 5B to 5O, inclusive, until 20 days after the complaint is unsealed and served upon the defendant pursuant to rule 4 of the Massachusetts rules of civil procedure.
(6) When a relator brings an action pursuant to this section, no person other than the attorney general may intervene or bring a related action based on the facts underlying the pending action.
Chapter 12: Section 5D. Prosecution by attorney general; relator’s right to continue as party to action Section 5D. (1) If the attorney general proceeds with the action, he shall have primary responsibility for prosecuting the action, and shall not be bound by any act of the relator. The relator shall have the right to continue as a party to the action, subject to the limitations in sections 5B to 5O, inclusive.
(2) The attorney general may dismiss the action notwithstanding the objections of the relator if the relator has been notified by the attorney general of the filing of the motion and the court has provided the relator with an opportunity for a hearing on the motion. Upon a showing of good cause, such hearing may be held in camera.
(3) The attorney general may settle the action with the defendant notwithstanding the objections of the relator if the court determines, after a hearing, that the proposed settlement is fair, adequate and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
(4) Upon a showing by the attorney general that unrestricted participation during the course of the litigation by the relator initiating the action would interfere with or unduly delay the attorney general’s prosecution of the case, or would be repetitious, irrelevant or for purposes of harassment, the court may, in its discretion, impose limitations on the relator’s participation, including but not limited to: (i) limiting the number of witnesses the relator may call; (ii) limiting the length of the testimony of such witnesses; (iii) limiting the relator’s cross examination of witnesses; or (iv) otherwise limiting the participation by the relator in the litigation.
(5) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the relator would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the relator in the litigation.
(6) If the attorney general elects not to proceed with the action, the relator who initiated the action shall have the right to conduct the action. If the attorney general so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the attorney general’s expense. When a relator proceeds with the action, the court, without limiting the status and rights of the relator initiating the action, may nevertheless permit the attorney general to intervene at a later date upon a showing of good cause.
(7) Whether or not the attorney general proceeds with the action, upon a showing by the attorney general that certain acts of discovery by the relator initiating the action would interfere with the attorney general’s investigation or prosecution of a criminal or civil matter arising out of the same or similar facts, the court may stay such discovery for a period of not more than 60 days. Such showing by the attorney general shall be conducted in camera. The court may extend the 60 day period upon a further showing in camera that the attorney general has pursued the criminal or civil investigation or proceedings with reasonable diligence and may stay any proposed discovery in the civil action that will interfere with the ongoing criminal or civil investigations or proceedings.
Chapter 12: Section 5E. Alternate remedies available to determine civil penalty Section 5E. Notwithstanding the provisions of section 5C, the attorney general may elect to pursue its claim through any alternate remedy available to the attorney general, including any administrative proceeding, to determine a civil penalty. If any such alternate remedy is pursued in another proceeding, a relator shall have the same rights in such proceeding as said relator would have had if the action had continued under said section 5C. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under sections 5B to 5O, inclusive. For purposes of this section, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the commonwealth, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
Chapter 12: Section 5F. Payments to relators; limitations Section 5F. (1) If the attorney general proceeds with an action brought by a relator pursuant to section 5C, the relator shall receive at least 15 per cent but not more than 25 per cent of the proceeds recovered and collected in the action or in settlement of the claim depending upon the extent to which the relator substantially contributed to the prosecution of the action.
(2) Where the action is one which the court finds to be based primarily on disclosures of specific information, other than information provided by the relator, relating to allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, auditor or inspector general hearing, audit, or investigation; or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 per cent of the proceeds, taking into account the significance of the information and the role of the relator bringing the action in advancing the case to litigation.
(3) Any payment to a relator pursuant to this section shall be made only from the proceeds recovered and collected in the action or in settlement of the claim. Any such relator shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, including reasonable attorney’s fees and costs. All such expenses, shall be awarded against the defendant.
(4) If the attorney general does not proceed with an action pursuant to section 5C, the relator bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages on behalf of the commonwealth or any political subdivision thereof. The amount shall be not less than 25 per cent nor more than 30 per cent of the proceeds recovered and collected in the action or settlement of the claim, and shall be paid out of such proceeds. The relator shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, including reasonable attorney’s fees and costs. All such expenses shall be awarded against the defendant.
(5) Whether or not the attorney general proceeds with the action, if the court finds that the action was brought by a relator who planned, initiated or knowingly participated in the violation of sections 5B to 5O, inclusive, then the court may, to the extent the court considers appropriate, reduce or eliminate the share of the proceeds of the action which the relator would otherwise receive pursuant to paragraphs (1) to (4), inclusive, taking into account the role of the relator in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the relator bringing the action is convicted of criminal conduct arising from his role in the violation of this section, the relator shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the attorney general to continue the action.
Chapter 12: Section 5G. Actions brought against governor, lieutenant governor, attorney general, treasurer, secretary of state, etc.
; limitations Section 5G. (1) No court shall have jurisdiction over an action brought pursuant to section 5C against the governor, lieutenant governor, the attorney general, the treasurer, secretary of state, the auditor, a member of the general court, the inspector general or a member of the judiciary, if the action is based on evidence or information known to the commonwealth when the action was brought.
(2) An individual may not bring an action pursuant to paragraph (2) of said section 5C that is based upon allegations or transactions which are the subject of a civil suit or an administrative proceeding in which the commonwealth or any political subdivision thereof is already a party.
(3) No court shall have jurisdiction over an action pursuant to sections 5B to 5O, inclusive, based upon the public disclosure of allegations or transactions in a criminal, civil or administrative hearing; in a legislative, administrative, auditor’s or inspector general’s report, hearing, audit or investigation; or from the news media, unless the action is brought by the attorney general, or the relator is an original source of the information. No court shall have jurisdiction over an action pursuant to said sections 5B to 5O, inclusive, brought by a person who knew or had reason to know that the attorney general, the state auditor or the inspector general already had knowledge of the situation.
(4) An individual who is or was employed by the commonwealth or any political subdivision thereof as an auditor, investigator, attorney, financial officer, or contracting officer who otherwise performed such functions for the commonwealth or who discovered or learned of the allegations or the underlying facts from such persons, may not bring an action pursuant paragraph (2) of section 5C that is based upon allegations or transactions that the relator discovered or learned of in such capacity. For the purposes of this paragraph, the term “in such capacity” shall refer to any matter within the scope of such person’s duties or job description.
Chapter 12: Section 5H. Money recovered by commonwealth; false claims prosecution fund Section 5H. (1) All money recovered by the commonwealth, as a result of actions brought by the attorney general or a person pursuant to sections 5B to 5O, inclusive, other than costs and attorney’s fees awarded pursuant to paragraph (2), shall be credited by the state treasurer to the False Claims Prosecution Fund, established by section 2YY of chapter 29.
(2) Costs and attorney’s fees awarded to a relator by final judicial order in an action under this section shall be paid directly by the defendant to the relator.
Chapter 12: Section 5I. Awards of attorney general fees and expenses; awards of costs and attorney fees against relators; liability Section 5I. (1) If the attorney general initiates an action or assumes control of an action brought by a person pursuant to sections 5B to 5O, inclusive, the attorney general shall be awarded his reasonable attorney’s fees and expenses incurred in the litigation, including costs, if he prevails in the action. Any such award shall be deposited in the False Claims Prosecution Fund established by said section 2YY of said chapter 29.
(2) If the attorney general does not proceed with an action pursuant to sections 5B to 5O, inclusive, and the defendant is the prevailing party, the court may award the defendant reasonable attorneys’ fees and costs against the relator upon a written finding that such action was pursued in bad faith or was wholly insubstantial, frivolous, and advanced for the purpose of causing the defendant undue burden, unnecessary expense or harassment.
(3) No liability shall be incurred by the commonwealth, the affected agency or the attorney general for any expenses, attorney’s fees or other costs incurred by any person in bringing or defending an action under said sections 5B to 5O, inclusive.
Chapter 12: Section 5J. Employers preventing employees from acting to further false claim actions; liability Section 5J. (1) No employer shall make, adopt or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency or from acting to further a false claims action, including investigating, initiating, testifying, or assisting in an action filed or to be filed pursuant to said sections 5B to 5O, inclusive. No employer shall require as a condition of employment, during the term of employment, or at the termination of employment, that any employee agree to, accept or sign any agreement that limits or denies the employee’s rights to bring an action or provide information to a government or law enforcement agency pursuant to said sections 5B to 5O, inclusive. Any such agreement shall be void.
(2) No employer shall discharge, demote, suspend, threaten, harass, deny promotion to, or in any other manner discriminate against an employee in the terms or conditions of employment because of lawful acts done by the employee on behalf of the employee or others in disclosing information to a government or law enforcement agency or in furthering a false claims action, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed pursuant to sections 5B to 5O, inclusive.
(3) Notwithstanding any general or special law to the contrary, an employer who violates paragraph (2) shall be liable for such damages or equitable relief as a court shall deem appropriate, including: reinstatement with the same seniority status such employee would have had but for the employer’s violation of sections 5B to 5O, inclusive, two times the amount of back pay, interest on the back pay, and compensation for any special damage sustained as a result of the employer’s violation of said sections 5B to 5O, inclusive. In addition, the defendant shall be required to pay litigation costs and reasonable attorney’s fees. An employee may bring an action in the appropriate superior court or the superior court of the county of Suffolk for the relief provided in this section.
(4) An employee who is discharged, demoted, suspended, harassed, denied promotion, or in any other manner discriminated against in the terms and conditions of employment by his employer because of participation in conduct which directly or indirectly resulted in a false claim being submitted to the commonwealth or a political subdivision thereof shall be entitled to the remedies pursuant to paragraph (3) only if both of the following occurred:(i) the employee has been harassed, threatened with termination or demotion, or otherwise coerced by the employer or its management into engaging in the fraudulent activity in the first place; and(ii) the employee voluntarily disclosed information prior to being dismissed to a government or law enforcement agency or acts in furtherance of a false claims action, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed.
Chapter 12: Section 5K. Limitation of actions; final judgments in criminal proceedings Section 5K. (1) A civil action pursuant to sections 5B to 5O, inclusive, for a violation of section 5B may not be brought (i) more than six years after the date on which the violation occurred; or (ii) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official within the office of the attorney general charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation is committed, whichever occurs last. A civil action pursuant to sections 5B to 5O, inclusive, may be brought for acts or omissions that occurred prior to the effective date of this section, subject to the limitations period set forth in this section.
(2) Notwithstanding any other law or rule of procedure or evidence, a final judgment rendered in favor of the commonwealth in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same act, transaction or occurrence as in the criminal proceedings and which is brought under section 5B.
Chapter 12: Section 5L. Preponderance of the evidence standard Section 5L. In any action brought pursuant to sections 5B to 5O, inclusive, the party bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
Chapter 12: Section 5M. Rules, regulations or guidelines; attorney general Section 5M. The attorney general may promulgate any rules, regulations or guidelines that, in the attorney general’s judgment, are necessary and appropriate to the effective administration of this chapter.
Chapter 12: Section 5N. Civil investigative demands; attorney general Section 5N. (1) Notwithstanding any general or special law, procedural rule or regulation to the contrary, the attorney general, whenever he has reason to believe that any person may be in possession, custody or control of any documentary material or information relevant to a false claims law investigation, may, before commencing a civil proceeding under sections 5B to 5O, inclusive, issue in writing and cause to be served upon such person, a civil investigative demand requiring such person (i) to produce such documentary material for inspection and copying; (ii) to answer written interrogatories, in writing and under oath; (iii) to give oral testimony under oath; or (iv) to furnish any combination of such material, answers or testimony.
(2) Service of any such demand may be made by (i) delivering a copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person; (ii) delivering a copy thereof to the principal place of business in the commonwealth of the person to be served; or (iii) mailing by registered or certified mail a copy thereof addressed to the person to be served at the principal place of business in the commonwealth or, if said person has no place of business in the commonwealth, to his principal office or place of business.
(3) Each such demand requesting documentary material or oral testimony shall (i) state the time and place of the taking of testimony or the examination and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs; (ii) state the nature of the conduct constituting the alleged violation of a false claims law which is under investigation, and the applicable provision of law alleged to be violated; (iii) describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; (iv) prescribe a return date within which the documentary material is to be produced; (v) identify the members of the attorney general’s staff to whom such documentary material is to be made available for inspection and copying; and (vi) if such demand is for the giving of oral testimony, notify the person receiving the demand of the right to be accompanied by an attorney and any other representative, prescribe a date, time and place at which oral testimony shall be commenced, identify the assistant attorney general who shall conduct the examination and to whom the transcript of such examination shall be submitted, specify that such attendance and testimony are necessary to the conduct of the investigation, and describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. Notice of the time and place of taking oral testimony shall be given by the attorney general at least ten days prior to the date of such taking of testimony or examination, unless the attorney general or an assistant attorney general designated by the attorney general determines that exceptional circumstances are present which warrant such taking of testimony within a lesser period of time.
(4) The oral examination of all persons pursuant to sections 5B to 5O, inclusive, shall be conducted before a person duly authorized to administer oaths by the law of the commonwealth. Rule 30(e) of the Massachusetts Rules of Civil Procedure shall be applicable to oral examinations conducted pursuant to said sections 5B to 5O, inclusive.
(5) Any person compelled to appear for oral testimony under a civil investigative demand issued under said sections 5B to 5O may be accompanied, represented and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a motion may be filed for an order compelling such person to answer such question.
(6) The production of documentary material in response to a civil investigative demand served under sections 5B to 5O, inclusive, shall be made under a sworn certificate, in such form as the demand designates, by (i) in the case of a natural person, the person to whom the demand is directed, or (ii) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person. The certificate shall state that all of the documentary material required by the demand and in the possession, custody or control of the person to whom the demand is directed has been produced and made available to the members of the attorney general’s staff identified in the demand.
(7) Each written interrogatory served under sections 5B to 5O, inclusive, shall be answered separately and fully in writing under the penalties of perjury. The person upon whom the interrogatories have been served shall serve the answers and objections, if any, upon the attorney general within 14 days after service of the interrogatories.
(8) Any documentary material or other information produced by any person pursuant to sections 5B to 5O, inclusive, shall not, unless otherwise ordered by a justice of the superior court for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general and any officer or employee of the commonwealth who is working under their direct supervision with respect to the false claims law investigation, unless with the consent of the person producing the same. Such documentary material or information may be disclosed by the attorney general in court proceedings or in papers filed in court. Nothing in this section shall preclude the attorney general from disclosing information and evidence secured pursuant to sections 5B to 5O, inclusive, to officials of the United States, the commonwealth or any political subdivision thereof charged with responsibility for enforcement of federal, state or local laws respecting fraud or false claims upon federal, state or local governments. Prior to any such disclosure the attorney general shall obtain a written agreement from such officials to abide by the restrictions of this section.
(9) At any time prior to the date specified in the civil investigative demand, or within 21 days after the demand has been served, whichever period is shorter, the court may, upon motion for good cause shown, extend such reporting date or modify or set aside such demand or grant a protective order in accordance with the standards set forth in Rule 26(c) of the Massachusetts Rules of Civil Procedure. The motion may be filed in the superior court of the county in which the person served resides or has his usual place of business, or in Suffolk county.
(10) Whenever any person fails to comply with any civil investigative demand issued under sections 5B to 5O, inclusive, the attorney general may file, in the superior court of the county in which such person resides, is found, or transacts business, a motion for the enforcement of the civil investigative demand. The Massachusetts Rules of Civil Procedure shall apply to any such motion. Any final order entered pursuant to such petition may also include the assessment of a civil penalty of not more than $5,000 for each act or instance of noncompliance.
(11) All such information and documentary materials as are obtained by the attorney general pursuant to sections 5B to 5O, inclusive, shall not be public records and are exempt from disclosure under section 10 of chapter 66 or any other law.
(12) For purposes of sections 5B to 5O, inclusive, “documentary material” shall include the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart or other document or graphic representation, or data stored in or accessible through a computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data.
(13) Nothing in sections 5B to 5O, inclusive, shall be construed to authorize the attorney general to compel the production of information or documents from the state auditor or from the inspector general, unless otherwise authorized by law. Nothing in this chapter shall bar the attorney general from referring matters or disclosing information or documents to the state auditor or to the inspector general for purposes or any review or investigation they may deem appropriate.
Chapter 12: Section 5O. Agency reporting requirements Section 5O. Nothing in sections 5B to 5M, inclusive, shall be construed to relieve an agency of its reporting requirements regarding matters within that agency under chapter 647 of the acts of 1989.
Chapter 12: Section 6. Consultation with and giving of advice and assistance to district attorneys Section 6. He shall consult with and advise district attorneys in matters relating to their duties; and, if in his judgment the public interest so requires, he shall assist them by attending the grand jury in the examination of a case in which the accused is charged with a capital crime, and appear for the commonwealth in the trial of indictments for capital crimes.
He shall also consult with and advise district attorneys in all civil actions brought pursuant to chapter two hundred and fifty-eight, and may assist them in the defense of such actions.
Chapter 12: Section 6A. Conferences of district attorneys and other officials; notification as to new laws Section 6A. He may from time to time, and as often as occasion may require, call into conference the district attorneys, the sheriffs of the several counties and the chiefs of police of the several cities and towns, or such of them as he may deem advisable, for the purpose of discussing the duties of their respective offices with a view to the uniform and adequate enforcement of the laws of the commonwealth.
He shall, as soon as convenient after the end of each legislative session, notify the sheriffs of the several counties and the chiefs of police of the several cities and towns of all laws enacted during such session which it is their duty to enforce. Such notice shall include a list by chapter number and title of each law so enacted.
Chapter 12: Section 7. Persons intruding on land, property or rights of commonwealth; prosecution Section 7. He may, if in his judgment the public interest so requires, prosecute informations or other processes against persons who intrude on the land, rights or property of the commonwealth, or commit or erect a nuisance thereon.
Chapter 12: Section 8. Due application of charity funds enforced Section 8. The attorney general shall enforce the due application of funds given or appropriated to public charities within the commonwealth and prevent breaches of trust in the administration thereof.
Chapter 12: Section 8A. Definitions Section 8A. As used in this section and in sections eight B to eight M, inclusive, the following words and phrases shall, unless a different meaning is plainly required by the context, have the following meanings:—“Director”, the director of public charities appointed pursuant to the provisions of section eight C.
“Division”, the division of public charities established under section eight B.
Chapter 12: Section 8B. Division of public charities; duties Section 8B. There shall be in the department of the attorney general a division of public charities which shall, under the direction and control of the attorney general, perform the duties imposed upon him by the provisions of section eight to eight M, inclusive.
Chapter 12: Section 8C. Director of public charities; designation Section 8C. The executive and administrative head of the division shall be an assistant attorney general designated by the attorney general to act as the director of public charities.
Chapter 12: Section 8D. Employees; appointment and removal Section 8D. The director may appoint and remove, subject to the approval of the attorney general, such accounting, investment, clerical and other experts and assistants as the work of the division may require.
Chapter 12: Section 8E. Charitable corporations; filing of information; exceptions; penalties; enforcement Section 8E. Every public charity established, organized or chartered under the laws of the commonwealth or under the laws of any other state, except the American National Red Cross, the Grand Army of the Republic, American Veterans of World War II, Korea and Vietnam, Vietnam Veterans of America, AMVETS, the United Spanish War Veterans, the American Legion, the disabled American Veterans of the World War, Military Order of the Purple Heart, the Paralyzed Veterans of America, the Veterans of World War I of the U.
S.
A.
, and the Veterans of Foreign Wars of the United States, shall, before engaging in charitable work or raising funds in the commonwealth, register with the division by filing a copy of its charter, articles of organization, agreement of association or instrument of trust, and a true copy of its constitution and by-laws, together with such other information as the director may require. Every public charity registered with the division shall also file with the division any amendments to its charter, articles of organization, agreement of association, instrument of trust or constitution, within thirty days after adoption.
If a public charity willfully fails to comply with the requirements of this section, every officer and every agent who authorizes or transacts business on behalf of such public charity in this commonwealth shall be assessed a civil penalty of not more than five hundred dollars. The attorney general may bring an action in the superior court to restrain a public charity from violating this section and to restrain a public charity from transacting any business while such violation continues.
Chapter 12: Section 8F. Annual reports of public charities; financial statements; fees; penalties; enforcement Section 8F. The trustee or trustees or the governing board of every public charity shall annually, at a time to be determined by the director, file with the division a written report for its last preceding fiscal year. Such report shall be filed on forms prescribed by the director and shall contain such financial and other information as the director may require. A public charity which is required by law to file accounts in a probate court of the commonwealth may file a copy of such account for any year with the division in lieu of the annual report, but each such public charity shall supply to the director, upon request, such additional information as the director may require.
A public charity, other than one which files its annual probate account with the division in lieu of the annual report, which received more than one hundred thousand dollars in gross support and revenue during the fiscal year covered by its report must submit a complete audited financial statement together with its annual report. For purposes of this section, gross support and revenue shall not include any gains or losses from the sale of a capital asset. The audited financial statement shall be prepared in accordance with such generally accepted accounting principles and reporting practices as may from time to time be prescribed by the American Institute of Certified Public Accountants, or its successor organization, and shall be examined by an independent certified public accountant in accordance with generally accepted auditing standards for the purpose of expressing an opinion thereon. A public charity which received not more than $500,000 in gross support and revenue during the fiscal year covered by its report may in lieu of an audited financial statement submit a financial statement accompanied by an independent certified public accountant’s review report as that report is defined by the American Institute of Certified Public Accountants. The director may, by regulation, exempt certain types or classes of organizations from the audit or review report requirement or from completing any portions of the annual report if the director determines that such exemption would be in the public interest.
The annual reports and any other documents prescribed by the director shall be signed by an authorized officer of the public charity and shall be verified under oath. For each report, a filing fee shall be paid to the division at the time of the filing in the following amount, based on the gross support and revenue received during the fiscal year covered by the report, as follows: (a) thirty-five dollars, if not more than one hundred thousand dollars; (b) seventy dollars, if more than one hundred thousand dollars but not more than two hundred and fifty thousand dollars; (c) one hundred and twenty-five dollars, if more than two hundred and fifty thousand dollars but not more than five hundred thousand dollars; (d) two hundred and fifty dollars, if more than five hundred thousand dollars. In the event that any public charity shall fail to file a report required hereunder, the division may bring an action to restrain the charity from transacting any business in the commonwealth or may take such other action as may be appropriate to compel compliance with the provisions of this section.
This section shall not apply to any property held for any religious purpose by any public charity, incorporated or unincorporated.
Any public charity, or the responsible officer or agent of a public charity, who willfully fails to file a written report for any year shall be assessed a civil penalty of not more than five hundred dollars. Any public charity, or any officer or agent of a public charity, who willfully makes, executes or files a report false in any material representation shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year or both.
Chapter 12: Section 8G. Attorney general as a party; service Section 8G. The attorney general shall be made a party to all judicial proceedings in which he may be interested in the performance of his duties under the provisions of sections eight to eight M, inclusive, and service upon or notice to the director in any such proceeding shall be deemed sufficient service upon or notice to the attorney general.
Chapter 12: Section 8H. Investigations by attorney general Section 8H. (1) The attorney general, whenever he believes that charitable funds have not been or are not being applied to charitable purposes or that breaches of trust have been or are being committed in the administration of a public charity, may conduct an investigation upon application to and with the approval of a judge of the trial court. In conducting such investigation the attorney general may: (a) take testimony under oath; (b) examine or cause to be examined any documentary material of whatever nature relevant to such alleged misapplication of charitable funds or breach of trust; and (c) require attendance during such examination of documentary material of any person having knowledge of the documentary material and take testimony under oath or acknowledgment in respect of any such documentary material. Such testimony and examination shall take place in the county where such person resides or has a place of business or, if the parties consent or such person is a non-resident or has no place of business within the commonwealth, in Suffolk county. (2) Notice of the time, place and cause of such taking of testimony, examination or attendance shall be given by the attorney general at least ten days prior to the date of such taking of testimony or examination. (3) Service of any such notice may be made by (a) delivering a duly executed copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person; (b) delivering a duly executed copy thereof to the principal place of business in the commonwealth of the person to be served; or (c) mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in the commonwealth or, if said person has no place of business in the commonwealth, to his principal office or place of business. (4) Each such notice shall: (a) state the time and place for the taking of testimony or the examination and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs; (b) state the statute and section thereof, if any, the alleged violation of which is under investigation and state the general subject matter of the investigation; (c) describe the class or classes of documentary material to be produced thereunder with reasonable specificity, so as fairly to indicate the material demanded; (d) prescribe a return date within which the documentary material is to be produced; and (e) identify the members of the attorney general’s staff to whom such documentary material is to be made available for inspection and copying. (5) No such notice shall contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of the commonwealth; or require the disclosure of any documentary material which would be privileged or which for any other reason would not be required by a subpoena duces tecum issued by a court of the commonwealth. (6) Any documentary material or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of the commonwealth for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general, unless with the consent of the person producing the same. (7) The superior court for the county of Suffolk or for any county in which any person served in accordance with this section resides or has his usual place of business may, at any time prior to the date specified in the notice, or within twenty-one days after the notice has been served, whichever period is shorter, upon motion for good cause shown, extend such reporting date or modify or set aside the notice provided for in this section.
This section shall not be applicable to any criminal proceeding nor shall information obtained under the authority of this section be admissible in evidence in any criminal prosecution for substantially identical transactions.
Chapter 12: Section 8I. Compliance with investigations; enforcement; penalties Section 8I. A person upon whom a notice is served pursuant to the provisions of section eight H shall comply with the terms thereof unless otherwise provided by the order of a court of the commonwealth. Any person who fails to appear, or with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this chapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody or control of any person subject to any such notice, or knowingly conceals any relevant information, shall be assessed a civil penalty of not more than five thousand dollars.
The attorney general may file in the superior court of the county in which such person resides or has his principal place of business, or in the superior court of Suffolk county if such person is a non-resident or has no principal place of business in the commonwealth, and serve upon such person, in the same manner as provided in section eight H, a petition for an order of such court for the enforcement of this section and section eight H. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
Chapter 12: Section 8J. Rules and regulations Section 8J. The director shall from time to time formulate such reasonable rules and regulations as may be necessary to carry out the provisions of sections eight to eight M, inclusive, and such rules and regulations shall thereafter govern all such matters.
Chapter 12: Section 8K. Gift for public charitable purpose; presumed intention Section 8K. A gift made for a public charitable purpose shall be deemed to have been made with a general intention to devote the property to public charitable purposes, unless otherwise provided in a written instrument of gift.
Chapter 12: Section 8L. Fiscal records Section 8L. Every public charity required to file written annual reports with the division pursuant to section eight F shall, in accordance with rules and regulations prescribed by the division, keep true fiscal records as to its activities within the commonwealth in such form as will enable it accurately to provide the information required by said section. Upon demand, such records shall be made available to the division for inspection. Such records shall be retained for a period of at least three years after the end of the period to which the annual report relates.
Chapter 12: Section 8M. Public records; inspection Section 8M. Except as otherwise provided in this chapter, all registration statements, annual reports and all other information required to be filed under sections eight to eight M, inclusive, or by the division, shall be public records in the office of the division and shall be open to the general public for inspection at such time and under such conditions as the division may prescribe.
Chapter 12: Section 8N. Fees, costs, penalties and other monies; general fund Section 8N. All fees, attorneys fees, costs, civil penalties and other monies received by the commonwealth pursuant to sections eight through eight M or sections eighteen through thirty-five of chapter sixty-eight shall be credited by the state treasurer to the General Fund.
Chapter 12: Section 9. Advice and aid to general court and committees Section 9. He shall, when required by either branch of the general court, attend during its sessions and give his aid and advice in the arrangement and preparation of legislative documents and business, and shall give his opinion upon questions of law submitted to him by the governor and council or by either branch of the general court. He, or some person designated by him, shall, when requested by a vote of a legislative committee, appear before such committee and advise it upon the legal effect of proposed legislation pending before it.
Section 1. As used in this chapter, unless the context requires otherwise, the following words shall have the following meanings:—“Construction”, the process of planning, acquiring, designing, building, altering, repairing, maintaining, servicing, improving, demolishing, equipping or furnishing any structure and appurtenance thereto, including facilities and utilities or other improvements of any kind to any real property and including, but not limited to, highways, airports, tunnels, sewers or dams;“Procurement”, buying, purchasing, renting, leasing or otherwise acquiring or disposing of supplies, services, or construction;“Supplies”, all property, including but not limited to equipment, materials, printing, insurance, and real property.
“Services”, the furnishing of labor, time, or effort by a contractor, as defined below.
“Public funds”, state, federal and local funds.
“Contractor”, any person, corporation, partnership, business, union, committee, or other organization, entity or group of individuals.
attorney Section 10. In carrying out his duties and responsibilities, the inspector general shall report to the attorney general, the United States attorney, or both, whenever the inspector general has reasonable grounds to believe there has been violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings.
When authorized by a majority vote of the inspector general council, the inspector general shall refer audit or investigative findings to the state ethics commission, or to any other federal, state or local agency, which has an interest in said findings.
Any referrals made under this section shall not be made public.
Section 11. The inspector general shall have the authority to institute a civil recovery action if authorized by the attorney general. In any case where the inspector general has discovered fraudulent acts and believes that civil recovery proceedings may be appropriate, he shall refer the matter to the attorney general. The attorney general may institute whatever proceedings he deems appropriate, may refer the matter to another state or local agency, may authorize the institution of appropriate civil proceedings by the inspector general, may retain the matter for further investigation, or may remand the matter to the inspector general for further investigation.
Section 12. The office of inspector general shall, not later than April thirtieth of each year, prepare a report summarizing the activities of the office for the prior calendar year. The office of inspector general may also prepare interim reports. These reports shall be forwarded to the governor, president of the senate, speaker of the house of representatives, the chairman of the house and senate committees on ways and means, the executive director of the legislative post-audit committee and the secretary of administration and shall be made available to the public.
The report shall include, but not be limited to: a description of significant problems in the areas of fraud, waste and abuse within programs and operations within the jurisdiction of the office; a description of the recommendations for corrective action made by the office during the reporting period with respect to significant deficiencies in the areas of fraud, waste and abuse; the identification of each significant recommendation described in previous annual reports on which corrective action has not been completed; a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted; a summary of any matters concerning the recovery of monies as a result of civil suit by the office of inspector general or a referral to another agency for the purposes of such suit; a list of each audit report completed by the office during the reporting period; a statement of recommendations of amendments to this chapter or the rules, regulations or procedures governing the office of inspector general which would improve the effectiveness or the operation of the office of inspector general.
A copy of such report to the general court shall be forwarded to the head or governing body of each public body referred to in the report from whom the inspector general requires a response.
The head or governing body of, each public body may, within sixty days of receipt of such report, comment upon any references to such agency contained within such report. Such comment, if any, shall be forwarded to the president of the senate, the speaker of the house of representatives, the chairman of the house and senate committees on ways and means, the executive director of the legislative post-audit committee, the secretary of administration, and the office of inspector general.
The report of the inspector general shall be made public on the day of filing; provided, however, that the report shall not list the names of individuals or corporations nor describe them with such sufficient particularity as to readily identify them to the general public in those cases in which no official disposition has been made by the office of inspector general or the office of attorney general or the federal prosecutor.
Section 13. All records of the office of inspector general shall be confidential unless, it is necessary for the inspector general to make such records public in the performance of his duties, and shall not be public records as defined in section seven of chapter four.
Violation of the provisions of section nine and section ten relative to the secrecy of proceedings by the inspector general or any member of the staff, or by any member of the inspector general council, shall be punished by imprisonment in a jail or house of correction for not more than six months or by a fine of not more than one thousand dollars.
Section 14. (a) The inspector general may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste and abuse in or relating to programs and operations as described in section seven.
(b) The inspector general shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the written consent of said employee, unless the inspector general determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the employee shall be notified in writing at least seven days prior to such disclosure.
(c) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employees as a reprisal for making a complaint or disclosing information to the inspector general, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
Section 15. Whenever the inspector general has reason to believe that a person has information with respect to any matter which is within the inspector general’s jurisdiction to investigate, he may require by summons the attendance and testimony under oath of said person; provided, however, that such summons may be issued by the inspector general only with prior approval of six members of the inspector general council. The approval of six members of the inspector general council for the issuance of a summons pursuant to this paragraph shall be obtained only after information concerning the matter under investigation has been presented to said council, which information shall include: the name and address of the prospective witness; the subject of the investigation; a summary of the status of the investigation; a summary of the reasons for requesting a summons for testimony; and a summary of the general scope of the inquiry to be made of a prospective witness.
Such summons shall be served by the inspector general or anyone duly authorized by him, in the same manner as a summons for a witness in a civil case issued on behalf of the commonwealth, and all provisions of law relative to such summons issued in such case shall apply to a summons issued under this section.
A witness required by summons to attend and testify under oath and produce books and records shall be given not less than forty-eight hours’ notice of the time and place of the taking of testimony, unless such notice shall unduly interfere with the conduct of the investigation and prior approval for a shorter period of time for such summons and notice has been obtained from at least six members of the inspector general council.
Such witness, at the time of service of said summons, shall be notified of the matter under investigation concerning which such witness will be required to testify and shall be given a copy of the rules of procedures adopted by the inspector general, shall be notified that his testimony will be taken at a private session, whether the issuance of such summons was approved by the inspector general council and whether the witness is a subject of an investigation. A subject of an investigation is a person whose conduct is within the scope of the investigation. The failure to furnish such witness with any notice or information required to be given by this section shall cause the said summons to be invalid.
In addition, the witness shall be notified that he has a right to consult with and to have an attorney present at the time the testimony is taken and that he has a constitutional right not to furnish or produce evidence which may tend to incriminate him.
A person summonsed to attend and testify under oath shall appear and testify under oath before at least two persons, one of whom shall be the attorney general or his designee, the state auditor or his designee, the secretary of public safety or his designee, the state comptroller or his designee, or other members of the inspector general council, and the other of whom shall be the inspector general or an employee of the office who is an attorney admitted to practice in the commonwealth and approved by the inspector general council.
The terms of any such summons must be reasonable, and the information sought from the summonsed witness must be reasonably related to the subject matter under investigation. No such summons may be issued for purposes of harassment or for any illegitimate or improper purpose. All constitutional and statutory rights and privileges which exist with respect to any summons issued by a court, including the privilege against self-incrimination, shall have the same force and effect with respect to any such summons issued by the inspector general.
A summonsed person may object to the summons served upon him in advance of the return date of the summons by a complaint in the nature of a motion to quash filed in the superior court department of the trial court in Suffolk county. The filing of a complaint in the nature of a motion to quash shall stay all pending summons until further order of the superior court. Any justice of the superior court may, upon application by the inspector general, issue an order to compel the attendance of witnesses summonsed as aforesaid and the giving of testimony under oath in furtherance of any audit or investigation under this chapter in the same manner and to the same extent as before the superior court. Failure to obey any order of the court with respect to said summons may be punished by said court as contempt.
Any summons issued pursuant to this section shall not be made public by the inspector general or any persons subject to his direction or by any member of the inspector general council or person designated to hear testimony under this section, and testimony given shall be governed by the same provisions with reference to secrecy which govern grand jury proceedings. Whoever violates the provisions of this paragraph shall be punished by imprisonment for not more than six months in a jail or house of correction or by a fine of not more than one thousand dollars. Disclosure of such testimony may be made to such members of the staff of the office of inspector general as is deemed necessary by the inspector general to assist him in the performance of his duties and responsibilities under this chapter and such members of the staff may be present at the taking of such testimony.
of inspector general Section 2. There is hereby established an office of inspector general, hereinafter called the office. There shall be in said office an inspector general, who shall be the administrative head of said office and who shall be appointed by a majority vote of the attorney general, the state auditor and the governor for a term of five years. The person so appointed shall be selected without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation or criminal justice administration.
In case of a vacancy in the position of inspector general his successor shall be appointed in the same manner for the unexpired term. No person shall be appointed for more than two five-year terms.
The person so appointed may be removed from office, for cause, by a majority vote of the attorney general, the state auditor, and the governor. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The reasons for removal of the inspector general shall be stated in writing and shall include the basis for such removal. Such writing shall be sent to the clerk of the senate, the clerk of the house of representatives and to the governor at the time of the removal and shall be deemed to be a public document.
Section 3. There shall be an inspector general council which shall consist of the attorney general, the state auditor, the secretary of public safety, the state comptroller, an attorney admitted to practice law within the commonwealth appointed by the attorney general from a list of three such attorneys submitted by the speaker of the house, and a person with experience in business or accounting or on the faculty of a college of business or of accounting within the commonwealth appointed by the state auditor from a list of three such persons submitted by the president of the senate and a member of the public appointed by the governor from a list of three names submitted by the minority leader of the house of representatives and a member of the public appointed by the governor from a list of three names submitted by the minority leader of the senate. The appointive members shall serve for a term of three years and shall be compensated for work performed for the inspector general council at such rate as the secretary of administration shall determine and shall be reimbursed for expenses necessarily incurred in the performance of their duties. The inspector general shall meet with the inspector general council at least quarterly and may consult or request the assistance of members of the inspector general council with respect to the duties and responsibilities of the office.
qualifications Section 4. The inspector general may, subject to appropriation, appoint and may remove such employees, as he deems necessary to perform the duties of his office, including but not limited to assistant inspectors general, chief and deputy counsels, clerks, paralegals, accountants, auditors, financial management analysts and investigators and may determine their salaries and duties; provided, however, that the total amount of all such salaries shall not exceed the sum appropriated therefor by the general court. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one and chapter one hundred and fifty E shall not apply to officers and employees within the office.
The inspector general may establish personnel regulations for the officers and employees of the office. He shall file an annual personnel report not later than the first Wednesday in February with the senate and house committees on ways and means containing the job classifications, duties and salary of each officer and employee within the department together with personnel regulations applicable to said officers and employees. He shall file amendments to such report with the senate and house committees on ways and means whenever any changes become effective. The inspector general may establish motor vehicle regulations for the officers and employees of the office of the inspector general and the provisions of section thirty-six of chapter thirty shall not apply to officers and employees with the office.
With the exception of the attorney general, the state auditor, the secretary of public safety, and the state comptroller, no member of the inspector general council or officer or employee of the office of inspector general shall hold, or be a candidate for, any elective public office while an officer or employee, or for three years thereafter, nor shall he hold office in any political party or political committee, or participate in any political campaign of any candidate for public office while an officer or employee.
The estimate of the amount required for the maintenance of the office required to be filed under section three of chapter twenty-nine shall be submitted by the inspector general with the advice and consent of the inspector general council.
The inspector general, with the advice and consent of the inspector general council may apply for and receive federal funds in order to fulfill the duties and responsibilities of the office.
Section 5. The inspector general council shall annually set the salary of the inspector general which salary shall not exceed ninety per cent of the salary of the chief justice of the supreme judicial court.
Section 6. The office shall, pursuant to the provisions of chapter thirty A, promulgate rules and regulations which shall govern its proceedings.
The state secretary shall not accept for filing any such regulations unless such regulation has, in addition to compliance with all applicable provisions of chapter thirty A, been approved by the general court and the governor.
Any such regulations, adopted by the office, after compliance with all applicable provisions of said chapter thirty A, be filed with the house of representatives under the provisions of this section and shall be accompanied by a summary of said regulations. Such regulation shall be referred to the appropriate joint standing committee within five days of the filing thereof. The said committee shall consider the proposed regulations and shall report to the general court within forty-five days whether or not such regulations should be adopted.
The clerk of the senate shall cause any such regulations approved by both branches of the general court within seventy-five days from the time of filing of the same with the house of representatives, to be forwarded to the governor for his approval; provided, that any such regulations which are not approved by the general court and the governor within ninety days of such filing shall be deemed to have been disapproved.
If the governor approves any such regulations so submitted he shall forward the same to the state secretary who shall publish the same in accordance with section five of chapter thirty A.
Emergency regulations may be adopted by the office after the prorogation of the general court in the manner provided by said section five of chapter thirty A; provided, that such regulations shall be filed with the house of representatives for submission to the next session of the general court for approval as hereinbefore provided; and provided, further, that such regulations shall not remain in force for more than ninety days after the general court has convened for such session.
Section 7. The office of inspector general shall act to prevent and detect fraud, waste and abuse in the expenditure of public funds, whether state, federal, or local, or relating to programs and operations involving the procurement of any supplies, services, or construction, by agencies, bureaus, divisions, sections, departments, offices, commissions, institutions and activities of the commonwealth, including those districts, authorities, instrumentalities or political subdivisions created by the general court and including the cities and towns.
Section 8. The inspector general may supervise, coordinate and conduct audits and investigations, when necessary, relating to programs and operations described in section seven. He shall review legislation and regulations relating to programs and operations described in said section seven and shall make recommendations concerning the effect of such legislation or regulation on the prevention and detection of fraud, waste and abuse. He may recommend policies which will assist in the prevention or detection of fraud, waste and abuse. The person in charge of, or the governing body of any public body described in said section seven, may request the assistance of the office of inspector general with respect to implementation of any suggested policy. In that event the inspector general may assign personnel to conduct, supervise, or coordinate such activity. He may recommend policies for the conduct, supervision or coordination of relationships between state and county agencies and other state and local government agencies and federal agencies and nongovernmental entities with respect to all matters relating to the prevention and detection of fraud, waste and abuse in or relating to programs and activities described in said section seven.
summons Section 9. The inspector general in carrying out the provisions of this chapter shall have access to all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence, including information relative to the purchase of services or anticipated purchase of services from any contractor by any public body, and any other data and material that is maintained by or available to any public body described in section seven which in any way relate to the programs and operations with respect to which the inspector general has duties and responsibilities except records under the provisions of section eighteen of chapter sixty-six as defined in section three of said chapter sixty-six.
He may request such information, cooperation and assistance from any state, county or local governmental agency as may be necessary for carrying out his duties and responsibilities. Upon receipt of such request each person in charge of, or the governing body of any public body described in section seven, shall furnish to the inspector general or his authorized agent or representative such information, cooperation and assistance, including information relative to the purchase of services or anticipated purchase of services from any contractor by any public body, except records under the provisions of section eighteen of chapter sixty-six as defined in section three of said chapter sixty-six.
He may make such investigations, audits and reports relating to the administration of the programs and operations of the applicable public bodies described in section seven, as are in the judgment of the inspector general necessary and may conduct an examination of any public documents.
He shall have direct and prompt access to the head of any public body described in section seven, when necessary for any purpose pertaining to the performance of his duties and responsibilities under this chapter.
He may request the production, on a voluntary basis, of testimony or documents from any individual firm or non-governmental entity which relate to his duties and responsibilities.
The inspector general may require by summons, the production of all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material relevant to any matter under audit or investigation pursuant to the provisions of this chapter except records under the provisions of section eighteen of chapter sixty-six as defined in section three of said chapter sixty-six.
Such summons shall be served in the same manner as a summons for the production of documents in civil cases issued on behalf of the commonwealth, and all provisions of law relative to said summons shall apply to a summons issued pursuant to this chapter. Any justice of the superior court department in the trial court may, upon application by the inspector general, issue an order to compel the production of records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material as aforesaid in the same manner and to the same extent as before said superior court department. Any failure to obey such order may be punished by said court as contempt.
Any summons issued pursuant to this section shall not be made public by the inspector general or any officer or employee of his department, nor shall any documents provided pursuant to this section be made public until such time as it is necessary for the inspector general to do so in the performance of his duties. The production of such books and papers pursuant to summons shall be governed by the same provisions with reference to secrecy which govern proceedings of a grand jury. Disclosure of such production, attendance, and testimony may be made to such members of the staff of the office of inspector general as is deemed necessary by the inspector general to assist him in the performance of his duties and responsibilities under this chapter and such members of the staff may be present at the production of records.
Section 1. As used in this chapter:“Commission” means the Massachusetts state gambling advisory commission.
creation; members; terms; powers and duties Section 2. (a) There shall be a Massachusetts state gambling advisory commission, consisting of five members. Each member of the commission shall be (1) a citizen of the United States; and (2) a resident of the commonwealth. No person holding any elective office in the federal, state, or local government, nor any officer or official of any political party shall be eligible to appointment to the commission. It is the intention of the legislature that the commission shall be composed of the most qualified persons available; but no person actively engaged or having a direct pecuniary interest in gambling activities shall be a member of the commission. Not more than three members of the commission shall be of the same major political affiliation. The governor shall appoint three members of the commission and designate one member to serve as chairman of the commission. The attorney general of the commonwealth shall appoint one member of the commission. The auditor of the commonwealth shall appoint one member of the commission.
(b) The term of office of each member of the commission shall be five years except that, of the members initially appointed, one shall be appointed by the governor for a term of two years, one shall be appointed by the attorney general for a term of three years, one shall be appointed by the governor for a term of four years, one shall be appointed by the auditor for a term of five years, and one shall be appointed by the governor for a term of five years. After the initial term the term of office for each member of the commission is five years, provided that no member serve more than two consecutive terms of five year periods. Any vacancies shall be filled by the original appointing authority within sixty days of the occurrence of such vacancy. Any appointee shall continue in office beyond the expiration date of his term until the appointment of a successor but in no event longer than six months. Any commissioner may be removed by the governor for just cause, and shall be removed immediately upon conviction of any felony.
(c) The commission members shall devote that time to the business of the commission as may be necessary to the discharge of their duties. The members of the commission shall be compensated for work performed for the commission at twenty-five thousand dollars per annum, with the chairman receiving ten thousand dollars per annum in addition to his compensation. Commission members shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. Before entering upon the duties of his or her office each member shall swear that he or she is not pecuniarily interested in any business or organization holding a gambling license under this chapter, or doing business with any gambling service industry, as defined by this chapter and shall submit to the governor, attorney general and state auditor, a statement of financial interest required by chapter two-hundred sixty-eight B listing all assets and liabilities, property and business interests, and sources of income of said commissioner and his spouse. Such statement shall be under oath and shall be filed at the time of employment and annually thereafter. No commission member shall have any interest, direct or indirect, in any proposal reviewed by the commission or recommendation made by the commission to the General Court. Regular and special meetings of the commission may be held, at the discretion of the commission, at such times and places as it may deem convenient, but at least one regular meeting may be held each month on or after the fifteenth day of the month.
(d) The commission shall review proposals to legalize and establish various forms of gambling within the commonwealth. The commission shall make advisory recommendations solely to the general court concerning each proposal it reviews, but the commission shall have no power to approve any proposal and its recommendations are not binding on the General Court. No proposal reviewed by the commission or recommendation made to the General Court shall have any force and effect unless and until such a proposal or recommendation is statutorily approved and enacted. The clerk of the senate and the clerk of the house of representatives shall provide the commission with a copy of any petition relative to gambling filed in their respective branch. In reviewing proposals, the commission shall make specific findings with respect to: the amount of estimated tax and other revenue to the commonwealth; the amount of anticipated economic activity to be created by the proposal; the integrity and fiscal soundness of the offeror and the social impact of the proposal. The commission may make additional findings as it deems necessary and relevant. The commission shall make an annual report of its activities to the general court by March thirty-first, for the prior calendar year.
(e) The commission shall appoint and set the compensation of an executive director who shall oversee the staff of the commission and execute the duties and responsibilities assigned by the commission. The executive director of the commission shall direct his entire time and attention to his duties and shall not pursue any other business or occupation or other gainful employment.
(f) The executive director shall, within the limits of legislative appropriations or authorizations, establish personnel policies and employ and fix the salaries for the services of professional, technical and operational employees of the commission.
(g) The commission shall not be subject to the provisions of chapter one hundred and fifty E of the General Laws.
(h) No employee of the commission shall have any direct or indirect interest in any proposal reviewed by the commission or in any recommendation made by the commission to the General Court.
Chapter 13: Section 10. Board; membership; appointment; term; meetings; expenses; rules and regulations Section 10. There shall be a board of registration in medicine, in this section and section eleven called the board, consisting of seven persons appointed by the governor, who shall be residents of the commonwealth, five of whom shall be physicians registered under section two of chapter one hundred and twelve, or corresponding provisions of earlier laws, and two of whom shall be representatives of the public, subject to the provisions of section nine B. Each member of the board shall serve for a term of three years.
No member shall be appointed to more than two consecutive full terms; provided, however, a member appointed for less than a full term may serve two full terms in addition to such part of a full term, and a former member shall again be eligible for appointment after a lapse of one or more years. Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. The board shall elect from its members a chairman, vice-chairman and secretary who shall serve for one year and until their successors are appointed and qualified. The board shall meet at least once a month or more often upon the call of the chairman at such times and places as the chairman shall designate.
Members of the board shall, subject to appropriation, be paid thirty-five dollars for each day or part thereof spent in performing their duties, and shall receive their necessary traveling and other expenses while engaged in the business of the board, provided that the amount for expenses shall not be more than twenty dollars per day, except for traveling expense which shall not be more than eight cents per mile.
The board shall adopt, amend, and rescind such rules and regulations as it deems necessary to carry out the provisions of this chapter; may appoint legal counsel and such assistants as may be required; may make contracts and arrangements for the performance of administrative and similar services required, or appropriate, in the performance of the duties of the board; and may adopt and publish rules of procedure and other regulations not inconsistent with other provisions of the General Laws.
Chapter 13: Section 10A. Review and approval of rules and regulations Section 10A. The commissioner of public health may review and approve rules and regulations proposed by the board of medicine. Such regulations will be deemed approved unless disapproved within fifteen days of submission to the commissioner; provided, however, that any such disapproval shall be in writing setting forth the reasons for such disapproval.
Chapter 13: Section 10B. Repealed, 1992, 286, Sec. 53 Chapter 13: Section 11. Meetings; officers; bond; salaries and expenses Section 11. Said board shall hold regular meetings on the second Tuesdays of March, July and November in each year, and additional meetings at such times and places as it may determine. At the regular meeting in July, it shall organize by the choice of a chairman and secretary, who shall hold their offices for one year. The secretary shall give bond to the state treasurer in the sum of five thousand dollars, with sufficient sureties to be approved by the governor and council, for the faithful performance of his official duties. There shall be paid by the commonwealth to the secretary of the board a salary of fifty-six hundred and twenty-five dollars, to the chairman of the board a salary of twelve hundred and fifty dollars and to each of the other members thereof a salary of one thousand dollars, and to each member thereof his necessary traveling expenses actually incurred in attending the meetings of the board.
Chapter 13: Section 11A. Board; membership; appointment; term; removal; election of officers; expenses; powers and duties Section 11A. There shall be a board of allied health professions, hereinafter called the board, which shall consist of eleven members to be appointed by the governor. Members of the board shall be residents of the commonwealth and citizens of the United States. Three of such members shall be athletic trainers licensed in accordance with the provisions of section twenty-three B of chapter one hundred and twelve; two of such members shall be occupational therapists licensed in accordance with the provisions of section twenty-three B of chapter one hundred and twelve, one such member shall be an occupational therapy assistant licensed in accordance with the provisions of said section twenty-three B; two of such members shall be physical therapists licensed in accordance with the provisions of said section twenty-three B; one such member shall be a physical therapist assistant licensed in accordance with the provisions of said section twenty-three B; except that such members constituting the first board shall be persons who are eligible for licensing as practitioners of said allied health profession. One of such members shall be a physician licensed in accordance with the provisions of section two of chapter one hundred and twelve, and one of such members shall be selected from and shall represent the general public.
Each member of the board shall serve for a term of three years. No member shall be appointed to more than two consecutive full terms, provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term, and a former member shall again be eligible for appointment after a lapse of one or more years.
A member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill such vacancy for the remainder of that member’s year.
The board shall, at its first meeting, and annually thereafter, elect from among its members a chairman, vice-chairman, and a secretary. Such officers shall serve until their successors are elected and qualified. The board shall meet at least once a month or more often upon the call of the chairman at such times and places as the chairman shall designate.
Each member shall be reimbursed for necessary expenses incurred in the discharge of his official duties.
The board shall have the following powers and duties:(a) The board shall administer, coordinate, and enforce the provisions of this section, evaluate the qualifications, and approve the examinations for licensure under this section, and may issue subpoenas, examine witnesses, and administer oaths, and may investigate allegations of practices violating the provisions of this section.
(b) The board shall adopt rules and regulations relating to professional conduct to carry out the policy of this section including, but not limited to, regulations relating to professional licensure and to the establishment of ethical standards of practice for persons holding a license to practice athletic training, occupational therapy, or physical therapy in the commonwealth.
(c) The board shall conduct such hearings and keep such records and minutes as are necessary to carry out its duties. The board shall provide reasonable public notice of the times and places of all hearings authorized under this section, in such manner and at such times as it may determine.
Chapter 13: Section 11B. Board; membership; qualifications; term Section 11B. There shall be a board of respiratory care, hereinafter called the board, which shall consist of 7 members to be appointed by the governor and the appointments may be from among a list of nominations submitted by the Massachusetts Society for Respiratory Therapy or its successor. Members of the board shall be residents of the commonwealth and citizens of the United States. Two of such members shall be respiratory therapists licensed in accordance with section 23S of chapter 112 except that such members constituting the first board shall be persons eligible for licensing as practitioners of respiratory care; 2 of such members shall be physicians with pulmonary related specialties licensed in accordance with the provisions of section 2 of said chapter 112, 1 such member shall be a nurse with pulmonary related experience licensed in accordance with said chapter 112, and 2 of such members shall be consumers of respiratory care services selected from and representing the general public.
Each member of the board shall serve for a term of three years except that immediately following the enactment of this section, the initial terms of two of the members shall be for a term of three years, two of the members shall be for a term of two years, and two of the members shall be for a term of one year. No member shall be appointed to more than two consecutive full terms; provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of one or more years.
Chapter 13: Section 11C. Board of registration of physician assistants; membership; appointment; term Section 11C. There shall be a board of registration of physician assistants, herein called the board, to consist of nine members who are residents of the commonwealth, who shall be appointed by the governor, two of whom shall be licensed physicians who shall have been actively engaged in the practice of medicine for at least three years and at least one of whom shall be a member of the Massachusetts Medical Society; one of whom shall be an educator of physician assistants on the faculty or staff of an accredited physician assistant training program; four of whom shall be physician assistants duly certified in the commonwealth who may be selected from a list of names submitted by the Massachusetts Association of Physician Assistants or comparable organization representing physician assistants and two of whom shall be representatives of the general public.
Members shall be appointed for a term of three years. No member shall be appointed to more than two consecutive full terms; provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of one or more years. Any member of the board may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon.
Said board shall elect its chairperson annually and shall meet at the call of such chairperson or upon the request of two or more members of the board. A quorum shall consist of at least five members present. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The board shall meet at least four times annually.
Chapter 13: Section 11D. Board of registration of dieticians and nutritionists Section 11D. There shall be within the division of professional licensure a board of registration of dietitians and nutritionists to be appointed by the governor, who in his discretion may seek the advice of the Massachusetts nutrition board, as established under section 181 of chapter 6, to consist of nine members who are citizens of the commonwealth, four of whom shall be licensed dietitians/nutritionists who are registered dietitians with the Commission on Dietetic Registration of the American Dietetic Association, one of whom shall be a licensed dietitian/nutritionist with a baccalaureate degree, one of whom shall be a licensed dietitian/nutritionist with a doctoral degree, one of whom shall be an educator from an accredited nutrition program in Massachusetts, and two of whom shall be consumers who are representatives of the general public. Of the first board appointed by the governor non-public members shall be registered dietitians or nutritionists with seven years of paid professional experience in the practice of dietetics.
Members shall be appointed for a term of three years, except that of the members of the first board, three members shall be appointed for terms of one year, three members shall be appointed for terms of two years, and three members shall be appointed for terms of three years. No member shall be appointed to more than two consecutive full terms; provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term, and a former member shall again be eligible for appointment after a lapse of one or more years. Any member of the board may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon.
Said board shall elect its chairperson annually and shall meet at the call of such chairperson or upon the request of four or more members of the board. A quorum shall consist of at least five members present. Said chairperson shall only vote on board matters in the case of a tie. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The board shall meet at least four times annually.
Chapter 13: Section 11E. Board of registration of perfusionists; members; officers Section 11E. There shall be a board of registration of perfusionists, herein called the board, to consist of seven members who shall be residents of the commonwealth, to be appointed by the governor who, in his discretion, may seek advice from the Massachusetts Society of Perfusion, or its successor. Four members shall be perfusionists licensed for two years in accordance with the provisions of section 213 or section 217 of chapter 112. Two members shall be licensed physicians, one of whom shall be actively engaged as a cardiovascular surgeon and one of whom shall be an anesthesiologist actively engaged in the practice of cardiac anesthesia, and one member shall be a representative of the general public. No member shall be an employee of a trade association in the field of health care and no member who is a representative of the general public shall be engaged in the practice of any health care profession.
Members shall be appointed for terms of three years. No member shall be appointed to more than two consecutive full terms but a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of at least one year. A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against him and an opportunity to be heard.
The board shall, at its first meeting and annually thereafter, elect from among its members a chairman, vice chairman and secretary. Officers shall serve until successors are elected and qualified. The board shall meet at the call of the chairman or upon request of four members of the board. The board shall meet at least two times annually. A quorum shall consist of four members present. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
Chapter 13: Section 12. Repealed, 1937, 425, Sec. 13 Chapter 13: Section 12A. Board; appointment; successors; term Section 12A. There shall be a board of registration in podiatry, to be appointed by the governor, in this and in the following two sections called the board, consisting of five members, citizens of the commonwealth, three of whom shall have had at least seven years of practice in podiatry in this commonwealth. The fourth member shall be a registered physician who shall have had at least seven years of practice in medicine in this commonwealth. The fifth member shall be a representative of the public, subject to the provisions of section nine B. No member of the board shall be connected in any way with a school of podiatry or be financially interested in any manufacturing, wholesale or retail business, pertaining to podiatry in any form whatsoever. As the term of a member expires, his successor shall be appointed by the governor, to serve for five years.
Chapter 13: Section 12B. Meetings; officers; quorum Section 12B. The board shall annually meet in the month of October at such time and place as it shall determine, and shall organize by electing a chairman and secretary, who shall be members of the board, and who shall hold their respective offices for one year. The board shall hold at least six additional meetings at such times and places as it shall determine or upon call of the chairman. Three members of the board shall constitute a quorum for the transaction of business.
Chapter 13: Section 12C. Compensation and expenses; limitation Section 12C. There shall be paid by the commonwealth to the secretary of the board a salary of five hundred dollars, and his necessary expenses incurred in the discharge of his official duties, and to each of the other members thereof a salary of two hundred and fifty dollars, and his necessary expenses so incurred; provided, that the salaries and expenses of the members of the board shall not be in excess of the receipts for registration.
Chapter 13: Section 13. Members; number; qualifications; appointment; term Section 13. (a) The governor shall appoint 17 members to a board of registration in nursing, hereinafter called the board. When making such appointments the governor shall consider persons suggested by nursing organizations in the commonwealth. Members shall be residents of the commonwealth. The composition of the board shall be as follows: 9 registered nurses; 4 licensed practical nurses; 1 physician registered pursuant to chapter 112; 1 pharmacist registered under section 24 of chapter 112 and 2 consumers.
(b) At the time of appointment or reappointment, nurse members shall:(1) be currently licensed as nurses in the commonwealth;(2) have at least eight years of experience in nursing practice in the ten years immediately preceding the appointment; and(3) be currently employed in nursing in the commonwealth at the time of appointment or reappointment.
(c) Registered nurse board members shall include representatives from long-term care, acute care, and community health settings in the following manner:(1) one representative from each level of nursing education whose graduates are eligible to write nursing licensure examinations; provided, however that baccalaureate and higher degree programs shall be considered one level;(2) two registered nurses in advanced practice, both of whom must meet requirements for authorization as a registered nurse in advanced practice as established by the board, at least one of whom is employed providing direct patient care at the time of appointment;(3) one registered nurse who is currently employed as a nursing service administrator and who is responsible in that role for agency or service wide policy development and implementation;(4) two registered nurses not authorized in advanced nursing practice and who provide direct patient care.
(d) Licensed practical nurse board members shall include representatives from long-term care, acute care, and community health settings.
(e) The consumer board member shall be knowledgeable in consumer health concerns and shall neither be, nor ever have been, associated directly or indirectly with the provision of health care.
(f) Board members shall serve for a term of three years and until the governor appoints a successor, no member may serve more than two consecutive full terms in any category. Completion of an unexpired term does not constitute a full term. No fewer than four members of the board shall be appointed each year.
(g) The governor shall fill any vacancy on the board within ninety days of the date that position becomes vacant.
(h) The present members of the board holding office upon the effective date of this act shall serve as members for the duration of their respective terms.
Chapter 13: Section 14. Meetings; officers; executive director; duties Section 14. The board shall:(a) meet at least four times per year and shall elect a chairperson and officers annually;(b) appoint, employ and prescribe the duties of a qualified registered nurse to serve as executive director of the board, who shall not be subject to chapter thirty-one and who shall employ persons, as necessary, to administer section thirteen and this section and sections seventy-four to eighty-one C, inclusive, of chapter one hundred and twelve, and who shall receive such salary as may be fixed in accordance with chapter thirty;(c) have responsibility and power to administer, coordinate, and enforce the provisions of section thirteen and this section and sections seventy-four to eighty-one C, inclusive, of chapter one hundred and twelve, without limitation to such other powers, duties, and authorities as it may be granted by its status;(d) be authorized to make, adopt, amend, repeal, and enforce such rules and regulations consistent with law as it deems necessary for the protection of the public health, safety and welfare and for proper administration and enforcement of its responsibilities;(e) conduct such hearings and keep records and minutes as are necessary to carry out its duties;(f) collect reasonable fees established pursuant to the provisions of section three B of chapter seven; provided, however, that in setting the level of said fees, the secretary of administration shall take into consideration the projected costs of assuring sufficient funding to meet the purposes of this section, including, but not limited to, clauses (g) to (k), inclusive;(g) conduct studies of the supply of nurses in the commonwealth and, in conjunction with other agencies of the commonwealth, evaluate the demand for nursing services;(h) provide consultation, conduct conferences, forms, studies and research on nursing practice, nursing education and related matters;(i) prepare and publish materials the board determines integral to the delivery of safe and effective nursing care;(j) notify all licensees annually about all changes in law and rules and regulations regarding nursing licensure and nursing practice; and(k) participate in, including attending at meetings of, and paying fees to, national organizations of state boards of nursing.
Chapter 13: Section 14A. Assistant to executive director; qualifications; appointment Section 14A. There shall be an assistant to the executive director of the board, who shall have been a registered nurse for at least five years prior to appointment, who shall be appointed by the director, with the approval of the board.
Chapter 13: Section 15. Board; members; compensation and expenses Section 15. Each member of the board shall receive as compensation five hundred dollars a year for the performance of his duties, and also his necessary traveling expenses actually incurred in attending the meetings of the board, but subject to section fifteen D.
Chapter 13: Section 15A. Repealed, 1960, 693, Sec. 4 Chapter 13: Section 15B. Repealed, 1960, 693, Sec. 5 Chapter 13: Section 15C. Repealed, 1960, 693, Sec. 6 Chapter 13: Section 15D. Compensation and expense limit Section 15D. The compensation and traveling expenses of the members of the board, and the incidental expenses necessarily incurred by the board and by any member thereof paid by the commonwealth, in any year shall not exceed the receipts from registration and licensing paid to the commonwealth by the board.
Chapter 13: Section 16. Board; membership; appointment; term; qualifications Section 16. There shall be a board of registration in optometry, in the following sections called the board, consisting of five members, citizens of the commonwealth to be appointed by the governor, four of whom shall have been engaged in the practice of optometry as defined in section sixty-six of chapter one hundred and twelve for the five years next preceding their appointment, and one of whom shall be a representative of the public, subject to the provisions of section nine B. One member shall annually, in September, be appointed by the governor for a term of five years. No member of the board shall be a stockholder of any school of optometry, a member of the faculty or on the board of trustees thereof, or financially interested in a manufacturing or wholesale optical business. No registered optometrist shall be appointed or reappointed to the board unless he is certified for use of diagnostic pharmaceutical agents under the provisions of section sixty-six A of said chapter one hundred and twelve.
Chapter 13: Section 17. Board meetings; officers; secretary’s bond Section 17. The board shall annually meet in the month of October at such time and place as it shall determine, and shall organize by electing a chairman and secretary, who shall be members of the board, and who shall hold their respective offices for one year. The board shall hold additional meetings at such times and places as it shall determine, or upon call of the chairman. The secretary shall give to the state treasurer a bond, with sufficient sureties to be approved by the governor and council, for the faithful performance of his duties.
Chapter 13: Section 18. Salaries and expenses Section 18. There shall be paid by the commonwealth to the secretary of the board a salary of seven hundred and fifty dollars, and to each other member thereof a salary of five hundred and seventy-five dollars, and to each member thereof his necessary traveling expenses actually incurred in attending the meetings of the board and such other expenses of the board as are incurred under section sixteen or seventeen or under sections sixty-six to seventy-three, inclusive, of chapter one hundred and twelve.
Chapter 13: Section 19. Board; membership; qualifications; appointment; term; advisors Section 19. There shall be a board of registration in dentistry in the following 2 sections called the board, consisting of 9 persons, each of whom shall be a legal resident of the commonwealth, to be appointed by the governor, 6 of whom shall be graduates of a reputable dental college and be reputable dentists who have maintained a license to practice dentistry in the commonwealth for the 8 years next preceding his appointment, 2 of whom shall be representatives of the public, subject to the provisions of section 9B, 1 of whom shall be a graduate of a reputable school of dental hygiene and a reputable dental hygienist who has maintained a license to practice dental hygiene in the commonwealth for the 5 years next preceding his appointment. No more than 1 member of the board who is a dentist may be a full time member of the faculty or a trustee of any institution engaged in educating dentists or having power to confer degrees in dentistry. The governor shall appoint annually in April, for a term of 5 years, a successor to those members of the board whose terms are expiring in that month. No member shall serve more than 2 full terms.
There shall be two advisors to the board who shall be dental assistants. One dental assistant shall be appointed an advisor annually, in April, by the governor for a two year term. Any vacancy in the position of advisor shall be filled by the governor for the unexpired term. Advisors shall provide advice and consultation to the board within their area of expertise, and the board shall submit to the advisors for review and comment, at least sixty days prior to its publication as a proposal, any proposed rule or regulation, except emergency rules and regulations adopted under the provisions of clause (3) of section two of chapter thirty A, which would affect the activities of dental assistants.
Chapter 13: Section 2 to 7. Repealed, 1974, 835, Sec. 15 Chapter 13: Section 20. Board meetings; officers Section 20. The board shall hold at least two regular meetings in each year in Boston, and shall annually choose from its own number a chairman and a secretary.
Chapter 13: Section 21. Salaries and expenses; accounts open to public Section 21. There shall be paid by the commonwealth to the chairman of the board a salary of twelve hundred and fifty dollars, to the secretary thereof eighteen hundred and seventy-five dollars, and to the other members thereof one thousand dollars each, and to each member thereof his necessary traveling expenses actually incurred in attending meetings of the board. The board shall keep a record of all money received and expenses incurred by it, and a duplicate thereof shall be open to public inspection in the office of the comptroller.
Chapter 13: Section 22. Board; membership; qualifications; appointment; term Section 22. There shall be a board of registration in pharmacy, in the 3 following sections called the board, consisting of 11 persons, who shall be residents of the commonwealth. Five of these persons shall be registered pharmacists and shall have had at least 10 consecutive years of practical experience in the compounding and dispensing of physicians’ prescriptions, and shall actually be engaged in the drug business. At the time of appointment to the board, at least 1 of such 5 members shall be an independent pharmacist employed in the independent pharmacy setting and at least 1 of 5 members shall be a chain pharmacist employed in the chain pharmacy setting, but not more than 2 pharmacists in any 1 practice setting may serve on the board at any one time. For the purposes of this section “ independent pharmacist” shall mean a pharmacist actively engaged in the business of retail pharmacy and employed in an organization of 9 or fewer registered retail drugstores in the commonwealth under the provisions of section 39 of chapter 112 and employing not more than 20 full time pharmacists, and “chain pharmacist” shall mean a pharmacist in the employ of a retail drug organization operating 10 or more retail drug stores within the commonwealth under the provisions of said section 39; but an independent pharmacist and a chain pharmacist shall represent two distinct practice settings. One person shall be a registered pharmacist and shall have had at least 10 years of experience in the compounding and dispensing of physicians’ prescriptions, and shall actually be engaged as a pharmacist in a non-profit hospital in the commonwealth. One person shall be a registered pharmacist and shall have had at least 10 years of experience employed in a long-term care pharmacy setting. Two members shall be representatives of the public, subject to the provisions of section 9B. One member shall be a physician registered pursuant to chapter 112 and 1 member shall be a nurse registered pursuant to chapter 112. No more than 1 member shall reside in the same senatorial district. One member shall annually in November be appointed by the governor, for 5 years from December first following.
Chapter 13: Section 23. Meetings; officers; secretary’s bond Section 23. The board shall meet on the first Tuesday of December in each year at such time and place as it may determine, and shall organize by electing a president and secretary, who shall be members of the board, and shall hold their offices for one year. The secretary shall give to the state treasurer a bond, with sufficient sureties to be approved by the governor and council, for the faithful performance of his official duties. The board shall annually hold regular meetings on the first Tuesdays of January, May and October, and additional meetings at such times and places as it shall determine.
Chapter 13: Section 24. Salaries and expenses Section 24. There shall be paid by the commonwealth to the secretary of the board a salary of twenty-two hundred and fifty dollars, to each of the other members thereof a salary of one thousand and fifty dollars, and to each member thereof his necessary traveling expenses actually incurred in attending the meetings of the board.
Chapter 13: Section 25. Agents; expenses; duties Section 25. The board shall appoint no more than six agents who shall be allowed necessary traveling expenses. They shall inspect drug stores and all other places of business wherein drugs, medicines, patent medicines, medical preparations and medical supplies of any kind are sold or distributed, and shall make a report of their doings pertaining thereto to the board, and shall report all violations of the laws relating to pharmacy and the retail drug business and all violations of the rules and regulations of the board. As directed by the board, they shall file criminal complaints against all violators of such laws, rules or regulations.
Chapter 13: Section 26. Membership; qualifications; restrictions; term Section 26. There shall be a board of registration in veterinary medicine, in sections twenty-seven and twenty-eight called the board, consisting of four veterinarians, and one representative of the public, subject to the provisions of section nine B. Each member of said board shall be a legal resident of the commonwealth. Each veterinarian member of said board shall be licensed to practice veterinary medicine in the commonwealth, a graduate of a school or college teaching veterinary medicine and approved by the approving authority, and shall have had at least five years’ experience in the active practice of veterinary medicine, surgery and dentistry prior to his appointment. No member shall be a member of any faculty in any institution having the power to confer degrees in veterinary medicine. One member thereof shall annually before December first be appointed by the governor, for five years from January first following. No veterinarian member appointed to a full five year term under this section shall be reappointed to succeed himself.
Chapter 13: Section 27. Meetings; officers Section 27. The members of the board shall meet in February of each year, at such time and place as they shall determine, and shall immediately organize by electing a chairman and a secretary, who shall hold their respective offices for one year. The board shall hold regular meetings at such times and places as it may determine. The secretary shall keep suitable books in which shall be an accurate record of all the proceedings of the board, and shall perform such duties as the rules and regulations of said board shall direct.
Chapter 13: Section 28. Salaries and expenses; limitations Section 28. There shall be paid by the commonwealth to the secretary a salary of fifteen hundred dollars and his necessary traveling and contingent expenses, not exceeding three hundred dollars, actually incurred in attending to the necessary work of the board, and to each of the other members of the board a salary of two hundred and fifty dollars and his necessary traveling and contingent expenses actually incurred in attending the meetings thereof.
Chapter 13: Section 29. Board; membership; appointment; term Section 29. There shall be a board of registration in embalming and funeral directing, in this and the following two sections called the board, consisting of five members, citizens and residents of the commonwealth, four of whom shall have had at least five years’ practical experience in embalming dead human bodies and in funeral directing. One member shall be a representative of the public, subject to the provisions of section nine B. Each member of the board shall be appointed by the governor for a term of five years. Each member shall continue to serve until the qualification of his successor. The governor may also fill any vacancy in the board for the unexpired term.
In making such appointments, one member shall be a resident of Worcester county; one a resident of the district composed of Berkshire, Hampden, Franklin and Hampshire counties; one a resident of the district composed of Norfolk, Plymouth, Bristol, Dukes, Barnstable and Nantucket counties; one a resident of the district composed of Suffolk county and the cities of Everett, Malden, Medford, Cambridge and Somerville; and one a resident of the district composed of Essex county and Middlesex county, not including the cities of Everett, Malden, Medford, Cambridge and Somerville.
Not more than three members of said board shall be members of the same political party.
Chapter 13: Section 30. Meetings; officers; secretary’s bond Section 30. The board shall hold regular meetings on the first Tuesday of each month, and such additional meetings at such times and places as it may determine. At the regular meeting in October, it shall organize by the choice of a chairman and secretary, who shall be members thereof, and shall hold such offices for one year. The secretary shall give to the state treasurer a bond, with such sureties as shall be approved by the governor and council, for the faithful discharge of his duties.
Chapter 13: Section 31. Salaries and expenses; limitations Section 31. There shall be paid by the commonwealth to the chairman of said board the sum of twenty-five hundred dollars annually, to the secretary of said board the sum of eighteen hundred and seventy-five dollars, and to each of the other members of said board the sum of twelve hundred and fifty dollars, and to all members of the board their necessary traveling and other expenses actually expended in attending meetings thereof. Said board may expend any sum not exceeding five hundred dollars annually for purposes of instruction and dissemination of new and useful knowledge among and for the benefit of registered embalmers and funeral directors; provided, that such salaries and expenses shall not be in excess of the receipts for registration and renewals thereof received by the state treasurer from the board.
Chapter 13: Section 32. Board; membership; appointment; term; executive secretary; compensation and expenses Section 32. The state examiners of electricians, hereinafter, called the board, shall consist of the state fire marshal, the associate commissioner for the division of occupational education in the department of education, ex officiis, and eight persons to be appointed for terms of three years each by the governor. One of said appointees shall be a representative of the public, subject to the provisions of section nine B and one shall be a local wiring inspector who is an electrician licensed under chapter one hundred and forty-one. Six of said appointees shall be citizens of the commonwealth: one of whom shall be a master electrician who holds a certificate A license issued under said chapter one hundred and forty-one and has at least ten years experience as an employing master electrician; one shall be a master electrician who holds certificate A and certificate B licenses issued under said chapter one hundred and forty-one, is actively engaged in such business and has at least ten years experience as an employing master electrician; one shall be a journeyman electrician who holds a certificate B license issued under said chapter one hundred and forty-one, is a wage earner and has at least ten years practical experience in the installation of wires and appliances for carrying electricity for light, heat or power purposes; one shall be a systems contractor who holds a certificate C license issued under said chapter, is actively engaged in the business of fire warning and security systems as his principal business and has at least ten years experience as an employing systems contractor; one shall be a systems technician who holds a certificate D license issued under said chapter, is a wage earner and has at least ten years practical experience in the installation, repair and maintenance of systems; and one shall be a representative of the New England Section of the International Municipal Signal Association who holds at least a level I competency certificate from said association, is a municipal employee and has at least ten years practical experience in the installation, repair and maintenance of fire warning or signalling systems. The state fire marshal shall be chairman. The board shall appoint an executive secretary who shall be a wage earner, a citizen of the commonwealth, and a practical electrician of at least ten years’ experience in such installation. The board may also appoint, subject to chapter thirty-one, such other clerical and technical assistants as may be necessary to discharge its duties under chapter one hundred and forty-one and shall establish their duties. The members, ex officiis, shall receive no compensation for their services under chapter one hundred and forty-one, but the appointive members shall each receive for their services thereunder a salary of seven hundred and fifty dollars. The board may expend for the salaries of the appointive members and of the secretary and other employees and for necessary traveling and other expenses for themselves and their employees such sums as are annually appropriated therefor.
Chapter 13: Section 32A. Creation; membership; rules and regulations; meetings; private interest; clerical personnel Section 32A. There shall be a board of electricians’ appeals, whose membership shall consist of the members of the state examiners of electricians. The chairman of the state examiners of electricians shall be the chairman of said board. Said board may make such rules or regulations, not inconsistent with law, as it may deem necessary in the performance of its duties and may establish forms of appeals and petitions, and reasonable fees, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. Said board shall hold such meetings as are required to perform its duties. Notice of all meetings, including the time and place, shall be required by rules or regulations. A majority of said board may transact business, but a lesser number may adjourn from time to time.
No member of said board shall act or vote as such on any matter in connection with which his private interest, as distinguished from the public interest, is immediately concerned.
The state examiners of electricians shall assign such clerical, technical and other assistance as may be required by the board of electricians’ appeals.
Chapter 13: Section 33. Board; membership; appointment; terms; removal; public accountants administrative committee; preparation of documents for state agencies by public accountants Section 33. (a) There shall be a board of public accountancy, in this section and in sections thirty-four and thirty-five called the board, consisting of five members, to be appointed by the governor. Each member shall be a citizen of the commonwealth. Four of the members shall hold a valid biennial permit issued under section eighty-seven B of chapter one hundred and twelve and shall have been actively engaged on his own account or as a member of a partnership in the practice of public accountancy for at least seven years, or as an officer, director, or shareholder of a professional corporation organized pursuant to chapter one hundred fifty-six A. Three of the members shall be certified public accountants holding certificates issued under section eighty-seven A of chapter one hundred and twelve, or under prior laws of the commonwealth, and the fourth member shall be a public accountant registered under the laws of the commonwealth. The fifth member shall be a representative of the public, subject to the provisions of section nine B.
Upon the expiration of the term of a member his successor, qualified as aforesaid, shall be appointed by the governor for a term of five years.
The governor shall remove from the board any accountant member whose certificate of registration or license has become void, or has been revoked or suspended.
(b) There shall be a public accountants administrative committee, hereinafter and in sections thirty-four and thirty-five called the “committee”, consisting of the public accountant member of the board, who shall be a member ex officio, the representative of the public member of the board, and three members to be appointed by the board. Each appointive member of the committee shall be a citizen of the commonwealth, a public accountant registered under the laws of the commonwealth, and the holder of a valid biennial permit issued under section eighty-seven B of chapter one hundred and twelve, and shall have been actively engaged on his own account or as a member of a partnership in the practice of public accountancy for at least five years, or as an officer, director, or shareholder of a professional corporation organized pursuant to chapter one hundred and fifty-six A.
Each appointive member of the committee shall serve for a term of three years. Vacancies occurring during a term shall be filled by appointment for the unexpired term. Upon the expiration of his term of office a member shall continue to serve until his successor shall have been appointed and shall have qualified. The board shall remove from the committee any member whose registration or biennial license has become void, or has been revoked or suspended, and may, after hearing, remove any member of the committee for just cause. Before entering office, each member shall be sworn to the faithful performance of his duties.
The committee shall have the following powers and duties and shall be vested with the powers of the board with respect to such powers and duties, subject, however, to the provisions of clause (4):—(1) to investigate complaints and to initiate and conduct investigations or hearings, with or without the filing of any complaint, and to obtain information and evidence, relating to any matter involving the conduct of public accountants, and any violation or alleged violation of any of the provisions of sections eighty-seven A to eighty-seven E, inclusive, of chapter one hundred and twelve;(2) to pass upon the qualifications of any applicant for registration as a public accountant or as a partnership of public accountants, or as a professional corporation of public accountants organized pursuant to chapter one hundred and fifty-six A, and to register qualified applicants;(3) to advise the board in any and all matters affecting public accountants; serve as a liaison between the board and the public accountants, keep informed on contemplated actions of the board primarily affecting public accountants, and to have access to the files of the board for the purpose of carrying out its advisory duties;(4) to make recommendations and forward a report to the board on any matter on which the committee is authorized to act, which recommendations and report the board may accept or reject in whole or in part. The foregoing clause (4) shall not apply to clause (2).
Whenever any statute or rule or regulation of any agency of the commonwealth or any political subdivision thereof, requires that any reports, financial statements, audits, and other documents for any department, division, board, commission or agency of the commonwealth or any political subdivision thereof be prepared by certified public accountants, such requirements shall be construed to mean public accountants or certified public accountants.
Chapter 13: Section 34. Board; officers; records of proceedings; register; meetings; committee officers Section 34. (a) The board shall annually elect a chairman and a secretary from its members. The board shall hold meetings at such times as it shall determine, and may adopt, revoke and amend from time to time regulations for the orderly conduct of its internal affairs and practice. A majority of the board shall constitute a quorum for the transaction of business.
The board shall keep records of its proceedings. In any judicial proceeding, civil or criminal, arising out of or founded upon any provision of sections eighty-seven A to eight-seven E, inclusive, of chapter one hundred and twelve, certified copies of any such records made in the performance of any duty of the board shall be admissible in evidence as tending to prove the content of said records.
The board shall maintain a register of persons, partnerships and professional corporations registered as certified public accountants or as public accountants, which shall be open to public inspection. A duplicate list shall also be open to inspection in the office of the secretary of state.
Meetings of the board shall be open to the public except insofar as they are concerned with investigations under the provisions of section eighty-seven A1/2 to eighty-seven E, inclusive, of chapter one hundred and twelve and except as may be necessary to protect information which is required to be kept confidential by board rules or by the laws of the commonwealth. The board shall have a seal which shall be judicially noticed. The board shall retain or arrange for the retention of all applications and all documents under oath which are filed with the board, and records of its proceedings, and shall maintain a registry of the names and addresses of all licensees. A duplicate list shall also be open to inspection in the office of the secretary of state. In any proceedings in court, civil or criminal, arising out of or founded upon any provisions of said sections eighty-seven A1/2 to eighty-seven E, copies of any of said records certified as true copies under the seal of the board shall be admissible in evidence as tending to prove the contents of said records.
(b) The committee shall annually elect a chairman and a secretary from its members. The committee shall hold meetings at such times as it shall determine, and may adopt, revoke and amend from time to time, regulations for the orderly conduct of its internal affairs and practice. A majority of the committee shall constitute a quorum for the transaction of business.
Chapter 13: Section 35. Compensation and expenses; limitations; executive secretary Section 35. Each member of the board shall receive fifty dollars for each day or part of a day actually spent in the performance of his duties, but in any one year not more than three thousand dollars shall be paid to any member. Each member shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties. Each appointive member of the committee shall receive thirty dollars for each day or part of a day actually spent in the performance of his duties, but in any one year not more than two thousand dollars shall be paid to any member. Each member shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties. The public accountant member of the board shall receive compensation as a board member whether he performs duties as a board member or as a committee member, but shall not receive more than three thousand dollars in any one year for such duties.
The board shall employ an executive secretary, who shall be a certified public accountant, and shall determine his salary. The executive secretary shall not be subject to the provisions of sections forty-five to fifty, inclusive, of chapter thirty, or to the provisions of chapter thirty-one. The board may appoint such committees or persons to advise it or assist it in such administration as it may see fit. It may seek counsel to advise and assist it as may be provided by the attorney general.
Chapter 13: Section 36. Board of state examiners of plumbers and gas fitters; membership; appointment; term; chairman Section 36. There shall be a board of state examiners of plumbers and gas fitters, in sections 37 and 38 called the examiners, to consist of nine members who shall be citizens of the commonwealth, one of whom shall be the commissioner of public health or his designee, one of whom shall be the commissioner of public safety or his designee and seven persons to be appointed by the governor, one of whom shall have at least ten years of practical experience as a master plumber, one of whom shall be a journeyman plumber with at least ten years of practical experience and who is a wage earner, one of whom shall be a sanitary or plumbing engineer, one of whom shall be a master gas fitter with at least ten years of practical experience in the field of undiluted liquefied petroleum gas and natural gas, one of whom shall be a journeyman gas fitter with at least ten years of practical experience and who is a wage earner, one of whom shall be a master or journeyman gas fitter with at least ten years of practical experience in the design and installation of liquefied petroleum gas systems and one of whom shall be a representative of the public subject to the provisions of section 9B. As the term of office of a member expires, the governor shall appoint a successor to serve for three years. The governor shall designate the chairperson of the board and may, at any time, change such designation.
Said board shall appoint an executive secretary who is a citizen of the commonwealth and has had at least ten years’ continuous practical experience as a plumber. He shall receive his necessary traveling expenses incurred in the performance of his duties.
No member of said board shall be eligible for appointment as secretary.
Chapter 13: Section 37. Meetings Section 37. The examiners shall hold meetings at such times and places as they may designate.
Chapter 13: Section 38. Salaries and expenses; clerical assistance Section 38. There shall be paid by the commonwealth to the chairman of the examiners a salary of seven hundred and fifty dollars and to each other member thereof a salary of five hundred dollars, and to each member thereof his necessary traveling expenses actually incurred in attending meetings of the examiners. The division of professional licensure shall furnish the examiners with such clerical assistance as may be necessary.
Chapter 13: Section 39. Board; membership; appointment; terms Section 39. There shall be a board of registration of barbers, in this section and in sections forty and forty-one called the board, to be appointed by the governor, with the advice and consent of the council, and to consist of three members, citizens of the commonwealth, each of whom shall be a practising barber, and shall have had five years of practical experience as a barber in this commonwealth prior to his original appointment and shall have been actively engaged in the occupation of barbering in this commonwealth for not less than six months during the twelve months immediately prior to such appointment, and at least one of whom shall be a journeyman barber employed by a master barber, and at least one of whom shall be a master barber who is an employer of one or more barbers. No two members of the board shall, while in office, be engaged in practising the occupation of barbering in the same town. As the term of office of a member expires, his successor shall be appointed by the governor, with like advice and consent, to serve for three years. The governor may also, with like advice and consent, fill any vacancy in the board for the unexpired portion of the term.
Chapter 13: Section 40. Meetings; officers; secretary’s bond; investigators Section 40. The board shall hold regular meetings at the state house on the first Tuesdays of January, May and October in each year, and such additional meetings at such times and places as it may determine. At the regular meeting in January it shall annually organize by the choice of a chairman, who shall be a member of the board. Said board shall appoint a secretary who shall not be a member of the board, and who shall before entering upon the discharge of the duties of his office give to the state treasurer a bond, with such sureties as shall be approved by the governor and council, conditioned upon the faithful discharge of his duties. Such bond, with the approval of the board and with the oath of office endorsed thereon, shall be filed in the office of the state secretary. The board shall have a common seal, and the members thereof may administer oaths. The board may appoint investigators who shall be citizens of the commonwealth, shall have had at least five years continuous practical experience as barbers and are registered under section eighty-seven G of chapter one hundred and twelve. Said investigators shall inspect barber shops, barber schools and barber colleges, and shall report to the board all violations of any law, rule or regulation relative to barbering.
Chapter 13: Section 41. Salaries and expenses Section 41. The members of the board shall serve without compensation; provided, however, that each member shall be reimbursed for actual expenses reasonably incurred in the performance of duties as a member or on behalf of the board; and provided, further, that the salaries and expenses of the members of the board shall not be in excess of the receipts for registration and receipts from other sources received by the state treasurer from the board. The position of secretary of the board shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty.
Chapter 13: Section 42. Board; appointment; term; chairperson; qualifications Section 42. There shall be a board of registration of cosmetology to consist of seven members to be appointed by the governor, one of whom shall be designated as chairperson by a majority vote of the board of registration of cosmetology. Upon initial appointment to said board, two members shall continue in office for one year, two members shall continue in office for two years and three members, including the chairperson, shall continue in office for three years. Successors shall be appointed for terms of three years; provided, however, that any person designated to fill a vacancy shall be appointed only for the unexpired term of the board member so replaced. Upon the expiration of a term of office, a board member may continue to serve until a successor has been appointed and qualified. No person shall be appointed to fill an unexpired term for more than two consecutive terms. No person shall serve as chairperson for more than one full term. The governor may remove the chairperson or other member of said board for neglect of duty or malfeasance or upon a conviction of a felony or crime of moral turpitude. No board member shall participate in any matter before said board in which said member has a pecuniary interest, personal bias, or other conflict. No two members of said board, while in office, shall be interested in a cosmetology establishment in the same town. A board member in office on the effective date of this section shall continue to serve as a voting, full time member of said board until such time as his term of office expires.
The governor shall appoint members to the board from among candidates who meet the following qualifications:—(a) five members who shall be licensed cosmetologists, in compliance with sections eighty-seven T to eight-seven KK, inclusive, of chapter one hundred and twelve, one of whom shall own a licensed cosmetology school for at least five years, one of whom shall be a type one hairdresser for at least five years and who shall be a member of the Massachusetts Cosmetology Association for at least five years, one of whom shall be a licensed type one hairdresser and shop owner for at least five years, one of whom shall be a licensed vocational educator from the public sector who has taught cosmetology for at least five years, and one of whom shall be a licensed aesthetician for at least five years; and (b) two members shall be representatives of the general public and shall have no direct affiliation with the practice of cosmetology.
Chapter 13: Section 43. Meetings; executive secretary; clerks Section 43. The board shall hold regular meetings each month in each year, and such additional meetings at such times and places as it deems necessary. The director of professional licensure upon approval of the board of cosmetology shall appoint an executive secretary who shall devote full time during business hours to the duties of said position and who shall be exempt from the provisions of chapter thirty-one. Said executive secretary shall appoint such clerks as he deems necessary subject to the approval of the board.
Chapter 13: Section 44. Compensation; reimbursement for expenses Section 44. Board members shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of official board business.
Chapter 13: Section 44A. Board; membership; appointment; term Section 44A. There shall be in the department of civil service and registration a board of registration of architects, in this and the following three sections called the board, to be appointed by the governor, consisting of five members, citizens of the commonwealth, four of whom shall each have been engaged in the practice of architecture for a period of ten years or more prior to his appointment, and shall be registered architects. The fifth member shall be a representative of the public, subject to the provisions of section nine B. As the term of office of a member of the board expires, his successor, qualified as aforesaid, shall be appointed by the governor, to serve for five years. Each member shall continue to serve until the qualification of his successor. The governor may also fill any vacancy in the board for the unexpired portion of the term.
Chapter 13: Section 44B. Meetings; officers; quorum Section 44B. The board shall hold at least two regular meetings each year, and may hold special meetings as required. Time, place and notice of all meetings shall be as required by rules or by-laws determined by the board. At the first regular meeting each year, the board shall organize and choose from their own members, a chairman, a vice chairman and a secretary. A quorum shall consist of three members.
Chapter 13: Section 44C. Rules and by-laws; seal; powers; annual report Section 44C. The board may make such rules or by-laws, not inconsistent with law, as it may deem necessary in the performance of its duties. The board shall have a seal, and its members may administer oaths in the performance of its duties. The board shall have power to summon witnesses and to take testimony and require proofs concerning all matters within its jurisdiction. The board shall annually render to the governor a report of its proceedings, which shall include an itemized statement of all receipts and expenses of the board for the year.
Chapter 13: Section 44D. Compensation and expenses; limitations; appointment of clerks Section 44D. Each member of the board shall receive eighteen dollars and seventy-five cents for each day or portion thereof spent in the performance of his official duties; provided, that the total sum paid to any member thereof shall not exceed seven hundred and fifty dollars in any one year; and, in addition, all proper traveling and incidental expenses actually incurred by him in connection with said duties. The board may appoint such clerks as may be necessary; provided, that the salaries and expenses of the members of the board and its employees, and the expenses of the board, shall not be in excess of the receipts for registration and from other sources that have been received by the state treasurer from the board.
Chapter 13: Section 45. Board; membership; appointment; terms Section 45. There shall be a board of registration of professional engineers and of land surveyors, in this section and in sections forty-six and forty-seven called the board, consisting of six registered professional engineers, one registered land surveyor and one representative of the public, subject to the provisions of section nine B, who are citizens of the United States and residents of the commonwealth, appointed by the governor. Of the professional engineer members of said board, one shall be a civil engineer, one shall be a mechanical engineer, one shall be an electrical or electronics engineer, one shall be a chemical engineer, one shall be both a civil engineer and a registered land surveyor, and the sixth member shall represent any technical branch or specialty of engineering other than those listed above. Each member of the board except the member who is both a civil engineer and a registered land surveyor, the member who is a registered land surveyor, and the member who is a representative of the public shall have been actively engaged in the practice of engineering for at least twelve years, and shall have been in responsible charge of important engineering work or in engineering teaching, or both, for at least five years. The member of the board who is both a civil engineer and a registered land surveyor and the member of the board who is a registered land surveyor shall have been actively and principally engaged in the practice of land surveying for at least twelve years, and shall have been in responsible charge of land surveying work for at least five years. Upon the expiration of the term of a member of the board his successor, qualified as aforesaid and representative of the same branch of engineering or the public, as the case may be, shall be appointed for a term of five years by the governor. All professional engineer members of the board shall be in active practice of their profession at the time of their appointment. In the event of a vacancy in the board caused otherwise than by expiration of the term of office of a member qualified as above and similarly representative shall in like manner be appointed for the remainder of the unexpired term and until the qualification of his successor.
Chapter 13: Section 46. Meetings; officers; quorum Section 46. The members of the board shall hold at least two regular meetings each year, and may hold such special meetings at such time and place as the board may provide by by-law or rule. Notice of all such meetings shall be given as provided by such by-laws or rules. At the first regular meeting in each year the members of the board shall choose from their own number a chairman, a vice-chairman and a secretary. At all meetings of the board a quorum shall consist of three members.
Chapter 13: Section 47. Compensation; expenses; limitations Section 47. The members of the board shall receive no compensation, but each member shall receive from the commonwealth the expenses necessarily incurred by him in connection with his official duties; provided, that such compensation and expenses shall not in any year be in excess of the annual receipts for examinations and registration and from other sources paid to the commonwealth by the board for the purposes of sections eighty-one D to eighty-one T, inclusive, of chapter one hundred and twelve.
Chapter 13: Section 48. Board; membership; appointment; term Section 48. There shall be a board of registration of dispensing opticians to be appointed by the governor, with the advice and consent of the council. The board shall consist of five members, citizens of the commonwealth, four of whom shall have been principally engaged as dispensing opticians, as defined in section seventy-three C of chapter one hundred and twelve, for a period of not less than ten years and none of whom shall be in any way connected with any ophthalmic school or college. The fifth member shall be a representative of the public, subject to the provisions of section nine B. One member shall annually in January be appointed by the governor, for a term of five years.
Chapter 13: Section 49. Meetings; officers; secretary’s bond Section 49. The board shall annually meet in the month of October at such time and places as it shall determine, and shall organize by electing a chairman and secretary who shall be members of the board and who shall hold their respective offices for a period of one year. The board shall hold additional meetings at such time and places as it shall determine or upon call of the chairman. The secretary of the board shall give the state treasurer a bond with sufficient sureties, to be approved by the governor and council, for the faithful performance of his duties.
Chapter 13: Section 50. Compensation and expenses Section 50. There shall be paid annually by the commonwealth to the secretary of the board a salary of three hundred and seventy-five dollars and to each other member thereof an annual salary of one hundred and twenty-five dollars and to each member the necessary traveling expenses actually incurred in attending the meetings of the board and such other expenses as shall be incurred in the discharge of his duties.
Chapter 13: Section 51. Board; appointment; qualifications; term Section 51. There shall be a board of registration of sanitarians, hereafter in this section and in sections fifty-two and fifty-three referred to as the board, consisting of seven members to be appointed by the governor, of whom one shall be an employee of the department of public health, one shall be an educator in the field of sanitary science, four of whom shall be registered sanitarians, with at least five years experience in the field of environmental sanitation, and one of whom shall be a representative of the public, subject to the provisions of section nine B. Each member shall serve for a term of three years.
Chapter 13: Section 52. Meetings; organization; rules and regulations Section 52. The board shall meet annually in the month of December at such time and place as it shall determine, and shall organize and choose from their own members a chairman, a vice chairman and a secretary, who shall hold their respective offices until the next annual meeting. The board shall hold such other meetings at such times and places as it shall determine. It may adopt such rules and regulations, not inconsistent with law, as it may deem necessary in the performance of its duties.
Chapter 13: Section 53. Compensation and expenses; appointment of employees Section 53. Each member of the board, other than the employee of the department of public health, shall receive from the commonwealth twelve dollars and fifty cents for each day or portion thereof spent in attending board meetings; and each member shall be paid the necessary traveling expenses actually incurred by him in attending said meetings; provided, that such compensation and expenses shall not in any one year exceed the receipts from registrations and licenses paid to the commonwealth by the board. The board may appoint such employees as may be necessary to carry out its duties and may expend therefor such sums as may be appropriated.
Chapter 13: Section 54. Board; appointment; term; vacancies Section 54. There shall be a board of registration of real estate brokers and salesmen, in this section and in sections fifty-five to fifty-seven, inclusive, called the board, to be appointed by the governor, with the advice and consent of the council, consisting of five members, citizens of the commonwealth, three of whom shall have been actively engaged in the real estate business as a full-time occupation for at least seven years prior to their appointment and who shall be licensed real estate brokers, and two of whom shall be representatives of the public. The governor shall designate the chairman. As the term of office of a member of the board expires, his successor shall be appointed by the governor, with like advice and consent, to serve for five years. Each member shall be eligible for reappointment and shall serve until the qualification of his successor. The governor may also, with like advice and consent, fill any vacancy in the board for the unexpired portion of the term.
Chapter 13: Section 55. Meetings; notice, quorum; record Section 55. The board shall hold at least four regular meetings each year and may hold special meetings as required. Time, place and notice of all meetings shall be as required by rules or by-laws made by the board. A quorum shall consist of three members. In case of vacancy in the office or absence of the chairman the senior member shall perform the duties of the chairman. A written record which shall be open to public inspection shall be kept of all meetings and of the business transacted thereat.
Chapter 13: Section 56. Rules and by-laws; seal; annual report; contents Section 56. The board may make such rules or by-laws, not inconsistent with law, as it may deem necessary in the performance of its duties. The board shall have a seal. The board shall annually render to the governor and the general court a report of its proceedings, which shall include an itemized statement of all receipts and expenses of the board for the year.
Chapter 13: Section 57. Compensation and expenses; office; employees Section 57. Each member of the board shall serve without compensation, but shall be paid by the commonwealth the expenses necessarily incurred by him in the discharge of his official duties. The board may, subject to chapter thirty-one, employ a secretary and such other clerical and technical assistants as may be necessary to discharge its official duties, shall establish their duties, and, subject to the provisions of sections forty-five to fifty, inclusive, of chapter thirty, shall fix their compensation which shall be paid by the commonwealth. The commonwealth shall provide the board with adequate office space and shall pay the expenses of the board incurred in the performance of its duties.
Chapter 13: Section 58. Board; membership; qualifications; appointment Section 58. There shall be a board of registration of electrologists consisting of five persons, residents of the commonwealth, of whom three shall be licensed electrologists who have been engaged in the practice of electrolysis in the commonwealth for at least five years, one of whom shall be a physician registered under the laws of the commonwealth, and one of whom shall be a representative of the public, subject to the provisions of section nine B. No member of the board, while in office, shall have any financial interest, direct or indirect, in the manufacture or sale of equipment and supplies used in the practice of electrolysis or shall engage in the teaching of electrolysis. A member of said board shall be appointed in January of each year by the governor, for a term of three years from the first day of the following February.
Chapter 13: Section 59. Meetings Section 59. The members of said board shall meet in February in each year at such time or place as they shall determine, and shall organize by electing from its own members a chairman and a secretary, who shall hold their respective offices for one year. The board shall hold regular meetings in February, May, August and November, and such additional meetings as it may determine, at such times and places as may be agreed upon by the members.
Chapter 13: Section 60. Compensation; traveling expenses Section 60. There shall be paid by the commonwealth to the secretary of said board a salary of six hundred and twenty-five dollars and his necessary traveling expenses actually incurred in attending to the necessary work of the board, and to each of the other members of the board a salary of two hundred and fifty dollars, and his necessary traveling expenses actually incurred in attending the meetings thereof, and such other expenses of the board as are incurred under section fifty-nine and under sections eighty-seven FFF to eighty-seven OOO, inclusive, of chapter one hundred and twelve.
Chapter 13: Section 61. Board; membership; appointment; terms Section 61. There shall be a board of registration of radio and television technicians, in this section and in sections sixty-two and sixty-three called the board, consisting of seven persons, residents of the commonwealth, five of whom shall have been actively engaged in the business of repair, maintenance and servicing of radio and television receivers as a full time occupation in the commonwealth for the five years next preceding their appointments, and, except in cases of members originally appointed to the board, shall be licensed radio and television technicians. One person shall be a representative of the public, subject to the provisions of section nine B. The members of said board shall be appointed by the governor for a term of three years. Upon the expiration of the term of a member thereof, his successor shall be appointed in like manner for a term of three years.
Chapter 13: Section 62. Meetings; chairman and secretary; quorum; administrator Section 62. The board shall meet in February in each year at such time or place as it shall determine, and shall organize by electing from its own members a chairman and a secretary, who shall hold their respective offices for one year. The secretary shall, before entering upon his duties, give to the state treasurer a bond conditioned upon the faithful discharge of his duties in such amount and with such surety as the board may determine. The board shall hold regular meetings in February, May, August and November and such additional meetings as it may determine, at such times and places as may be agreed upon by its members.
A quorum shall consist of four members. The board shall appoint an administrator, who shall be a licensed radio and television technician and who shall continue to be so licensed as long as he shall hold the said office. He shall not be a member of the board, shall not be subject to chapter thirty-one, shall perform under the direct supervision of the board such duties as the board shall from time to time designate, and shall receive such salary as may be fixed in accordance with the provisions of chapter thirty.
Chapter 13: Section 63. Compensation and expenses Section 63. Each member of the board shall receive twenty-five dollars for each day or portion thereof spent in the performance of his official duties; provided, that the total sum paid to any member thereof shall not exceed six hundred dollars in any one year; and, in addition, all necessary traveling and incidental expenses actually incurred by him in connection with said duties. Such compensation and expenses shall not be in excess of the annual receipts for examination and licensing paid to the commonwealth by the board.
Chapter 13: Section 64. Board; membership; qualifications; appointment Section 64. There shall be a board of registration of chiropractors, in this section and in sections sixty-five and sixty-six called the board, consisting of seven members to be appointed by the governor, who shall be residents of the commonwealth, six of whom shall be registered chiropractors, and one of whom shall be a representative of the public, subject to the provisions of section nine B. Upon the expiration of the term of any member of the board, his successor shall be appointed in like manner for a term of three years. No more than a majority of the board shall be graduates of the same legally chartered chiropractic school or college.
Chapter 13: Section 65. Meetings Section 65. The board shall hold at least two regular meetings in each year for the purpose of examining applicants for registration and the transaction of other business. At its first regular meeting in each year the board shall choose from their own members a chairman and a secretary.
Chapter 13: Section 66. Remittance of fees; compensation and expenses of members Section 66. All fees received by the secretary of the board and not returned to the applicant shall be paid monthly to the state treasurer. Each member of the board shall receive from the commonwealth fifteen dollars for each day or portion thereof spent in the performance of his official duties. Each member shall be paid the necessary traveling and other expenses actually incurred by him in the performance of said duties.
Chapter 13: Section 66A. Repealed, 1983, 606, Sec. 1 Chapter 13: Section 66B. Board; membership; appointment; qualifications; expenses; term of office; vacancies; meetings; powers and duties; rules and regulations Section 66B. There shall be a board of certification of operators of drinking water supply facilities to insure the proper management, operation and maintenance of public water supply systems. The board shall consist of the commissioner of environmental protection or his designee, who shall be chairman, the commissioner of public health or his designee, the chairman of the water resources commission or his designee and four members to be appointed by the governor. Of the appointive members of the board, one shall be a registered professional engineer engaged in the practice of sanitary engineering, one a member of the Massachusetts Labor Organization, one shall be appointed from a list of qualified operators of water supply facilities in the commonwealth which has been recommended by the executive committee of the New England Water Works Association, and the remaining member shall be appointed from a list of qualified persons recommended by the executive board of the Massachusetts Water Works Association. Each appointive member of the board shall receive his necessary traveling expenses actually incurred in the discharge of his official duties, provided that the expenses of the members of the board, and the expenses of the board, including those of such employees as it may appoint, shall not in any one year exceed its receipts. As the term of office of a member of the board expires, his successor shall be appointed in like manner for a term of four years. Said board shall meet at the call of the chairman and shall by rule establish the minimum qualification which must be possessed by operators of drinking water supply facilities. Said board may prepare and conduct examinations, maintain records and may issue and renew, or suspend or revoke, after hearing and for cause, certification of competency. It may adopt such further rules and regulations not inconsistent with the law as it may deem necessary in the performance of its duties.
Chapter 13: Section 67. Board; membership; appointment; qualifications; term of office; vacancies Section 67. There shall be a board of registration of landscape architects, in this section and in sections sixty-eight and sixty-nine called the board, consisting of five members to be appointed by the governor, citizens of the commonwealth, four of whom shall have been engaged in the practice of landscape architecture for a period of ten years or more prior to their appointment, and shall be registered landscape architects, and one of whom shall be a representative of the public, subject to the provisions of section nine B. As the term of office of a member of the board expires, his successor shall be appointed in like manner for a term of four years. Each member shall continue to serve until the qualification of his successor. The governor may also fill any vacancy in the board for the unexpired portion of the term.
Chapter 13: Section 68. Meetings; officers; quorum Section 68. The board shall hold at least two regular meetings each year and may hold such special meetings as it may determine. At the first regular meeting each year, the board shall organize and choose a chairman who shall be a member of the board and a secretary who may, but need not, be a member of the board. At all meetings of the board a quorum shall consist of three members.
Chapter 13: Section 69. Compensation; expenses; clerks Section 69. The members of the board shall serve without compensation, except that there shall be paid by the commonwealth to the secretary, whether a member of the board or not, a salary of five hundred dollars. Each member shall receive from the commonwealth the necessary travel and other expenses actually incurred by him in the performance of his duties. The board may appoint such clerks as may be necessary; provided that the salary of the secretary and expenses of the members of the board and its employees, and the expenses of the board, shall not be in excess of the receipts for registration and from other sources that have been received by the state treasurer from the board.
Chapter 13: Section 70. Board; membership; appointment; qualifications; term of office Section 70. There shall be a board of certification of health officers, in this section and sections seventy-one and seventy-two called the board, consisting of nine members to be appointed by the governor, one of whom shall be an educator in the field of public health administration, one of whom shall be a member of the department of public health in an administrative capacity, five of whom shall be certified local health officers with at least five years experience in public health administration and who shall provide broad geographical representation to the board, one of whom shall be a member of a nongovernmental voluntary health agency with at least five years of public health administrative experience, and one of whom shall be a representative of the public, subject to the provisions of section nine B. Each member shall serve for a term of four years.
Chapter 13: Section 71. Meetings; officers; rules and regulations Section 71. The board shall meet annually in the month of December at such time and place as it shall determine and it shall organize and choose from its own members a chairman, a vice chairman and a secretary who shall hold their respective offices until the next annual meeting. The board shall hold such other meetings at such times and places as it shall determine. It may adopt such rules and regulations not inconsistent with law as it may deem necessary in the performance of its duties.
Chapter 13: Section 72. Compensation and expenses; employees Section 72. Each member of the board other than the employee of the department of public health shall receive from the commonwealth ten dollars for each day or portion thereof spent in attending board meetings and each member shall be paid the necessary travelling expenses actually incurred by him in attending said meetings, provided that such compensation and expenses shall not in one year exceed the receipts from the registrations and licenses. The board may appoint such employees as may be necessary to carry out its duties and may expend therefor such sums as may be appropriated.
Chapter 13: Section 73. Board; membership; appointment; vacancies; removal Section 73. There shall be a board of nursing home administrators, in this section and in sections 74 and 75 called the board, consisting of the commissioner of public health or his designee, the commissioner of public welfare or his designee, the secretary of elder affairs or his designee, and 11 members appointed by the governor. One member shall be an educator actively engaged in the field of health care administration, 1 shall be a medical doctor, 1 shall be a registered nurse, 1 shall be a hospital administrator actively engaged in long term health care administration, and 2 shall be representatives of the public, subject to section 9B. Five members shall be nursing home administrators who shall have been practicing for at least 5 years and who shall be eligible for licensure; and 1 of the 5 shall be the administrator of a nonproprietary nursing home. Not more than 5 members shall be administrators of nursing homes. Each appointive member of the board shall serve for a term of 3 years. Any vacancy shall be filled by the governor for the unexpired term. Members may be removed by the governor for cause after due notice and hearing.
Chapter 13: Section 74. Meetings; officers; rules and regulations Section 74. The board shall hold at least two regular meetings in each year for the purpose of examining applications for registration and the transaction of other business. At its first regular meeting in each year the board shall choose from its own members a chairman and a secretary. The board shall hold such other meetings at such times and places as it shall determine. It may adopt such rules and regulations not inconsistent with law as it may deem necessary in the performance of its duties.
Chapter 13: Section 75. Disposition of fees; compensation and expenses of members; employees Section 75. All fees received by the secretary of the board and not returned to the applicant shall be paid monthly to the state treasurer. Each appointed member shall receive from the commonwealth twenty-five dollars for each day or portion thereof spent in attending board meetings, and each member shall be paid the necessary traveling and other expenses actually incurred by him in attending said meetings; provided that such compensation and expenses shall not in any year exceed the receipts for registration and licenses paid to the commonwealth by the board. The board may appoint such employees as may be necessary to carry out its duties and may expend therefor such sums as may be appropriated.
Chapter 13: Section 76. Membership; appointment; qualifications Section 76. There shall be a board of registration of psychologists which shall consist of nine members to be appointed by the governor. Members of the board shall be residents of the commonwealth and citizens of the United States. Seven members of the board shall be licensed psychologists under the provisions of sections one hundred and eighteen to one hundred and twenty-nine A, inclusive, of chapter one hundred and twelve and shall have been actively engaged in the practice or teaching of psychology or in psychological research for the five years next preceding their appointment. At least four members of said board shall be certified as health service providers by the board under the provisions of sections one hundred and eighteen to one hundred and twenty-seven, inclusive, of said chapter one hundred and twelve. Two members of said board shall be selected from and shall represent the general public.
Chapter 13: Section 77. Term; expiration; appointment of successor Section 77. Upon the expiration of the term of a member, his successor shall be appointed for a term of five years. No member of the board who has served a full five year term shall be reappointed to succeed himself.
Chapter 13: Section 78. Removal of member for cause; notice; right to hearing Section 78. The governor shall have the power to remove from office any member of the board for cause; but no board member may be so removed without being informed in writing at least thirty days in advance of the reasons for his removal and of his right to a public or private hearing with counsel.
Chapter 13: Section 79. Meetings; election of officers; licenses; rules and regulations; compensation; assistants Section 79. The board shall, at its first meeting, and at each annual meeting thereafter, organize by electing from among its members a chairman, a vice-chairman and a secretary. Such officers shall serve until their successors are elected and qualified.
The board shall hold at least two regular meetings each year; but additional meetings may be held upon call of the chairman or the secretary, or at the written request of any three members of the board. Five members of the board shall constitute a quorum.
The board shall examine and pass upon the qualifications of applicants for licenses to practice psychology in the commonwealth and shall issue licenses to qualified applicants, but no action shall be taken with respect to the granting of a license or its revocation or suspension without the concurrence of at least five members of the board. The board shall issue certifications as health service providers to qualified applicants. The board shall adopt a seal which shall be affixed to all licenses issued by the board.
The board, in consultation with the director of consumer affairs and business regulations, shall from time to time promulgate such rules and regulations and such amendments thereof and supplements thereto as it may deem necessary.
The members of the board shall serve without compensation but each member shall be reimbursed for actual expenses reasonably incurred in the performance of his duties as a member on behalf of the board. The board shall be empowered to hire such assistants as it may deem necessary to carry on its activities.
The board may also appoint psychologists, subject to the approval of the director of consumer affairs and business regulations, who meet the qualifications for appointment to the board, to assist it in administering the examination required by section one hundred and twenty of chapter one hundred and twelve. Said assistance shall be provided under the supervision of a board member.
Chapter 13: Section 8. Division of professional licensure; director; duties; compensation; appointment of successor Section 8. There shall be a division of professional licensure under the supervision of a director. Said director shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty, and shall devote his full time during business hours to the duties of his office. Upon the expiration of the term of office of a director, his successor shall be appointed by the governor for a term coterminous with that of the governor.
Chapter 13: Section 80. Membership; appointment; qualifications Section 80. There shall be a board of registration of social workers hereinafter called the board, which shall consist of seven members to be appointed by the governor. Members of the board shall be residents of the commonwealth and citizens of the United States. Four of such members shall represent each of the levels of licensure provided for in section one hundred and thirty-one of chapter one hundred and twelve, except that such members constituting the first board shall be persons who are eligible for licensing as social workers. Three of said four board members shall have had two years experience working in or consulting for an agency with an executive board comprised of community members. Three members of the board shall be selected from and shall represent the general public.
Of the members required to be licensed, one shall be actually engaged in social work education, one shall be actually engaged in the independent practice of clinical social work, and one shall be an active member of an organized labor organization representing social workers. At least one licensed social work member and one member representing the general public shall be from a minority group, as defined by the federal Department of Health, Education and Welfare. At least one member representing the general public shall be a consumer of social work services. No more than four members of the board shall belong to any one political party.
Chapter 13: Section 81. Term Section 81. The term of office of each member of the board shall be three years, except that of the members of the first board, two shall be appointed for terms of one year, two members for terms of two years, and three members for terms of three years. At least one member representing the general public and at least one member from a minority group, as defined by the federal Department of Health, Education and Welfare, shall be appointed for the initial term of three full years.
Chapter 13: Section 82. Removal of member for cause; right to hearing; vacancy Section 82. A member of the board may be removed from office for cause, provided that said member shall have a right to request a public hearing which shall be advertised by notification of the major social work organizations and publication of notices in the commonwealth. Upon the death, resignation or removal for cause of any member of the board, the governor, after consultation with the board, shall fill such vacancy for the remainder of that member’s term.
Chapter 13: Section 83. Compensation Section 83. The members of the board shall serve without compensation but each member shall be reimbursed for actual expenses reasonably incurred in the performances of his duties as a member or on behalf of the board.
Chapter 13: Section 84. Meetings; election of officers; regular and additional meetings; license; fees; powers and duties Section 84. The board shall, at its first meeting, and annually thereafter, organize by electing from its membership a chairman, vice-chairman, and a secretary. Such officers shall serve until their successors are elected and qualified.
The board shall hold at least two regular meetings each year, but additional meetings may be held upon the call of the chairman, or the secretary, or at a written request of any two members of the board. Four members of the board shall constitute a quorum, provided, however, that at least one of those four members shall be a member who was selected from and who represents the general public.
The board shall examine and pass upon the qualifications of applicants for license to practice social work in the commonwealth and shall issue licenses to qualified applicants but no action shall be taken with respect to the granting of a license or its revocation or suspension without the concurrence of at least four members of the board, provided, however, that at least two of those four members shall be members who were selected from and who represent the general public. The board shall adopt a seal which shall be affixed to all licenses issued by the board.
Fees shall be as established and published by the board and shall be non-refundable. Clerical staff and supportive services shall be appointed or provided under the division of professional licensure.
The board shall have the following powers, duties and functions:(a) promulgate rules and regulations that set professional standards for all licensed social workers, including, licensed, independent clinical social workers, and from time to time adopt such other rules and regulations and such amendments and supplements thereto as it may deem necessary;(b) recommend to the governor and the legislature, after a public hearing which shall be advertised by notification of the major social work organizations and publication of notices in the media throughout the commonwealth, modifications and amendments to statutes regulating the licensing of social workers;(c) cause examinations to be held not less than four times a year and carefully evaluate examinations to try to make them free from cultural bias and balanced in theory;(d) annually publish a list of the names and addresses of persons who are licensed to practice social work;(e) set fees for examinations, initial application and renewal procedures at nominal rates sufficient to cover operating expenses incurred by the board in carrying out its functions;(f) establish regulations for continuing education requirements for licenses, and negotiate for a sliding scale fee for such educational requirements with the participating educational institutions. Said regulations shall not require more than two semester hours per year at an accredited educational institution as a condition for continuing registration. Should there not be any continuing education courses available at a fee that an individual applicant can afford, if the applicant meets the other conditions of licensing, the board shall issue a provisional license while continuing to negotiate to make such courses available.
The board shall cause public hearings to be held prior to setting specifications for any continuing education requirements.
The board shall appoint an educational committee consisting of seven members. It shall consist of one social worker actually engaged in the field of social work education, one actually engaged in private agency practice, one actually engaged in independent clinical social work practice and one an active member of an organized labor organization representing social workers, and three members selected from the general public. At least one licensed social worker and one member representing the general public shall be from a minority group, as defined by the federal Department of Health, Education and Welfare. At least one member representing the general public shall be a consumer of social work services. The composition of the educational committee shall represent a balance of theoretical perspectives. The board member representing social work education shall be the chairman of the educational committee. The educational committee shall make specific recommendations on an annual basis to the board concerning continuing education.
(g) investigate all complaints relating to the proper practice of social work by any person licensed under the provisions of section one hundred and thirty-six of chapter one hundred and twelve.
No person filing a complaint, reporting or providing information pursuant to this clause or assisting the board at its request in any manner in discharging its duties and functions, shall be liable in any cause of action arising out of such complaints, reporting or providing of information or assistance; provided, however, that the person making such complaint or reporting or providing such information or assistance does so in good faith. Any complaint, report, record or other information received or kept by the board in connection with an investigation conducted by the board pursuant to this clause shall be confidential; provided, however, that investigative records or information of the board shall not be kept confidential after the board has disposed of the matter under investigation by issuing an order to show cause, by dismissing a complaint or by taking other final action, except as otherwise provided by law or by rules or regulations of the board. The requirement that investigative records or information be kept confidential shall not at any time apply to requests from the person under investigation, the complainant, or such state or federal agencies, boards or institutions as the board shall determine by rule or regulation.
Chapter 13: Section 85. Board; membership; appointment; election of officers; expenses Section 85. There shall be a board of registration for speech-language pathology and audiology, in this section and in sections eighty-six and eighty-seven hereinafter called the board, consisting of five members appointed by the governor. Members of the board shall be citizens of the United States and residents of the commonwealth. One member of the board shall be a representative of the public, subject to the provisions of section nine B, two members shall be certified speech-language pathologists who have had at least three years experience practicing speech-language pathology in the commonwealth immediately preceding appointment, and two members shall be certified audiologists who have had at least three years experience practicing audiology in the commonwealth immediately preceding appointment. Appointments shall be for a period of three years except for the initial appointments of which one shall be for one year, two shall be for two years and two shall be for three years. No member shall be appointed for more than two consecutive terms. In the event of a vacancy in the office of a member of the board other than by expiration of a term, the governor shall appoint a person to fill the vacancy for the unexpired term. The governor shall make the appointments of the speech-language pathologists and audiologists from a list of not less than ten names submitted by the Massachusetts Speech and Hearing Association, Inc.
The board shall elect annually by majority vote a chairperson and a secretary. Three members of the board shall constitute a quorum to do business, provided that at least one speech-language pathologist and one audiologist are present. The board shall meet quarterly or more frequently upon the call of the chairperson of the board.
Members shall receive no compensation for their services but shall be entitled to reasonable travel and other expenses provided that the expenses of the members of the board, the cost of personnel providing services to the board and all other expenses associated with the operation of the board are generated by licensure fees.
Chapter 13: Section 86. Examination, licensing and registration; ethical standards; complaints Section 86. The board shall establish the requirements for registration, establish ethical standards, investigate complaints, evaluate the qualifications of applicants, supervise examinations and grant licenses to those who pass the examination and who are determined to be qualified as speech-language pathologists or audiologists. The board shall also evaluate the qualifications of applicants and grant certificates to those who are determined to be qualified as speech-language pathology assistants or audiology assistants.
Chapter 13: Section 87. Rules and regulations Section 87. The board shall adopt such rules and regulations consistent with law as it may deem necessary in the performance of its duties.
Chapter 13: Section 88. Board of registration of allied mental health and human services professions; membership; appointment; removal Section 88. There shall be within the division of professional licensure a board of registration of allied mental health and human services professions, in this section and sections eighty-nine and ninety, which shall consist of eleven members, one of whom shall be designated as chairperson, to be appointed in the manner provided by section eighty-nine. Of the first board members appointed five shall continue in office for one year, three for two years and three, including the chairperson, shall continue in office for three years. Their successors shall be appointed for terms of three years each except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the board member to be succeeded. Upon the expiration of the term of office, a board member shall continue to serve until a successor shall have been appointed and shall have qualified. No person shall be appointed more than once to fill an unexpired term for more than two consecutive terms. The governor shall designate one board member to serve as chairperson during the term of such person’s appointment to the board; provided, however, that no person shall serve as chairperson for more than three years.
The governor may remove any member of the board or the chairperson from such position as chairperson only for neglect of duty or malfeasance or conviction of a felony or crime of moral turpitude while in office. No member may be removed without a public hearing with at least thirty days prior written notice of the charges and the date fixed for such hearing. No board member shall participate in any matter before the board in which a pecuniary interest, personal bias or other similar conflict of interest is established.
Board members shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of official board business.
Chapter 13: Section 89. Members of board; qualifications Section 89. The governor shall appoint members of the board only from among the candidates who meet the following qualifications:(A) Eight members shall be licensed practicing mental health and human services professionals, two of whom shall be marriage and family therapists, two of whom shall be rehabilitation counselors, two of whom shall be clinical mental health counselors, two of whom shall be educational psychologists; and each shall have been, for at least five years immediately preceding appointment, actively engaged as a practitioner rendering professional services in that field, or in the education and training of graduate students or interns in the field, or in appropriate human developmental research, or in other areas substantially equivalent thereto, and shall have spent the majority of the professional time in such activity during the two years preceding the appointment in the commonwealth. One of the six shall also be a member of a union licensable under sections one hundred and sixty-three to one hundred and seventy-two, inclusive, of chapter one hundred and twelve; and(B) Three members shall be representatives of the general public who have no direct affiliation with the practice of any allied mental health or human services profession.
The initial appointees, with the exception of representatives of the general public, shall be deemed to be and shall become licensed immediately upon their appointment and qualification as members of the board.
The governor shall immediately appoint the first board member to be appointed under this section. The governor shall nominate a new member to fill a vacancy on the board within thirty days of the occurrence of such vacancy.
The appointment of any member of the board shall automatically terminate within thirty days after the date such member is no longer a resident of the commonwealth.
Each appointee shall, upon accepting appointment to the board, take and subscribe to the oath or affirmation prescribed by law and file the same in the office of secretary of state.
Chapter 13: Section 9. Boards subsequently mentioned to serve in division; offices; compensation Section 9. (a) The following boards of registration shall serve in the department of public health: the board of registration in medicine; the board of registration in nursing; the board of registration in pharmacy; the board of registration of physician assistants; the board of registration of perfusionists; the board of registration of nursing home administrators, the board of registration in dentistry, and the board of registration of respiratory therapists.
(b) All other boards of registration and examination mentioned in this chapter shall serve in the division of professional licensure.
(c) Notwithstanding any general or special law to the contrary, all of the board members of the department of public health or the division of registration shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.
Chapter 13: Section 90. Meetings; duties Section 90. The board shall hold at least two regular meetings each year, but additional meetings may be held upon the call of the chairperson, or the secretary, or upon the written request of any two board members. Seven members of the board shall constitute a quorum; provided, however, that at least one of those seven shall be a member who was selected from and who represents the general public. The principal office of the board shall be in the city of Boston but the board may act and exercise all of its powers in such other jurisdictions as it deems necessary.
The board shall administer and enforce the provisions of section one hundred and sixty-three to one hundred and seventy-two, inclusive, of chapter one hundred and twelve. Said board shall promulgate regulations which set forth education requirements necessary for a person to be licensed under the provisions of section one hundred and sixty-five of said chapter one hundred and twelve; and the board may, from time to time, adopt such rules and regulations as it deems necessary to carry out the performance of its duties.
The director of consumer affairs and business regulations shall have authority to review and approve rules and regulations proposed by the board. Such regulations will be deemed approved unless disapproved within fifteen days of submission to said director; provided, however that any such disapproval shall be in writing setting forth the reasons for such disapproval.
Said board shall examine and pass on the qualifications of all applicants for licenses under sections one hundred and sixty-three to one hundred and seventy-two, inclusive, of chapter one hundred and twelve, and shall issue a license to each successful applicant therefor, attesting to their professional qualifications to be a licensed allied mental health and human services professional. After a person has applied for licensure, no member of the board may supervise such applicant for a fee nor shall any member vote on any applicant previously supervised by such member.
The board shall establish standards committees for each allied mental health and human services profession. Each standards committee shall have three members, two of whom shall be the board members representing their respective professions and one of whom shall be a board member representing the general public. Each standards committee, by a majority vote, shall recommend approval or disapproval of the granting of all licenses for that profession, approve the examination required of applicants for licensure in that profession, provide for the grading of that examination and provide for other matters relating to the standards for licensure in that profession.
No decision of a standards committee shall become effective until approved by the board. The board may initiate or otherwise act regarding any matter in which a standards committee is authorized to act. No decision of the board regarding the standards of a particular allied mental health and human services profession shall become effective without the approval of a majority of the standards committee for such profession.
Said board may recommend to the governor and the general court, after a public hearing which shall be advertised by publication of notices to the appropriate mental health and human service professional organizations and in major media outlets throughout the commonwealth, modifications and amendments to sections eighty-eight, eighty-nine and this section and sections one hundred and sixty-three to one hundred and seventy-two, inclusive, of chapter one hundred and twelve.
Said board shall cause examinations to be held not less than twice annually and shall evaluate examinations to keep them free from cultural bias.
Said board shall annually publish a list of names and addresses of persons who are licensed under sections one hundred and sixty-three to one hundred and seventy-two inclusive, of chapter one hundred and twelve.
Fees for examinations and for initial and renewal applications shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven.
Said board shall establish regulations for continuing educational requirements for licensees. Said regulations shall not require more than thirty contact hours per year, on average through the term of the license, of approved continuing education programs as a condition for continuing registration, nor more than fifteen contact hours per year on average for any licensed individual during the term of their employment by the commonwealth or any political subdivisions thereof.
Said board shall cause public hearings to be held prior to setting specifications for any continuing educational requirements.
The board shall establish procedures to permit consumers to file written complaints against licensed individuals and investigate and take appropriate action on such complaints.
Chapter 13: Section 91. [There is no 13:91.
] Chapter 13: Section 92. Board of real estate appraisers; membership; appointment; expenses Section 92. There is hereby established a board of real estate appraisers which shall consist of seven members to be appointed by the governor, two of whom shall be members of the general public, in accordance with the provisions of section nine B, one of whom shall be a member of the banking industry, one of whom shall be a licensed real estate broker, and three of whom shall be real estate appraisers. Each real estate appraiser member of the board appointed after January first, nineteen hundred and ninety-two shall be a state-licensed or state-certified real estate appraiser under the provisions of sections one hundred and seventy-three to one hundred and ninety-five, inclusive, of chapter one hundred and twelve. One of the appraiser members shall be a state-certified general real estate appraiser, one shall be a state-certified residential real estate appraiser, and one shall be a state-licensed real estate appraiser. One of the real estate appraiser members of the board shall be an assessor in a city or town in the commonwealth.
The appraiser members appointed before January first, nineteen hundred and ninety-two shall have seven years full-time experience in the real estate appraisal field; one such appraiser member shall have had primary work experience in commercial appraisals and one such appraiser member in residential appraisals.
The term of each appointed member shall be three years; provided, however, that, of the members first appointed, three shall serve for three years, two for two years and two shall serve for one year.
Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a member of the board for more than two consecutive terms. The appointing authority may remove a member for cause.
Each member of the board shall be paid for expenses actually incurred in the performance of official duties.
The board shall annually elect a chairperson from among its members.
A quorum of the board shall be five members.
The board shall hold at least six meetings each year and may hold special meetings as required at a time and place determined by the board.
The director of the division of registration, with approval of the board, shall appoint an executive secretary to serve the board. The division of professional licensure shall employ such other clerical and technical assistants as may be necessary to discharge the official duties of the board.
Chapter 13: Section 93. Board of registration of hearing instrument specialists; members Section 93. There shall be a board of registration of hearing instrument specialists, hereinafter called the board in sections 93 to 95, inclusive, consisting of five members appointed by the director and one nonvoting advisory member who shall be a dispensing audiologist in private practice who has engaged in hearing aid dispensing for at least three years. Members of the board shall be citizens of the United States and residents of the commonwealth. One member shall be a hearing aid user who has no affiliation in any way with hearing aid dispensing, three members shall be hearing instrument specialists registered in the commonwealth with a minimum of five years experience in dispensing hearing aids and one member shall be a representative of the public who shall have neither hearing aid industry nor consumer affiliations. All board members shall be subject to the provisions of chapters 268A and 268B.
Appointments to the board shall be for a period of three years except for the initial appointments, two of which shall be for one year and the three remaining members for two years. No member shall be appointed for more than two consecutive full terms. In the event of a vacancy prior to the expiration of a term, the director shall appoint a person to fill the vacancy for the remainder of the unexpired term. The director may make the appointments using lists of candidates for members provided by the Massachusetts commission for the deaf and hard of hearing, with its advisory council, and the Massachusetts Hearing Aid Society and a list of candidates for the nonvoting advisory member audiologist from the Massachusetts Speech and Hearing Association. The hearing instrument specialists initially appointed to the board shall have a minimum of three years experience in dispensing hearing aids in the commonwealth and shall hold certification as a hearing instrument specialist from a national certifying body.
The board shall annually elect a chairman, by a majority vote, from its membership. A quorum of the board shall be three members. The board shall meet quarterly or more frequently upon the call of the chairman or upon the call of the majority of board members. Members shall receive no compensation for their services but shall be entitled to reasonable travel expenses for the purpose of attending board meetings; provided, however, that the expenses of the members of the board and the nonvoting advisory member audiologist, the cost of personnel providing services to the board and all other expenses associated with the operation of the board shall be generated by application and registration fees.
Chapter 13: Section 94. Board duties Section 94. The board shall establish the requirements for registration, establish standards of professional and ethical conduct, authorize and conduct appropriate examinations to determine the qualifications of applicants, grant registrations and licenses to qualified applicants, establish minimum procedures for reviewing and investigating complaints, investigate complaints and set and administer penalties as defined in section 200 of chapter 112 for fraudulent, deceptive, professionally incompetent and unsafe practices in hearing aid dispensing and for violations of the rules and regulations as promulgated by the board.
The board shall adopt such rules and regulations covering the details of the process of complaint investigation in conjunction with the director of registration, a systematic procedure for managing complaints, hearings, appeals and penalties, the process of registration, standards of practice of hearing aid dispensing, oversight and review and other such regulations as it may deem necessary in the performance of its duties.
The board shall annually compile a list of names and addresses of individuals licensed as hearing instrument specialists and apprentices in the commonwealth which shall be held by the board and made available to members of the public upon request.
The board shall administer and enforce the provisions of sections 196 to 200, inclusive, of said chapter 112.
Chapter 13: Section 95. Evaluation of board’s performance Section 95. Beginning January 1, 1999 and every three years thereafter, the state auditor shall conduct a performance review in accordance with generally accepted government auditing standards in cooperation with the division, the board and appropriate consumer and governmental agencies to evaluate the performance of the board and the consumer protection provided by the statute and regulations, and shall submit a written report to the house and senate post audit and oversight committees, to the clerks of the house of representatives and the senate and to the chairs of the legislature’s joint committee on health care detailing whether the services provided by the board are providing consumer protection and adequately meeting consumer needs.
Chapter 13: Section 96. Board of registration of home inspectors; members Section 96. There is hereby established within the division of professional licensure, a board of registration of home inspectors. Said board shall consist of five members to be appointed by the governor for terms of three years. The members so appointed shall be residents of the commonwealth, three of whom shall be licensed home inspectors who have been actively engaged in the practice of home inspection in the commonwealth for at least five years immediately preceding their appointment and who shall have performed not less than 1,000 home inspections for compensation, one of whom shall be a licensed home inspector who has been actively engaged in the practice of home inspection in the commonwealth for at least five years immediately preceding his appointment and who has performed not less than 150 home inspections for compensation and one of whom shall be a consumer who shall be the owner and principal resident of a residential building. All board members shall be subject to the provisions of chapter 268A.
Of the initial members appointed to said board, two shall serve for terms of three years, two shall serve for terms of two years and one shall serve for a term of one year. Each member of said board shall hold office until his successor has been qualified. A vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member shall serve more than two consecutive terms which shall not include any unexpired term to which he has been appointed. A member may be removed by the governor for cause.
Said board shall annually elect from among its members, by majority vote, a chairman and vice-chairman. Said board shall meet at least once every three months and may hold additional meetings as necessary to discharge its duties. Members shall receive no compensation but shall be entitled to reasonable travel expenses.
Chapter 13: Section 97. Duties of board; informational brochure on home inspections Section 97. Said board shall (i) establish the requirements for licensure and for the standards of professional and ethical conduct; (ii) authorize and conduct appropriate examinations to determine the qualifications of applicants; (iii) grant licenses to qualified applicants; (iv) establish standards for continuing education; and (v) set and administer penalties as defined in section 206 of chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by said board.
Said board shall make available to the public a list of licensed home inspectors and associate home inspectors.
Said board shall publish a code of ethics.
The director of consumer affairs and business regulation, after consultation with the board of registration of home inspectors and the board of registration of real estate brokers and salespersons, shall publish an informational brochure on home inspections which shall be issued to home buyers at the signing of the first written contract to purchase. The brochure shall include a definition of a home inspection such that the nature and extent of a home inspection is made clear to a client or prospective client. The brochure shall also include information regarding inspections for lead paint, radon, and termites and other woodboring insects. The joint committee on government regulations and the house and senate committees on post audit and oversight shall receive a copy of the proposed brochure and shall be provided with an opportunity to comment on it 60 days before the brochure is submitted for publication.
Said board shall administer the provisions of sections 201 to 206, inclusive, of said chapter 112 and shall promulgate such rules and regulations as may be necessary to implement the same.
Chapter 13: Section 9A. Rules and regulations governing examinations Section 9A. The director, subject to the approval of the governor and council, may make such rules and regulations governing the conduct of written and oral examinations by the several boards of registration and examination aforesaid as shall tend to standardize procedure and protect the commonwealth and applicants for registration against fraud; provided, that nothing in this section shall prevent any such board from adopting under authority of other provisions of law specific rules and regulations which are not in conflict with the rules and regulations authorized by this section.
Chapter 13: Section 9B. Boards of registration; conflicting interests of public or lay members restricted; delegation of duties to single members; policy matters; definitions Section 9B. (a) A public member or a lay member of any board shall not be, nor shall he have been within the period of five years immediately preceding his appointment, any of the following:(1) An employer, or an officer, director, or substantially full-time representative of an employer or group of employers, of any licentiate of such board, except that this shall not preclude the appointment of a person who maintains infrequent employer status with such licentiate, or maintains a client, patient, or customer relationship with any such licentiate which does not constitute more than two per cent of the practice or business of the licentiate.
(2) A person maintaining a contractual relationship with a licentiate of such board, which would constitute more than two per cent of the practice or business of any such licentiate, or an officer, director, or substantially full-time representative of such person or group of persons.
(3) An employee of any licentiate of such board, or a representative of such employee, except that this shall not preclude the appointment of a person who maintains an infrequent employee relationship or a person rendering professional or related services to a licentiate if such employment or service does not constitute more than two per cent of the employment or practice of the member of the board.
(4) A spouse, parent, grandparent, step-mother, step-father, step-son, step-daughter, child, grandchild, brother, sister, half-brother, half-sister, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, niece, nephew, uncle, aunt, of a licentiate of such board.
(b) A public member, or a lay member, shall not have been engaged at any time within five years immediately preceding his appointment in pursuits which lie within the field of the industry or profession regulated by the board of which he is a member, nor shall he engage in any such pursuits during his term of office.
(c) If any board shall as a part of its functions delegate any duty or responsibility to be performed by a single member of such board, such delegation shall not be made solely to any public member or any lay member of the board in any of the following instances:(1) The actual preparation of, the administration of, and the grading of, examinations.
(2) The inspection or investigation of licentiates, the manner or method of practice or doing business, or their place of practice or business.
(d) Nothing in this section shall be construed as precluding a public member or a lay member from participating in the formation of policy relating to the scope of the activities set forth in subdivisions (1) and (2) of paragraph (c) of this section or in the approval, disapproval or modification of the action of its individual members, nor preclude such member from participating as a member of a subcommittee consisting of more than one member of the board in the performance of any duty.
(e) “Board”, as used in this section, includes a board, commission, examining committee, or other similarly constituted body exercising powers under this chapter. “Licentiate” as used in this section means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this chapter.
Chapter 13: Section 9C. Boards of registration; members; public employees for certain purposes Section 9C. The members of the boards of registration shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.
Section 1. There shall be a department of revenue, in this chapter called the department, which shall be organized into administrative units as established by the commissioner and as may be established in or assigned to the department by the secretary of administration; provided, however that there shall be a division of inspectional services, independent of any other administrative unit, an office of problem resolution, a division of local services, including a bureau of local assessment and a bureau of accounts to be headed by a director of accounts, and a division of child support enforcement. Each division shall be headed by a deputy commissioner and the bureau of accounts shall be headed by a director. Each deputy commissioner, each chief of bureau and the director of the bureau of accounts shall be appointed by the commissioner with the approval of said secretary, and may be removed in like manner; each shall be a person of ability and experience, and shall devote his entire time to the duties of his office; provided, however, that the positions as deputy commissioners, chiefs of bureaus and director shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty.
Since the tax revenues that support a free and open government depend upon a tax system in which its citizens have the highest degree of public trust and confidence, it is hereby declared that the promotion of such trust and confidence in the department of revenue is a paramount public purpose; that the administration of tax laws of the commonwealth shall be free from any influence that may compromise, or appear to compromise, its objectivity in any manner whatsoever; that the duties and responsibilities assigned to such department shall be carried out with the highest standards of professionalism and ethical behavior; and that its officials and employees shall act with integrity, impartiality and equality, without regard to political concerns. It is hereby further declared that the provisions of this chapter be interpreted and administered in a manner that will foster these goals; that such department attract skilled and proficient personnel through the development and continuing implementation of career advancement and promotion exclusively on the basis of excellence, and that both the public and the employees of such department be made clearly and unequivocally aware of the necessarily high standards of conduct required by and applicable to the administration of the tax laws.
The commissioner may designate a competent employee in the bureau of accounts to perform the duties of the director of accounts in case of his absence, death or disability; and notes of counties, towns and districts, when certified by such employee, shall have the same validity as if certified by the director.
There shall be within the department of revenue, but not subject to its control or supervision, the appellate tax board established by section one of chapter fifty-eight A.
Section 1A. There shall be within the department of revenue a division of child support enforcement headed by a deputy commissioner, and such other administrative units as may be established in or assigned to said division from time to time by the commissioner. Said deputy commissioner shall be appointed by the commissioner with the approval of the secretary of administration, and may be removed in like manner, shall be a person of ability and experience and shall devote his entire time to the duties of his office. Said position shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Said division shall be a separate administrative unit within the department, operating independent of and apart from the operational state and local tax or finance units therein. Said division shall be provided with such resources as may be necessary to implement the provisions of chapter one hundred and nineteen A. The commissioner of revenue shall have authority to delegate any child support enforcement powers or duties assigned to him under any provision of law to the IV–D agency.
The commissioner may appoint and remove such additional assistants, technical consultants, contractors and other persons, may engage such other technical, contractual and other assistants as the work of said division may, from time to time, require and may develop and maintain a data processing installation exclusively for the automated collection, disbursement and data systems of said division.
Section 2. The commissioner of revenue, in this chapter called the commissioner, shall be appointed by the secretary of administration and finance, with the approval of the governor, and may be removed in like manner; the commissioner shall be a person of ability and experience, shall devote full time to his duties and shall not hold any other salaried public office, or engage in any business or profession for profit during his incumbency; his entire time to the duties of his office, and shall perform such functions as said secretary shall from time to time assign to him; provided, however, that the position of commissioner shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty.
The commissioner shall give to the state treasurer a bond for the faithful performance of his official duties in a penal sum and with sureties approved by the governor. The commissioner shall receive a salary of thirty-five thousand fifty-three dollars.
Section 3. The commissioner shall be responsible for administering and enforcing all laws which the department is or shall be required to administer and enforce. He shall be the executive and administrative head of the department, and each division, bureau, section and district office thereof shall be under his direction, control and supervision.
The commissioner shall assign to all officials, agents, clerks and other employees of the department their respective duties, and may transfer them. He may from time to time authorize any official of the department to exercise in his name any power or to perform in his name any duty which is or shall be assigned to him by any provision of law, and may at any time revoke any such authority. He may from time to time designate such employees of the department as he deems expedient as deputy collectors. Such deputies shall give bond for the faithful performance of their duties in such sum and in such form and subject to such conditions as he may prescribe, shall have all the powers of collectors under chapter sixty, and shall serve without pay except for their regular compensation as employees of the department.
The commissioner shall establish offices of the department in jurisdictions outside the commonwealth for the purpose of administering and enforcing the tax laws of the commonwealth, including the conduct of audit and compliance activities. Notwithstanding the provisions of section four, positions assigned to offices of the department outside the commonwealth shall not be subject to the provisions of chapter thirty-one, sections nine A and forty-five of chapter thirty or chapter one hundred and fifty E. The salaries of such positions shall be determined by the commissioner subject to the approval of the secretary of administration.
Section 3A. For the purposes of collecting certain taxes, the commissioner is authorized to enter into agreements with one or more private persons, companies, associations or corporations doing business in the commonwealth to provide collection services within and outside the commonwealth with respect to unpaid taxes. No such agreement shall be entered into unless proposals for the same have been invited by public notice published in at least one newspaper once a week for at least two consecutive weeks and the last publication to be at least one week prior to the time specified for the opening of said proposals. All such proposals shall be opened in public. The commissioner may reject any or all of such proposals. The commissioner shall not assign the account of any taxpayer to a private collection agency until such taxpayer has been sent a notice at least thirty days prior thereto, of the intention of the commissioner to so assign the collection of such unpaid taxes of such taxpayer. Any such agreement may provide, in the discretion of the commissioner, the manner in which the compensation for such services will be paid. Under standards established by the commissioner, such compensation shall be added to the amount of the tax and collected as a part thereof by the contractor; deducted and retained by the contractor from the amount of tax collected; or paid by the commonwealth from the amount of tax collected without further appropriation therefor.
The commissioner shall, as part of his annual report under section six list all private persons, companies, associations or corporations with whom the commissioner has agreements for collection services during the fiscal year and the amount of taxes collected by and the compensation paid to each such person, company, association or corporation.
positions Section 4. Any person appointed to any supervisory position in the department, whether or not the same shall be classified under chapter thirty-one, shall be a person with experience and skill in the field of taxation or in the field of the duties of such position. So far as feasible each appointment to each such position not so classified shall be made by promoting an employee of the department serving in a position so classified; and in such event upon termination of his service in such supervisory position such employee shall, at his request, be restored to his former position without loss of seniority and with full civil service status and rights therein; except that if such termination shall have been caused by his delinquency, his right to be so restored shall be determined in accordance with section forty-three of chapter thirty-one.
No position shall be created in the department, except the positions of deputy commissioner, chief of bureau and director of accounts unless and until the same shall be classified under chapter thirty-one; provided, however, that the secretary from time to time may, upon recommendation of the commissioner of revenue and the personnel administrator, exempt from the requirements of this paragraph positions with significant supervisory duties; provided, further, however, that at no time shall there be more than twenty-five positions in the aggregate not so classified because of any such exemption or exemptions.
organization Section 5. Within each of the divisions established in section one the commissioner shall, with the approval of the secretary, from time to time establish such branches, bureaus, sections, offices and other units as shall be necessary for efficient and economical administration of the work of the department, and, if necessary for such purpose, may with the approval of the secretary, from time to time consolidate or abolish the same. He shall prepare and keep current a general statement of such organization of the department, of the assignment of functions to its various administrative units, officials and employees, and of the established places at which and methods whereby the public may secure information or make requests. Such statement shall be known as the department’s “description of organization”. He shall file with the state secretary an attested copy of such description and of each amendment thereto, and the substance of it shall be included in each annual report he shall make to the governor and the general court.
Section 6. In addition to exercising the powers and performing the duties which are or shall be assigned to the commissioner by chapters fifty-eight to sixty-five C, inclusive, and by any other provision of law, the commissioner:1. Shall make, with the approval of the secretary, and from time to time may revise, in like manner, such reasonable regulations, not inconsistent with law, as may be necessary to interpret and enforce any statute imposing any tax, excise or fee which is or shall be assessed or collected by the commissioner, or to prescribe the procedures to be followed within the department in seeking an abatement, refund, reimbursement or other relief under such statute. In each instance such regulations shall be general in scope and subject to the requirements of section thirty-seven of chapter thirty and section two of chapter thirty A.
2. Shall prepare and submit to the governor and the general court an annual report containing data and comment on the work of the department, recommendations for legislation or other action by the governor or general court, and such other information relating to the field of taxation as may be appropriate. Such report shall be printed, and copies thereof shall be made available for public distribution.
3. Shall require that whenever the department identifies a husband and wife in any communication, document or writing intended for use outside the department, the department shall use the name of both husband and wife and shall not use a legal phrase as a substitute for either name.
4. Shall, no later than the last Wednesday of each calendar year, prepare a statement which sets forth in simple and nontechnical terms:(a) the rights of a taxpayer and the obligations of the commissioner during an audit;(b) the procedures by which a taxpayer may appeal any adverse decision of the commissioner, including administrative and judicial appeals;(c) the procedures for processing applications for abatement and filing of taxpayer complaints; and(d) the procedures which the commissioner may use in enforcing the tax laws of the commonwealth, including assessment, jeopardy assessment, levy and distraint, and enforcement of liens.
The commissioner shall transmit copies of the statement required under this paragraph to the house and senate committees on ways and means and to the joint committee on taxation no later than the last Wednesday of January in each calendar year, and shall distribute the statement, or information as to where and the manner in which a copy of such statement may be obtained, to all taxpayers the commissioner contacts with respect to the determination or collection of any tax administered by him, other than by providing tax forms. The commissioner shall take such actions as he deems necessary to ensure that such distribution does not result in multiple statements being sent to any one taxpayer.
5. Shall make, with the approval of the secretary, and from time to time may revise, in like manner, such reasonable regulations as may be necessary to guarantee the prompt return to taxpayers of refunds resulting from the overpayment of taxes; to guarantee the earliest possible rendering of abatement decisions, including the requirement that refunds resulting from abatement decisions be issued to taxpayers within thirty days of such decisions.
6. Shall be allowed to participate with the division of employment and training in a program which permits employing units subject to chapter 151A to file with the department of revenue a consolidated return which includes, but is not limited to, unemployment insurance, unemployment health insurance, workforce training, income tax withholding and wage reporting information together with the required payment.
quotas Section 7. The commissioner shall not rely solely upon records of tax enforcement results to evaluate employees, nor their direct superiors, involved in tax collection activities, and shall not use such records to enforce or suggest individual production quotas or goals with respect to any such employees.
Section 8. To promote the fair and equitable enforcement of the tax laws of the commonwealth, the commissioner shall establish annual training programs for all employees of the department of revenue, including those in managerial or supervisory positions, who work directly in tax administration, in particular those in the audit, customer service and legal bureaus. Such training shall be designed to ensure that audits are conducted on a consistent basis and that information provided to taxpayers is accurate. Further, the commissioner shall establish periodic training programs to ensure that all employees who work directly in tax administration are informed of and understand the department of revenue’s policy concerning recent developments in the tax law, including the department of revenue’s interpretation of recent court decisions and regulatory changes.
Section 1. There shall be a department of education, in this chapter called the department, which shall be under the supervision and control of a board of education.
Chapter 15: Section 12. Repealed, 1965, 572, Sec. 8 Chapter 15: Section 13, 13A. Repealed, 1966, 535, Sec. 3 Chapter 15: Section 14. Repealed, 1925, 286, Sec. 1 Chapter 15: Section 15. Repealed, 1966, 535, Sec. 3 Chapter 15: Section 15A. Repealed, 1970, 887, Sec. 3 Chapter 15: Section 15B. Library center for visually-handicapped children Section 15B. There shall be established in the division of special education a library center for the acquisition, maintenance and distribution of books and other material deemed essential to the proper instruction and training of visually-handicapped children.
Chapter 15: Section 16. Teachers’ retirement board; establishment; duties; membership Section 16. There shall be a teachers’ retirement board for the purpose of administering the teachers’ retirement system established under the provisions of chapter 32. Such board shall consist of seven members as follows: the commissioner of education, or his designee, who shall be a member ex officio and who shall serve as chairman, the state treasurer, or his designee, the state auditor, or his designee, a fourth member who shall be appointed by the governor for a term of four years and who shall be a retired former public school teacher within the commonwealth, two members who shall be elected by the members in or retired from service of such system from among their number in such manner and for such term, not exceeding four years, as the commission shall determine, and a seventh member who shall be chosen by the other six for a term of four years. Future elections of the fifth and sixth members shall be held under the supervision of such retirement board and the terms of the fifth and sixth members shall be arranged so as not to expire in the year of expiration of the term of the seventh member. If a seventh member is not chosen by the other six members within 30 days after the expiration of the term of the seventh member, the governor shall appoint a seventh member for a term of four years. Each member of such retirement board shall continue to hold office until the expiration of his term and until the qualification of his successor. Upon the expiration of the term of office of any elected, chosen or appointed member or in case of a vacancy in either of said offices, a successor shall be elected, chosen or appointed as aforesaid for a four-year term or for the unexpired portion thereof, as the case may be, except that in no event shall the term of the seventh member expire in the same year as the term of either the fifth or sixth member.
Chapter 15: Section 17. Member’s reimbursement for expenses Section 17. The members of the teachers’ retirement board shall serve without compensation, but they shall be reimbursed from the expense fund of the teachers’ retirement system for any expense or loss of salary or wages which they may incur through service on the board. All claims for reimbursement on this account shall be subject to the approval of the governor and council.
Chapter 15: Section 18. Executive director; salary; additional employees Section 18. The teachers’ retirement board shall appoint and may remove an executive director and shall establish his salary. Subject to the approval of said board, the executive director shall employ other employees, prescribe their duties and fix their compensation; provided, however, that the salaries of said employees shall not exceed the sum annually approved therefor by said board. The provisions of sections nine A, forty-five, forty-six and forty-six C of chapter thirty, chapter thirty-one, and chapter one hundred and fifty E shall not apply to any employee of the board.
Chapter 15: Section 18A. Purchase of annuities or other investments Section 18A. As used in this section, the words “includible compensation” and “custodial account” shall have the same meaning as in section 403(b) of the Internal Revenue Code of 1986, as amended; and the word “premiums” shall include contributions to a custodial account.
The state board of education on behalf of any employee of the department of education, the board of higher education on behalf of any employee of said board on behalf of any employee of said council, the state colleges or the community colleges, the board of trustees of the University of Massachusetts on behalf of any employee of said university, the boards of trustees of the Bristol county agricultural school, the Essex agricultural and technical institute and the Norfolk county agricultural school, on behalf of any employee at their respective schools, and the board or other body or officer of any other public educational institution maintained and operated by the commonwealth or by any county, on behalf of any employee thereof, may enter into a written agreement with any such employee to purchase an individual or group annuity contract or any other investment approved by the internal revenue service guidelines relative to section 403(b) of the Internal Revenue Code of 1986, as amended, for such employee; provided, however, that in no event shall the total of the premiums paid for the purchase of such annuity or other investment and such employee’s includible compensation for any year exceed the total annual salary or compensation under the existing salary schedule for the job group applicable to such employee in such year. Such employee’s rights in such annuity contract or other investment shall be nonforfeitable.
Any such annuity contract shall be purchased only from an insurer authorized to issue life insurance or annuity contracts in the commonwealth; provided, however, that such board or other body or officer may agree with any employee or prospective employee who has an annuity contract in force for at least ninety days prior to the effective date of such agreement to continue to make premium payments under such contract subsequent to the effective date of such agreement, without regard to whether or not such contract has been issued by an insurer authorized to issue such contracts in the commonwealth, but in such case any subsequent contract shall be purchased only from an insurer authorized to issue life insurance or annuity contracts in the commonwealth.
Upon execution of such an agreement, such board or other body or officer, shall forthwith give written notice thereof to the treasurer of the commonwealth or the county or to the appropriate payroll officer of such educational institution, as the case may be, and shall certify the amount and dates of premiums payable under the terms of such annuity contract or of the custodial agreement setting up the custodial account to hold such other investment; the name of the issuer of such annuity contract or the custodian of such custodial account; and the office to which such premium payments shall be made. Said treasurer or other payroll officer shall thereafter make such premium payments while said contract or custodial agreement is in force and such employee is actively employed by such board, and upon written notice duly given by such board or other body or officer, shall make any changes in the manner or amount of premium payments required under the terms of any subse- quent agreement entered into by such employee and such board or other body or officer, and shall stop such premium payments when so notified by such board or other body or officer.
Chapter 15: Section 19 to 19B. Repealed, 1980, 329, Sec. 111 disqualification; tenure; vacancies; chairman; expenses; meetings; student advisory and regional councils [First paragraph effective until July 1, 2005. For text effective July 1, 2005, see below.
] Section 1E. There shall be in the department a board of education, in this section and in sections one F and one G called the board, which shall consist of the chairman of the student advisory council established under this section, the chancellor of higher education, one representative of a labor organization selected by the governor from a list of three nominees provided by the Massachusetts State Labor Council, AFL-CIO; one representative of business or industry selected by the governor with a demonstrated commitment to education; and five additional members selected by the governor. In making such additional selections, the governor shall seek to appoint persons who are from geographically diverse regions of the commonwealth and who are familiar with the differing interests, perspectives and needs of urban, rural and suburban school districts. No appointive member of said board shall be employed by or receive regular compensation from the department of education, or from any school system, public or independent, in the commonwealth, or serve as a member of any school committee. Not more than two appointive members of said board shall be employed on a full-time basis by any agency of the commonwealth. Upon the expiration of the term of office of an appointive member of said board, his successor shall be appointed for a term of five years. No person shall be appointed to serve more than two full terms, provided, however, that only service on or after July 1, 1996 shall be counted for this purpose. Prior service on said board for a term of less than three years, resulting from an initial appointment or an appointment for the remainder of an unexpired term, shall not be counted as a full term. If a member is absent from any four regularly scheduled monthly meetings, exclusive of July and August, in any calendar year, his office as a member of said board shall be deemed vacant. The chairman of the board shall forthwith notify the governor that such vacancy exists. A person affiliated with an independent institution of higher education shall be eligible for membership on said board. No member of said board shall be found to be in violation of section six of chapter two hundred and sixty-eight A for conduct which involves his participation, as a member of said board, in a particular matter before said board which may affect the financial interest of an independent institution of higher education with which he is affiliated; provided, however, that said member, his immediate family or partner has no personal and direct financial interest in said particular matter; and provided, further, that such affiliation is disclosed to said board and recorded in the minutes of the board.
[First paragraph as amended by 2004, 234, Sec. 1 effective July 1, 2005. See 2004, 234, Sec. 2. For text effective until July 1, 2005, see above.
] There shall be in the department a board of education, in this section and in sections 1F and 1G called the board, which shall consist of the chairman of the student advisory council established under this section; the chancellor of higher education; the commissioner of early education and care; 1 representative of a labor organization selected by the governor from a list of 3 nominees provided by the Massachusetts State Labor Council, AFL-CIO; 1 representative of business or industry selected by the governor with a demonstrated commitment to education; 1 representative of parents of school children selected by the governor from a list of 3 nominees provided by the Massachusetts Parent Teachers Association; and 3 members selected by the governor. In making such additional selections, the governor shall seek to appoint persons who are from geographically diverse regions of the commonwealth and who are familiar with the differing interests, perspectives and needs of urban, rural and suburban school districts. No appointive member of said board shall be employed by or receive regular compensation from the department of education, or from any school system, public or independent, in the commonwealth, or serve as a member of any school committee. Not more than two appointive members of said board shall be employed on a full-time basis by any agency of the commonwealth. Upon the expiration of the term of office of an appointive member of said board, his successor shall be appointed for a term of five years. No person shall be appointed to serve more than two full terms, provided, however, that only service on or after July 1, 1996 shall be counted for this purpose. Prior service on said board for a term of less than three years, resulting from an initial appointment or an appointment for the remainder of an unexpired term, shall not be counted as a full term. If a member is absent from any four regularly scheduled monthly meetings, exclusive of July and August, in any calendar year, his office as a member of said board shall be deemed vacant. The chairman of the board shall forthwith notify the governor that such vacancy exists. A person affiliated with an independent institution of higher education shall be eligible for membership on said board. No member of said board shall be found to be in violation of section six of chapter two hundred and sixty-eight A for conduct which involves his participation, as a member of said board, in a particular matter before said board which may affect the financial interest of an independent institution of higher education with which he is affiliated; provided, however, that said member, his immediate family or partner has no personal and direct financial interest in said particular matter; and provided, further, that such affiliation is disclosed to said board and recorded in the minutes of the board.
The members of the board shall be reimbursed for their necessary expenses incurred in the performance of their duties.
The chairperson of the board shall be appointed by the governor.
The board shall meet not fewer than ten times annually at the call of the chairman.
There is hereby established a student advisory council to the board of education, consisting of four elected representatives from each student regional council established under the provisions of this section, one of whom shall be a student in a vocational secondary school. The members of said student advisory council shall by majority vote prior to the first day of June in each year elect from their number a chairman who shall serve for a term of one year.
Said student advisory council shall meet from time to time and shall consider such matters as it deems appropriate for its chairman to place before the board.
There are hereby established not less than five nor more than fifteen student regional councils, whose membership shall be limited to elected student representatives from the secondary schools of the commonwealth who have been residents of the commonwealth for at least six months prior to their election. Said student regional councils shall consist of not less than twenty nor more than forty-five student representatives.
No person shall be eligible to be elected to a student regional council unless at the time of his election he is enrolled as a student in a secondary school within the commonwealth. If at any time during his term of office a member of a student regional council ceases to be so enrolled, his membership shall be terminated and his position shall be terminated and his position shall be deemed vacant. A vacancy on the student advisory council prior to the expiration of a term shall be filled for the remainder of the term in the same manner as elections to full terms. A vacancy on a student regional council shall be filled by a majority vote of the entire membership of said regional council. The terms of the elected members of the student advisory council and of the student regional council shall be not more than three years, but no member shall be prevented from running for election for three successive terms. Members of student regional councils shall serve without compensation except that they shall be reimbursed for necessary expenses incurred in travelling to and from meetings.
Each student regional council shall meet from time to time with the student advisory council to advise said council regarding business that it deems appropriate to be considered by said advisory council.
salary Section 1F. The board of education shall by a two-thirds vote of all its members appoint a commissioner of education, in this chapter called the commissioner, and may in its discretion by majority vote of all its members remove him. He shall be the secretary to the board, its chief executive officer and the chief state school officer for elementary and secondary education. The commissioner shall receive a salary to be determined by the board.
Section 1G. There shall be established advisory councils to the board in the following areas: early childhood education; life management skills; home economics; educational personnel; fine arts education; gifted and talented education; math and science education; racial imbalance; parent and community education and involvement; special education; bilingual education; technology education; vocational-technical education; violence prevention; adult basic education; global education and comprehensive health education and human service programs.
The members of these councils shall serve without compensation but may be reimbursed subject to appropriation for expenses necessarily and reasonably incurred in the performance of their responsibilities. Each council shall be composed of members who shall be recommended by the commissioner and appointed by the board and who shall not, by virtue of their membership, be deemed state employees under chapter two hundred and sixty-eight A. Members shall be appointed for a term of three years. No member shall serve for more than two consecutive terms. The members serving on such councils may be school committee members, school superintendents, professional educators, parents or students. A reasonable balance of members representing business, labor, civic, educational, parental and professional groups shall be maintained. Members serving on such councils shall represent a reasonable geographic balance.
The members of the council on education personnel shall have demonstrated scholarship, creativity, or distinguished service in education, and shall be broadly representative of all areas of public education.
The members of the council on technology education shall have demonstrated scholarship or creativity in, or distinguished service to technology education, and shall be broadly represented in all areas of technology education in the comprehensive school.
The council on global education shall include the directors of each of the bay state centers for global education.
The members of the council on math and science education shall have demonstrated scholarship or creativity in, or distinguished service to science or mathematics, and shall be broadly representative of all areas of science and mathematics.
The advisory council on early childhood education shall include a member representing private early childhood education providers and a member representing the Massachusetts Head Start Directors Association.
There shall be twelve voting members of the advisory council for special education, six of whom shall be parents of children with special needs. The commissioners of the departments of mental health, mental retardation, public health and public welfare shall each appoint a representative to serve as ex officio members of the advisory council for special education. At all times the makeup of the advisory council for special education shall comply with requirements of federal law. There shall be twelve voting members of the advisory council for bilingual education, six of whom shall be parents of bilingual students.
The advisory council for comprehensive interdisciplinary health education and human service programs shall consist of at least fifteen, but shall not exceed thirty, members who represent school counseling professionals, health home economics educators, child and adolescent health service providers, teachers, parents, high school students, school administrators and officials, and the departments of welfare, public health, mental health, youth services, social services, the office for children, a suicide prevention specialist, a substance abuse specialist, a school age child care specialist, a youth programming expert and a member of the clergy.
The duties of the advisory council on vocational-technical education shall be performed by the state council on vocational education as constituted under federal vocational-technical education law. The state council on vocational-technical education shall also advise the board on school to work policies. The board may appoint up to three additional members to this council and such members’ responsibilities shall be limited to duties required under this statute only.
The advisory council on violence prevention shall consist of twelve members, who shall include one assistant district attorney, one assistant attorney general, two teachers of public schools in the commonwealth, one duly elected member of a school committee in the commonwealth, one school district superintendent in the commonwealth, one principal of a public school in the commonwealth, one police chief and two students enrolled in secondary public schools in the commonwealth. Of the student members, at least one shall have experience with a youth violence prevention program.
The commissioner, with the approval of the board, shall appoint the chair of each council. The commissioner or his designee shall serve as the secretary to each council.
Each council shall make other programmatic recommendations as it deems necessary to fulfill the goals established by the board.
The commissioner, with the approval of the board, may establish such other advisory groups as deemed necessary to assist in developing educational plans or programs to advance the purposes of the department.
The board shall further establish a school breakfast and summer food service outreach program. Said program or elements of said program shall be operated directly through the department or contracted out.
(a) Said program shall be designed to:(i) increase the participation of low-income children in existing school breakfast programs and secondarily to encourage other schools to start a breakfast program. The target of said program is to bring the participation level of children who qualify for free or reduced price breakfasts under federal income eligibility guidelines to at least eighty-five percent of those eligible;(ii) increase the number of summer food service programs offered across the state, with particular emphasis on needy communities, and to ensure that at least eighty-five percent of the children eligible under federal income guidelines participate in these programs.
(b) The school breakfast related outreach program activities shall include, but not be limited to:(i) development of an outreach campaign to promote the link between a nutritious breakfast and the ability to learn; to make the school breakfast program attractive to all children; and to create a positive picture of school as a basic source of breakfast for all income groups. The efforts should be particularly targeted toward communities with the highest need and should include outreach to linguistic minorities;(ii) technical assistance shall be provided and technical assistance materials shall be produced including, but not be limited to, facts and guidelines on United States Department of Agriculture requirements; ideas for increasing participation; ideas for safeguarding confidentiality; ways to involve parents and other members of the community; and suggestions for creative menus; and(iii) technical assistance shall be provided for the development of new and innovative proposals including a “school breakfast period” during existing school hours in schools in which a majority of children are program eligible, and a universal breakfast program in school systems with eighty percent of the students eligible.
(c) The summer food service related outreach program activities shall include, but not be limited to:(i) an outreach effort to public schools, public entities and private non-profit agencies which would be eligible to provide the summer food services program. Said outreach shall include information and incentives to encourage eligible organizations to be local sponsors or meal preparation sites for the federal summer food service program;(ii) ongoing support and technical assistance shall be made available to existing programs year round to ensure that they continue to offer the program and to assist in increasing participation levels;(iii) reviewing and developing training methods and materials provided however that particular attention be given to providing appropriate training for first time sponsors;(iv) targeting communities and schools which have the highest percentage of program eligible children and establishing an order of descending priorities based on the percentage of program eligible children; provided, however, that there should be a concerted effort to outreach potential participants who are linguistic minorities; and(v) establishing start up grants not to exceed two thousand five hundred dollars to encourage the participation of first time summer food service sites.
(d) In all activities of this school breakfast and summer food service outreach program, local communities shall be encouraged and assisted in maximizing the use of federal resources.
(e) Said school breakfast and summer food service outreach program shall work to ensure that local programs are carried out in a manner which protects the confidentiality of those children receiving subsidized meals.
(f) The commissioner shall submit a report to the clerk of the house of representatives who shall forward the same to the joint committee on education, arts and humanities on or before December thirty-first, nineteen hundred and ninety-four and on December thirty-first of each year thereafter. The report shall include, but not be limited to: the percentage of eligible children participating in school breakfast programs statewide during the previous school year; the amount of additional federal dollars brought into the state by all school breakfast and summer food service outreach program activities; the number of additional school breakfast and summer food service programs started in the preceding year; and the increase in participation in summer food services and school breakfast programs.
formulation of plans; effect of non-compliance; denial of state aid; transportation costs; equal education improvement fund; guidelines Section 1I. The board of education, in this section called the board, shall provide technical and other assistance in the formulation of plans to reduce or eliminate racial imbalance to be filed as provided by section thirty-seven D of chapter seventy-one, may approve such plans if they meet the requirements of said section thirty-seven D, and shall provide technical and other assistance for the implementation of approved plans and mandatory plans. If a school committee or a regional district school committee has failed to file with the board a plan within the time limit established by regulation of the board as provided by said section thirty-seven D or has filed a plan which does not meet the requirements of said section thirty-seven D, the board shall consult with and, after a public hearing, make specific recommendations for such a plan, together with an explanation of how such recommendations meet the requirements of said section thirty-seven D, to such school committee or regional district school committee, and such school committee or regional district school committee may file a revised plan in response to such recommendations; provided, however, that if the board has not approved such a plan or its revision within four months after the time limit established by such regulation of the board for its filing, the board may order that its recommendations shall be the mandatory plan to be implemented by such school committee or regional district school committee to meet the requirements of said section thirty-seven D. Any such recommendations and any such mandatory plan may include any of the following measures, and no others, to meet the requirements of said section thirty-seven D: additions to existing school buildings, use of leased or portable facilities, and changes in use of school buildings.
If, following the receipt of notification from the board that racial imbalance exists, any school committee or regional district school committee does not show progress within a reasonable time in reducing or eliminating racial imbalance in its schools as provided by said section thirty-seven D, the commissioner of education shall not certify the amount of state aid for such city or town or for such towns which are members of such regional school district, as required by section five of chapter seventy, and the board shall not approve any project for school construction for such city, town, or regional school district under chapter 70B and the commissioner of education may notify the commissioner of revenue and the comptroller to hold such funds as have been so certified under said section five but have not been disbursed. Thereafter, upon receipt by the board of plans acceptable to it and showing progress within a reasonable time in reducing or eliminating racial imbalance in its schools as provided by said section thirty-seven D, the commissioner of education may notify the commissioner of revenue and the comptroller to pay any such withheld funds to such city or town in such amounts and at such times as he may designate, and the board may approve such projects.
The commonwealth shall, subject to appropriation and upon approval of the board, pay to a city, town, or regional district school committee one hundred percent of the cost of transportation of non-white pupils and minority pupils as defined in regulations promulgated under the federal Emergency School Aid Act, Public Law 92–318, as amended, transferred from schools in which racial imbalance exists and one hundred per cent of the cost of transportation of white pupils transferred from schools in which racial isolation exists to schools in which racial imbalance or racial balance exists for the purpose of reducing or eliminating racial imbalance as provided by said section thirty-seven D. The commonwealth shall, subject to appropriation and upon the approval of the board, also pay to a city, town or regional district school committee one hundred per cent of the cost of transportation of pupils for the purpose of reducing or eliminating an imbalance of minority students, as defined in regulations promulgated under the federal Emergency School Aid Act, Title VII of Public Law 92–318, as amended.
The board of education shall designate and administer a separate “Equal Education Improvement Fund” for each city, town or regional school district participating under the provisions of the act, to be known as the (name of city, town or regional school district) Fund. The Commonwealth shall, subject to appropriation, pay into such fund, five hundred dollars for each non-white pupil transferred from a school in which racial imbalance exists to a school in which racial isolation or racial balance exists, and five hundred dollars for each white pupil transferred from a school in which racial isolation exists to a school in which racial imbalance or racial balance exists for the purpose of reducing or eliminating racial imbalance.
The board shall establish guidelines by which the school committee of a city, town, or regional school district participating under the provisions of this act, may prepare and submit to the board for its approval, a plan(s) for a program(s) including an estimate of expenses necessary to implement such plan, to improve the quality of education in said city, town or regional school district. Upon approval of such plan or plans, the board shall designate that the amount needed for such plan be paid to the applying community from the Equal Education Improvement Fund of said city, town or regional school district.
The board may add to such funds such monies as are appropriated therefor and pursuant to regulations promulgated thereto and as requested of the Department for the purposes of voluntary transfers of students under Chapter 15, for magnet school programs, for minority teacher and administrator recruitment and salary supplementation in the public schools, and for inservice teacher training projects.
or revised plans; jurisdiction Section 1J. Within thirty days after (1) a school committee or regional district school committee declines to accept the recommendations made to it by the board of education, in this section called the board, (2) the board disapproves a revised plan filed with it by a school committee or regional district school committee, or (3) the board orders that its recommendations shall be the mandatory plan to be implemented by a school committee or regional district school committee, such school committee or regional district school committee may file a petition for judicial review in the superior court for the county in which it is located or in the supreme judicial court for Suffolk county. The court may affirm such recommendations, disapproval, or order of the board and require compliance with such mandatory plan by appropriate order; or, if it finds and rules that such recommendations, disapproval, or order is (a) in excess of the statutory authority or jurisdiction of the board, (b) based upon an error of law, or (c) arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law, then it may set aside such recommendations, disapproval, or order and remand the matter to the board for further action.
The supreme judicial and the superior court shall have jurisdiction in equity upon petition of the board of education to order funds withheld as provided in section one I for such period of time as the court may determine.
funding Section 1R. The board of education shall provide for the establishment of school library and nonprint media services, including:(1) the acquisition or rental of library and nonprint media materials, resources, and appropriate equipment.
(2) supplementary library and nonprint media subprofessional personnel.
(3) consultative services.
Funds as may be appropriated shall be disbursed according to a formula established by the board which shall take into account the average expenditure over the immediately preceding five years by the local school committee for the library and nonprint media resources; the ratio of library and nonprint media center professional staff to pupil enrollment; the per pupil expenditures for said staff; and the current year school committee expenditure for library and nonprint media resources.
In certifying school library and nonprint media programs eligible for aid, the board shall establish minimum standards for personnel, accessibility of resources, appropriateness of library and nonprint media services and the local budget support.
Chapter 15: Section 20 to 20D. Repealed, 1980, 329, Sec. 111 TECHNOLOGY Chapter 15: Section 21. Repealed, 1980, 329, Sec. 111 Chapter 15: Section 21A. Repealed, 1980, 329, Sec. 111 Chapter 15: Section 22, 23. Repealed, 1964, 561, Sec. 4 Chapter 15: Section 24. Repealed, 1980, 329, Sec. 111 Chapter 15: Section 25, 26. Repealed, 1965, 572, Sec. 8 Chapter 15: Section 27 to 39A. Repealed, 1980, 329, Sec. 111 Chapter 15: Section 40 to 45. Repealed, 1989, 653, Sec. 16 Chapter 15: Section 46 to 51. Repealed, 1993, 71, Sec. 10 Chapter 15: Section 52. Essential skills discretionary grant program; basic skills remediation programs; dropout prevention programs Section 52. The board shall establish an essential skills discretionary grant program. The board may make grant awards to school districts with high concentrations of low income students, high concentrations of students deficient in basic skills, or high concentrations of students likely to drop out of school, as determined by the board for basic skills remediation programs or dropout prevention programs. The board shall primarily use the statewide basic skills test results in determining recipients of essential skills grants under this section for basic skills remediation programs.
Basic skills remediation programs may provide supplemental instructional materials, additional teachers or teachers aides, counseling or guidance personnel, remedial instruction and tutoring, extended day tutorial programs, and enhanced instruction within the regular classroom and other classrooms to students in grades one through nine. Said board shall solicit proposals for the basic skills remediation program. Priority for such grants shall be given to individual districts containing one or more most-at-risk schools as defined by section forty-nine A which do not receive funding under chapter seventy A; provided, however, that the proposed program focuses on the most-at-risk schools. Applications shall include: a statement of need, of how funds will be targeted to students in need of basic skills remediation, and of how local efforts will be evaluated. School committees shall use the statewide basic skills test as part of their program evaluation but may use other criteria as well.
Dropout prevention programs may include counseling programs to improve school discipline, work-study or cooperative education, alternative education part-time employment and school-to-work transition programs. The board shall solicit proposals for dropout prevention programs for students in grades seven to twelve, inclusive. Applications shall include a statement of need, program objectives and implementation, program evaluations, and proposed linkages with business, labor, higher education and other agencies. Proposals which provide matching funds from local, federal and private sources shall be given priority. Each school committee applying for funds for a dropout prevention program shall appoint an advisory council comprised of parents, teachers, administrators and representatives of business, labor, higher education and other community agencies. Council members shall be broadly representative of the racial and ethnic diversity of the commonwealth. The advisory council shall assist in the development of the application proposal and in program implementation.
The board shall evaluate proposals, provide technical assistance. Programs and services provided under this section shall supplement, not supplant, programs and services provided under chapters seventy-one A, seventy-one B, and seventy-four. Seventy-five per cent of funds appropriated for the essential skills grant programs shall be allocated to the basic skills remediation programs, and twenty-five per cent of said funds shall be allocated to dropout prevention programs.
Chapter 15: Section 53. Repealed, 1993, 71, Sec. 11 Chapter 15: Section 54. Early care and education services; proposals; funding; early childhood office; state advisory board Section 54. (a) The board may contract with school districts, head start agencies, and other child care providers to provide early care and education opportunities to three-year-old and four-year-old children of working parents. Pursuant to this section, the department shall seek to increase the availability of early care and education services and to encourage all local providers of such services to work together to create an array of options allowing families to select programs that fit with their schedules. Not less than one-third of the total slots funded shall provide full-day, full-year care that meets the needs of parents who work full-time. All slots funded pursuant to this section shall be in addition to existing services and shall be responsive to the needs of working parents.
(b) The board may establish standards for pre-kindergarten programs delivering services pursuant to this section, and said standards shall meet or exceed the existing standards of the office for children for programs which serve three- and four-year-old children in whole and half day programs. The board shall collaborate with the Office for Children, the Massachusetts Association of Day Care Agencies, Parents United for Child Care, the Young Men Christian Associations of Massachusetts, the Massachusetts Independent Child Care Organization, and Head Start to develop, for said programs, a common set of standards and licensing procedures built around the National Academy of Early Childhood Programs accreditation process; provided that said procedures may include regulations regarding physical facilities and equipment that shall be the minimum standards for said programs notwithstanding stricter provisions of the existing regulations promulgated by the office for children.
(c) There shall be not more than one proposal submitted for each town. The proposal shall be developed by a community partnership council comprised of a principal, three individuals who provide care and education to young children, two parents of young children, a member of the local resource and referral agency, a representative of the local head start agency, a representative of private providers of child care, and others with experience in the care and education of young children. The council shall select a lead agency, which may be the school district, a head start agency, or a licensed child care agency. Council members shall be broadly representative of the racial and ethnic diversity of the community. The council shall develop a proposal which the lead agency shall submit to the department. Each member of the council may include comments in the final proposal submitted to the department.
(d) The lead agency may subcontract with other public and private agencies to provide services; provided that any teacher employed by the contracting school district in pre-kindergarten and kindergarten is not displaced as a result of such contract.
(e) Proposals shall describe how the services provided will meet the needs of working parents in the local community. Proposals should include a mix of programs: full-day, full-year programs to meet the needs of parents who work full time; part-day programs operating during different parts of the day to serve parents with various work schedules; and other options the local council determines will allow the system to best serve the needs of parents and children. Community partnership councils are encouraged to develop collaborative programs that coordinate services from various providers whenever such coordination can facilitate the efficient provision of early care and education services. Community partnership councils are further encouraged to develop proposals that include linkages with other human services agencies and which seek to combine a number of funding sources. Other agencies and programs may include, but are not limited to, state and federal nutrition programs and public health programs.
(f) All funds provided pursuant to this section shall provide services to children of working parents. For purposes of this section, “children of working parents” shall include any child of a two-parent family in which both parents work either full-time or part-time, and any child of a single-parent family in which the parent works either full-time or part-time; provided, however, that a child of working parents admitted to a program shall be allowed to remain in that program for the remainder of the year regardless of whether said child’s parents continue to be working parents.
(g) Funds provided pursuant to this section shall not be used to provide services to those eligible for child-care services provided by the department of transitional assistance; provided, however, that local councils shall seek to coordinate programs funded by this section with services funded or operated by the department of transitional assistance and other sources, including Head Start, Title 1 of the elementary and secondary education act, the department of social services, special education departments of local schools, and full-fee-paying parents. The department shall work in conjunction with the department of transitional assistance to obtain federal reimbursement pursuant to title IV-A of the Social Security Act for all participants in publicly funded early care and education programs who are eligible for such reimbursement. The department, in cooperation with the executive office of health and human services, shall assure that early care and education services are no less available in the aggregate to the children of disabled parents than they are to the children of non-disabled parents.
(h) Families with incomes below the statewide median income level shall be given priority for all services provided pursuant to this section. Families receiving services pursuant to this section shall make payments in accordance with the sliding scale fee schedules promulgated by the executive office of health and human services, without regard for the eligibility standards established by said executive office.
(i) Proposals pursuant to this section shall include the following: a statement of need; a description of unmet needs and existing resources; program objectives and implementation plan; evaluation components; contractual arrangements with other service providers; and linkages and funding arrangements with other public or private agencies. All programs providing services pursuant to this section shall seek accreditation from the National Academy of Early Childhood Programs. Proposals that include costs for training shall describe the type of training to be provided and an explanation of how that training will improve the services provided.
(j) The board shall establish an office of school readiness which shall be responsible for developing program standards for early childhood programs operated by school districts, excluding any subcontractors that are not school districts, and teacher certification standards for those early childhood teachers who are required to receive such certification. The office may, pursuant to this section, provide technical assistance to other providers of early care and education services. The office shall be responsible for the administration of all department early childhood programs for children from birth through age six. It shall be the mission of the office to work in conjunction with the office for child care services, and such other state agencies as may be appropriate, to develop a statewide system of early childhood programs that promotes school readiness, early literacy and academic success for all Massachusetts children entering primary education. The office may submit legislative and budgetary recommendations to the commissioner, the clerk of the house of representatives and the clerk of the senate, and the house and senate committees on ways and means which it deems necessary to promote school readiness or improve the delivery of early education in the commonwealth.
(k) The board shall appoint a state advisory council on early care and education. Members of the advisory council may include, but are not limited to, teachers, parents, representatives of state human service agencies, private providers of child care, higher education, business, labor, and government. Council members shall be broadly representative of the racial and ethnic diversity of the commonwealth. The advisory council shall conduct a comprehensive study of future trends in early care and education, including the provision of services for children from birth to age three, and shall examine all early care and education services provided by the state to evaluate which populations have the greatest need for services, to what degree those populations are served by the program created by this section as well as by other existing services, and shall develop strategies for serving all unserved segments of the population. The council shall report its findings to the board, the chairmen of the house and senate committees on ways and means, the house and senate chairmen of the joint committee on education, arts and humanities and the secretary of administration and finance not later than January first of each odd-numbered year. In addition, the advisory council shall review early care and education program evaluations, certifications and program standards, and make recommendations to the board on needed program changes. The board shall report on the progress of the early care and education program and make recommendations to the general court by filing the same with the clerks of the house of representatives and of the senate on or before June thirtieth of each year.
Chapter 15: Section 55. REACH awards Section 55. The board of education shall establish a program entitled Recognizing Educational Achievement, hereinafter referred to as REACH. The purpose of REACH shall be to recognize and reward public schools for noteworthy improvement and achievement in a variety of categories consistent with the goals for education established by the board of education. The board shall promulgate regulations for implementation of the program.
Subject to appropriation in fiscal year nineteen hundred and eighty-nine, and in each year thereafter, the board shall award cash grants to elementary schools, secondary schools or to school districts which demonstrate significant improvement in any area of educational achievement, including but not belimited to, the following:(a) the increase in the percentage of students passing all three sections of the basic skills test;(b) the maintenance of at least a ninety-five per cent passing rate on all three sections of the basic skills test for no less than two successive years;(c) the number of students who previously failed any of the basic skills areas but who succeed in passing upon retesting in grades nine through twelve;(d) the increase, over the previous year, in the percentage of eligible school age children residing in the district and attending the public schools;(e) the decrease in the school’s or the district’s dropout rate;(f) the promotion of physical and emotional well-being and a positive school environment that fosters self-esteem;(g) the improvement of critical thinking and communication skills;(h) the recognition of the rights and responsibilities of citizenship in a democratic society;(i) the cultivation of shared values and mutual respect;(j) the appreciation of the arts and the encouragement of creative expression;(k) the understanding of history and the humanities;(l) the comprehension of mathematics, the sciences, and the uses of technology;(m) the mastery of foreign languages and interest in foreign cultures;(n) the development of occupational and vocational skills; and(o) the stimulation of desire for lifelong learning.
Eligibility for REACH awards shall be defined in regulations for implementation of the program. Said regulations shall include, but not be limited to, provisions to ensure that achievement in one of the foregoing clauses occurs while maintaining appropriate achievement in other such clauses, and provisions to sanction schools or school districts which falsify data or results on which REACH awards are based.
No school shall receive the financial portion of a REACH award in a school district in which (1) the educational portion of local expenditures has declined in any year since fiscal year nineteen hundred and eighty-six, or (2) where any school receiving a REACH award does not receive at least the average per pupil local budget support received by other schools of the same classification and grade level in the district, or (3) where the absolute level of financial support for the public schools in the city, town, or regional school district has decreased. No district shall receive the financial portion of a REACH award if the education portion of local expenditures has declined in any year since fiscal year nineteen hundred and eighty-six. In the case of a school district which fails to meet the aforementioned criteria, the board of education may also consider eligible those schools or districts in which the per pupil educational portion of local expenditures, adjusted for inflation and other factors, has not declined in any year since fiscal year nineteen hundred and eighty-six.
REACH awards shall be in the amounts of not less than twenty-five thousand dollars for an elementary school, fifty thousand dollars for a secondary school, and one hundred thousand dollars for a school district.
Distribution of school awards shall be by the school improvement council for efforts to improve the conditions of learning and teaching and to enhance the educational program, so long as such expenditures do not supplant regular school district expenditures, expenditures from state education programs, and current school operating costs, supplies, utilities, existing building and equipment maintenance, and existing staff salaries and wages. All decisions of the school improvement council regarding the expenditure of awards under this section shall be submitted to the school committee. Said expenditure decision may be vetoed by a majority recorded vote of said school committee. If no such vote is rendered by said committee within thirty days of receipt of said decision, it shall be deemed to be approved. Distribution of district awards shall be proposed by the superintendent and shall be approved by the school committee. REACH awards shall be deposited with the treasurer of the city, town, regional school district or independent vocational school in a separate account to be expended by the school improvement council for school awards or the superintendent for district awards without further appropriation.
Indicators of student outcomes, based on data submitted to the board, shall be the primary determinant for awards under this section. The board may appoint distinguished panels of experts to review candidates and to make recommendations to the board for REACH awards and recognition.
Chapter 15: Section 55A. Office of educational quality and accountability; educational management audit council Section 55A. There shall be established an office of educational quality and accountability, hereinafter referred to as the office, within the department of education but not subject to its control. The purpose of the office shall be to provide an independent mechanism to verify the efforts of schools and school districts to promote a higher level of academic achievement by students.
The governor shall appoint a five-member council, known as the educational management audit council, hereinafter referred to as the council. One member shall be designated by the governor to serve as chairperson of the council. Residency in the commonwealth shall not be required of the members of the council. Members shall not be compensated for their service but may be reimbursed for necessary expenses incurred in the performance of their duties. No members of said council shall be employed by or receive regular compensation from the department of education, or from any school system, public or independent, in the commonwealth, or serve as a member of any school committee or any board of trustees of a charter school. Not more than two members of said council may be employed on a full-time basis by any agency of the commonwealth, including a public college or the University of Massachusetts. Members shall be appointed for terms of five years; provided, however, that of the first members appointed, one shall be appointed for one year, one for two years, one for three years, one for four years and one for five years. Members may be reappointed but no person shall be appointed to serve more than two full terms. Prior service on said council for a term of less than five years, resulting from an initial appointment or an appointment for the remainder of an unexpired term, shall not be counted as a full term. If a member is absent from any three regularly scheduled meetings in any calendar year, his position on the said council shall be deemed vacant. The chairperson of the council shall forthwith notify the governor that such vacancy exists.
The council shall meet not less than quarterly on a date set by the chairperson and at such other times at the call of the chairperson; provided, however, that the first meeting of the council shall be convened within 30 days after the members have been appointed. The council shall: (1) establish the annual goals for the office; (2) review and approve the protocols for the audit and inspection of schools and school districts, including regional school districts; (3) review the findings of audits and inspections undertaken by the director pursuant to this section; (4) review the performance of the director of the office; and (5) make recommendations to facilitate the improvement of schools to the governor, the board of education, the general court, and the local school committee or board of trustees, when appropriate. The council may coordinate with the activities of the board of education to implement section 1J of chapter 69 and with the activities of the education reform and review commission established pursuant to section 79 of chapter 71 of the acts of 1993.
Subject to appropriation, the council shall employ a director and establish the salary for the director. Pursuant to the office’s appropriation, the director shall employ such inspectors, auditors, professional assistants, attorneys, consultants and other staff as he deems necessary to fulfill the responsibilities of the office and shall determine their salaries and duties. The provisions of section 45 of chapter 30, chapter 31 and chapter 150E shall not apply to employees of the office. The request for the annual appropriation required to carry out the mandate of the office shall be submitted by the chairman of the council to the governor, the secretary of administration and finance and the chairman of the board of education.
The office shall act as an independent auditing body verifying educational measurements and tests conducted by or for the department of education in implementing the mandates and directives of chapter 71 of the acts of 1993. The office shall perform not less than 24 school district audits annually. Specifically, the office shall have the following duties: (1) verify the accuracy of reports of schools and districts by conducting or contracting for periodic program and fiscal audits as necessary; (2) investigate allegations of any breach of academic integrity in the administration of any assessments administered by the department of education; (3) undertake inspections of schools and school districts to determine the quality of instruction, the performance of administrative, instructional and other staff and make recommendations about the school and school district goals and performance; (4) review the district’s MCAS success plan, if any, submitted to the department of education pursuant to section 1I of chapter 69 and evaluate the implementation of said plan; (5) review the district’s implementation of any MCAS grants received to develop or enhance academic support services for students scoring in level 1 or 2; (6) review the impact of unanticipated growth in enrollments and the cost of special education on municipal education budgets, where applicable including, but not limited to, the impact of said costs on other areas of appropriation within the municipal budget; (7) evaluate the alignment of curriculum and professional development plans with the state curriculum and assessments; (8) review the progress of student achievement.
For the purposes of any inspection, or audit, the director shall have access to all necessary papers, vouchers, books, and records pertaining to a school, including a charter school, a school district, and regional school district. Schools, school districts and school personnel shall cooperate with the director for purposes of any inspection or audit pursuant to this section, including but not limited to, participating in interviews and producing books and documents. The council shall ensure that any instance of noncompliance with law, misfeasance or malfeasance law shall be referred to the attorney general of the commonwealth and the commissioner of education for appropriate action.
The council shall transmit its findings and any resultant recommendations to the governor, the board of education, the attorney general, the president of the senate, the speaker of the house of representatives, and the clerk of the house of representatives who shall forward the same to the joint committee on education, arts and the humanities. The council shall compile these audits and inspections into annual reports due each year on the anniversary date of the first meeting of the council.
Chapter 15: Section 56. Repealed, 1993, 71, Sec. 12 Chapter 15: Section 57. Instructional materials grant program Section 57. The board shall establish an instructional materials grant program to provide financial assistance to school districts for the purchase of textbooks, workbooks, audio-visual materials, library books and materials, laboratory kits, and other instructional materials. Grants shall be awarded to those districts in need of assistance as determined by the board following inventories of such materials conducted by the board from time to time. In awarding grants under this section, the board shall give priority to school districts receiving equal educational opportunity grants pursuant to chapter seventy A.
Chapter 15: Section 58. Leadership academy; training for school principals and supervisory personnel Section 58. The board shall establish a unit designated as the leadership academy which shall provide training to school principals and other supervisory personnel. Such training shall include, but not be limited to: training in personnel evaluation methods, techniques for developing cooperative relationships with parents and community organizations, school based management skills and curriculum development.
Chapter 15: Section 59. Repealed, 1996, 58, Sec. 10 Chapter 15: Section 60. Reimbursement of costs to cities and towns Section 60. The commissioner of administration shall convene a working committee made up of his own designee, a designee of the commissioner of education and a designee of the local government advisory committee to establish guidelines for purposes of reimbursing cities and towns for the reasonable costs associated with the implementation of sections forty-nine and fifty of this chapter and section thirty-eight of chapter seventy-one. Such guidelines shall be filed by the working committee with the house and senate committees on ways and means and shall become effective only upon approval by said committees. Reimbursements of costs made pursuant to such guidelines shall constitute complete satisfaction of the obligation of the commonwealth to assume such costs pursuant to any general or special law.
Chapter 15: Section 61, 62. Repealed, 1993, 71, Sec. 13 Chapter 15: Section 63. Carnegie school grant program; establishment Section 63. There is hereby established a Carnegie school grant program for the purpose of encouraging the public schools of the commonwealth to plan and develop innovative organization and management systems at the school building level, aimed at empowering public school professionals and improving student learning. The Carnegie school grant program shall encourage and support the development of management systems that provide increased autonomy and discretion for school-based professionals and shall encourage innovative organizational strategies to enhance student learning.
Chapter 15: Section 64. Carnegie school grant program; definitions Section 64. As used in sections sixty-three to sixty-five, inclusive, the following words shall have the following meanings:—“Carnegie school”, an individual public school, including a school operated by an educational collaborative established under section four E of chapter forty, which operates pursuant to a system of governance set out in an approved Carnegie school plan.
“Carnegie school plan”, a comprehensive three-year strategy approved by the board of education which restructures the school building governance and educational environment, and empowers public school teachers and other professional staff by enabling them to participate in and design the public school governance and organization. Such plan may also include financial decisions on how Carnegie school grant funds are to be allocated at the school building level.
“Waiver”, a written agreement between the school-based planning team and an involved organization allowing exemptions from regulations, local school policies, or contractual provisions which, in the opinion of a school-based planning team, are necessary to implement the provisions of the Carnegie school plan. Said waiver may be approved by the board only when the board is convinced that the intent of existing rights and protections accorded to students is maintained or enhanced, and where there is reasonable promise of improved student achievement.
Chapter 15: Section 65. Carnegie school grant awards; application; approval; deposit of funds Section 65. The board may award planning and implementation grants to individual public schools which apply for approval as Carnegie schools. In order to be eligible for approval as a Carnegie school an individual public school, subject to the approval of the school committees having jurisdiction over the public school, shall submit an application to the board, developed by a school-based planning team consisting of the building principal, at least five teachers elected by their peers and two other professionals employed at the school, two parents of children attending the school, chosen in elections held by the local parent-teacher organization under the direction of the principal of such school or, if none exists, chosen by the school committee; for school buildings containing any of the grades nine to twelve, inclusive, on secondary student attending said school building elected annually by the students of said grades, and one community representative.
Each application shall set forth the plan for the proposed Carnegie school, and shall include a detailed description of how the school governance will be restructured; how increased student learning will be achieved; the school’s goals, including a description of the process to be followed in obtaining necessary approvals from the school committee and waivers from the appropriate organizations; and the objectives to be accomplished in each of the three years covered by the plan. The application may also include the following: a description of the proposed means for restructuring the school’s governance, educational climate and environment, a description of the impact that the restructuring will have on the professional lives of teachers and other professional staff, the impact on student learning, a description of the current school organization, a statement of program objectives, and procedures for evaluation of the program. In addition, the application shall include the names of the individuals comprising a development team which shall be responsible for implementation of the approved Carnegie school plan. Said team may include, but shall not be limited to school building teachers, administrators and other professionals, parents of children attending the school, representatives of the community, and school committee members. Once the plan is developed, the staff of the school shall be given the opportunity to sign the plan to indicate their support.
An individual school whose Carnegie school plan has received initial approval by the board shall receive a one year planning grant for the purpose of assisting the school-based planning team in completing the planning necessary for full implementation of the Carnegie school plan.
At the end of the period covered by the planning grant, the school shall submit its Carnegie school implementation plan to the board for final approval. Subject to the attainment of stated goals, the board may annually award grants for not more than three successive years for implementation and administration of Carnegie school plans. In each such year award of the implementation grant shall be subject to a determination by the board that the goals and objectives set forth in the approved Carnegie school plan have been achieved. No Carnegie school plan may be submitted for final approval by the board for implementation unless it is approved by majority vote of the school committee having jurisdiction over the individual public school.
The department of education shall provide technical assistance to schools whose Carnegie school plans have received initial approval by the board.
Notwithstanding any general or special law to the contrary, a school committee may approve the restructuring of school governance pursuant to a Carnegie school plan. Said approval shall be subject to obtaining the appropriate waivers.
Grants awarded under this section shall be deposited with the town, city, collaborative, or regional district treasurer in a separate account to be expended without further appropriation by the Carnegie school development team pursuant to this section for the purposes authorized by the Carnegie school planning or implementation grants.
This account may also be credited with funds received from any corporation, whether public or private; private individual; or from any government.
No public school shall receive funds through the Carnegie school grant program if, (1) said school is within a city, town, or regional school district in which the share of local expenditures allocated to the support of the public schools has declined since fiscal year nineteen hundred and eighty-six, or (2) any schools receiving Carnegie school grants have received average per pupil support less than that received on average by other schools of the same classification and grade level in the district, or (3) the absolute level of financial support for the public schools in the city, town, or regional school district has decreased. In the case of a school district which fails to meet the aforementioned criteria, the board of education may also consider eligible those schools in which the per pupil educational portion of local expenditures, adjusted for inflation and other externalities, has not decreased in any year since fiscal year nineteen hundred and eighty-six.
Chapter 15: Section 7. Repealed, 1931, 426, Sec. 1 Chapter 15: Section 8. Repealed, 1960, 429, Sec. 1 Chapter 15: Section 9 to 11. Repealed, 1977, 565, Sec. 3 Section 1. It is hereby declared to be the policy of the commonwealth to provide, foster and support institutions of public higher education that are of the highest quality, responsive to the academic, technical and economic needs of the commonwealth and its citizens, and accountable to its citizens through lay boards, in the form of the board of higher education and the boards of trustees of each of the system’s institutions.
It is hereby further declared that in pursuit of its stated goals, the system of public higher education will strive for excellence in its programming and strengthen the access of every individual in the commonwealth to educational opportunities.
It is hereby further declared that by maintaining a high quality system of public colleges and universities, the commonwealth moves toward achieving the following goals:—(a) to provide its citizens with the opportunity to participate in academic and educational programs for their personal betterment and growth, as well as that of the entire citizenry;(b) to contribute to the existing base of research and knowledge in areas of general and special interest, for the benefit of our communities, our commonwealth and beyond; and(c) to understand the importance of higher education to the future of the economic growth and development of the commonwealth, and, by so doing, prepare its citizens to constitute a capable and innovative workforce to meet the economic needs of the commonwealth at all levels.
The board of higher education, in this chapter called the board or the council, shall be responsible for defining the mission of and coordinating the state’s system of higher education in accordance with the provisions of this chapter. The council shall work with boards of trustees to identify and define institutional missions, taking into account regional needs, as well as to define each institution’s role within the greater system. Said institutional missions shall also relate to the mission the council shall identify for each category of institution within the system, including the university, the state college, and community college segments. The council shall be responsible for publishing such mission statements, which shall be used for purposes of accountability, efficiency, and focus.
The board shall work in conjunction with boards of trustees to hold the system accountable for achieving its goals and establishing a comprehensive system to measure quality by defining educational achievement and success with the use of standards and measurements. The council shall encourage an economical and effective use of the resources of the commonwealth with particular emphasis upon the development of regional and local consortia and related co-operative arrangements by and between public and independent institutions of higher education.
The board shall,, work to coordinate its activities within a framework of an integrated public education system extending from early childhood programs through the university level, to promote coordination and greater benefits to students. The council shall also encourage collaboration between educational institutions and business and industry in order to promote employment opportunities and educational improvements.
In achieving these ends the council shall foster decision-making close to the actual learning environment. The council shall encourage participation in that process by students, faculty, and the general public in an effort to create and maintain a system of higher education which provides the cultural, economic and personal growth opportunities to enrich and empower the lives of the people of this commonwealth.
Section 10. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:—“Community college” shall mean any of the following institutions of higher education: Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, Northern Essex Community College, North Shore Community College, Quinsigamond Community College, Roxbury Community College, and Springfield Technical Community College, and any other community college established after November first, nineteen hundred and eighty-nine; or, if any such community college shall be abolished, any institution succeeding to the principal functions thereof.
“Community college affiliate” any organization or association, in any form, the activities of which are a part of the activities of such community college and are subject to regulation by the trustees of such community college or any research foundation, teaching hospital and associated clinics or other research or educational organization the operation of which in conjunction with such community college is approved by the trustees of such community college as furthering the purposes of the community college.
“HEFA” shall mean the Health and Educational Facilities Authority, established by section four of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, or, if said Health and Educational Facilities Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to which the powers given by said chapter six hundred and fourteen shall be given into law.
“Project” in the case of a participating institution for higher education, a structure or structures suitable for use as a dormitory or other multi-unit housing facility for students, faculty, officers or employees, a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility and other structures or facilities related to any of the foregoing or required or useful for the instruction of students or the conducting of research or the operation of an institution for higher education, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution for higher education, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended and shall further include any furnishings, equipment, machinery and other similar items necessary or convenient for the operation of an institution of higher education, whether or not such items are related to a particular facility or structure financed by HEFA, but shall not include such items as books, fuel, supplies or other items the cost of which are customarily deemed to result in a current operating charge, and shall not include any facility used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination. Project may include any combination of one or more of the foregoing undertaken jointly by one or more participating institutions with each other or with other parties.
to performances of educational and other purposes of community colleges Section 11. The council may, in the name and on behalf of the commonwealth, upon such terms and with or without consideration, do any or all of the following in order to aid and contribute to the performance of the educational and other purposes of any community college:(a) Sell, convey or lease to HEFA or any community college affiliate real or personal property owned by the commonwealth in a city or town in which a community college is located or grant easements, licenses or any other rights or privileges therein to HEFA to any community college affiliate. Neither HEFA nor any community college affiliate shall be liable to taxation upon any real property, including any building or buildings erected thereon, or personal property sold, conveyed or leased under this section;(b) Cause private ways, sidewalks, footpaths, ways for vehicular travel, parking areas, water, sewage or drainage facilities and similar improvements and steam service and other utilities and connections for heating and other necessary purposes to be furnished to or in any project carried out by HEFA or any community affiliate;(c) Make available to HEFA or to any community college affiliate the services of officers and employees of a community college and office space and facilities in a community college for, among other things, billing and collecting rents, fees, rates and other charges for the use and occupancy of property of HEFA or any community college affiliate by one or more community colleges or community college affiliates, students, staff and their dependents; renting and leasing rooms and other accommodations in the buildings and structures of HEFA or a community college affiliate; cleaning, heating, daily operation of and repairs to and maintenance of such buildings and structures and other property of HEFA or any community college affiliate; and keeping all books of account for HEFA or any community college affiliate;(d) Establish and manage trust funds for self-amortizing projects and self-supporting activities including, but not limited to, the operation of the boarding halls, student health service, research institutes and foundations, dormitories and student and faculty apartment; provided, that all income received from such projects or activities shall be held in trust by the council and expended for the purpose for which the trust fund was established; provided further, that the council may, for the purposes of this section or section twelve, group together several or more projects into one or more funds as is, in its judgement, required to best effectuate the purposes of the projects and activities and the purposes of the community colleges; and provided, further, that any unrestricted balances remaining in a trust fund upon its termination shall be used as directed by the council for the general purposes of the community college;(e) Do any and all things authorized by law and necessary or convenient to aid and cooperate with HEFA or any community college affiliate in carrying out the purposes of HEFA or such community college and exercising their powers and in complying with the provisions of any trust agreement into which HEFA may enter in connection with any project financed by HEFA on behalf of any community college or community college affiliate.
In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. No lease or other agreement made under this section or section twelve made by HEFA, or the commonwealth acting through the council, or any other community college affiliate to HEFA, the commonwealth acting through the council, or any other community college affiliate shall be subject to any provision of law relating to publication or advertising for bids, and any such lease or agreement may be entered into and shall become effective without any necessity for any order of court or other action or formality other than the regular and formal action of the authorities concerned. No sale, conveyance, lease, or grant made under this section to HEFA or any community college affiliate by the council or by any community college affiliate shall be subject to the provisions of section forty F, section forty F1/2, section forty H or section forty I of chapter seven; provided, however, that the council may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that in connection with (i) any project upon any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) any disposition to a person or entity other than HEFA, the commonwealth acting through the council or otherwise, or a community college affiliate of any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, HEFA or such community college affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of said chapter seven and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine.
expenses and for payments of indebtedness incurred on behalf of community colleges or affiliates Section 12. To provide for the expenses of HEFA and for the payment of indebtedness incurred by it in connection with any project financed by HEFA on behalf of any community college or any community college affiliate, or in connection with any transfer for such purpose by HEFA, or the commonwealth acting through the council under the provisions of section eleven, or any other community college affiliate to HEFA, or the commonwealth acting through the council, or any other community college affiliate of buildings or other property, the council may, in the name and on behalf of the commonwealth, (i) transfer or pledge that they will periodically transfer to HEFA, or to any community college affiliate under terms permitting further transfer or pledge to HEFA, any part or all of any funds held as trust funds for any community college under the provisions of paragraph (d) of section eleven, administered on behalf of any community college as gifts, grants, or trusts under the provisions of clause (e) of section twenty-two, made available for expenditure on behalf of any community college pursuant to an appropriation or other spending authorization in the commonwealth’s annual operating budget, including supplementary and deficiency budgets, or otherwise available for expenditure by the council, and (ii) may contract with HEFA or any community college affiliate with respect thereto under terms permitting further transfer or pledge by HEFA to a trustee under any trust agreement related to such project and entered into by HEFA pursuant to chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight; provided, that in the case of any funds expected to be available for expenditure by the council pursuant to subsequent appropriation or other spending authorization by the legislature, the council may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. The council may impose such terms and conditions as to the application of the funds so transferred as it deems appropriate for the carrying out of the provisions of said chapter six hundred and fourteen and of this chapter. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the council, any community college, or any other community college affiliate, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA.
property; proceeds Section 13. HEFA may sell the buildings or other structures upon any land acquired by it pursuant to section eleven and which are not included in a project, or may remove the same, and may sell or lease any lands or rights or interest in lands or other property acquired for the purposes of this act whenever the same shall, in the opinion of HEFA, cease to be needed for such purposes. The proceeds of any such sale or lease shall be held and disposed of as revenues from the project for or with respect to which the property sold or leased shall have been acquired; provided, however, that except as permitted by section eleven, no property acquired from the commonwealth shall be sold or leased without prior approval of the governor and council; and provided further that the proceeds of any sale or lease of any such property shall be paid to the treasurer and receiver-general of the commonwealth and shall be credited on the books of the commonwealth to the General Fund.
In the event that the council shall sell, convey or lease to HEFA any dormitory, dining commons or boarding hall faculty or student apartment building or student union building at any community college and owned by the commonwealth or any interest of the commonwealth in or to such a building so located but owned by another, and in the further event that funds for the rental or maintenance of such building or buildings have been provided by appropriation from general funds of the commonwealth for any fiscal year ending after the effective date of such sale, conveyance or lease, such sale, conveyance or lease shall provide that the rentals, fees or other charges levied for the use of such building or rooms or accommodations therein or services provided therein in such fiscal years shall be retained by or paid to the treasurer and receiver-general of the commonwealth, as the case may be.
of state university and affiliates Section 14. Upon application by the trustees of the state university, the council may exercise on behalf of such university and its university affiliates all the powers it has with respect to community colleges or community college affiliates under sections eleven and twelve.
capital outlay requests; allocation of appropriations Section 15. The council shall periodically prepare and submit to the budget director an estimate, in detail, for the ordinary maintenance of the entire system of public institutions of higher education, and revenue therefrom, as provided in section three of chapter twenty-nine. Said statement shall include the salaries of all officers and employees within said system and all program costs which are to be borne by any source other than the commonwealth, including such sources as federal financing or federal research, demonstration, or training grants, community contributions and other grants, endowments or trusts.
The council shall also periodically submit requests for capital outlay for the entire system of public institutions of higher education to the secretary of administration and finance as provided by section seven of said chapter twenty-nine and to the house and senate committees on ways and means. The council shall use the estimates and requests prepared by each board of trustees for the purposes of this section attaching whatever recommendations it may desire or deem necessary. The general court shall appropriate funds for the system of public institutions of higher education in various line items, including, but not limited to four separate appropriations; one each for the university, state colleges, community colleges, and scholarships.
The board of trustees of the university shall receive its appropriation directly, in one sum. Funds appropriated for the state college system and the community college system shall be disbursed by the council to each board of trustees by the establishment of allocation accounts; provided, however, that the council shall not allocate an amount less than that appropriated by the general court for the expenses of “01, salaries, permanent positions”; “02, salaries, other”; or “03, services, nonemployee” without prior approval of the commissioner of administration; and provided, further, that no such funds allocated for the expenses of “01 salaries, permanent” to a board of trustees shall be transferred without the prior approval of the commissioner of administration.
Except as provided in the preceding paragraph, the council shall not be prevented from amending institutional allocations or reallocating funds among institutions.
budget requests; comments and recommendations Section 15B. There shall be established a two year budget cycle for the public system of higher education which shall be instituted beginning in fiscal year nineteen hundred and ninety-four and shall be repeated every even numbered fiscal year thereafter.
In preparing for the even numbered fiscal year of said two year budget cycle each board of trustees shall prepare and submit to the council a budget request for the ordinary maintenance of its institution; said budget request shall include the salary of all officers and employees of said institution and all revenues therefrom and any other such information as the council may require or as provided in section three of chapter twenty-nine. Each board of trustees shall make requests to the council under the provisions of chapter twenty-nine. The boards of trustees shall attach to said even numbered fiscal year budget request a budget request for the following odd numbered fiscal year; said odd numbered fiscal year budget request shall include the salary of all officers and employees of said institution and all revenues therefrom and any other such information as the council may require or as provided in section three of chapter twenty-nine.
Boards of trustees in each segment of the higher education system shall prepare their budget request in accordance with funding formulas. The board of higher education shall develop the formulas for the institutions within the state and community college segments in consultation with the boards of trustees. The university trustees shall develop funding formulas for the university campuses in consultation with the campus administrations and the board of higher education. All funding formulas shall be periodically reviewed and revised as needed.
Each board of trustees shall prepare their estimates and requests according to the funding formulas prescribed in section fifteen A of this chapter.
The council shall review the institutional budget requests prepared by each board of trustees and shall attach comments and recommendations for use by the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on education, arts and humanities. In the case of the university, it shall be the responsibility of the trustees to submit comments and recommendations regarding the budget requests of individual campuses within the university system to the board of higher education. In the case of any institution, or the university, having failed to submit data according to the schedule established under clause (s) of the first paragraph of section 9, the board of higher education may withhold transmittal of the budget request from that board of trustees to the secretary and committees. The comments and recommendations attached by the board of higher education for each state and community college and by the board of trustees of the university for each university campus, shall be consistent with the funding formulas, statewide needs, performance measurement standards, as well as the mission statements and 5-year plans for individual campuses and the public higher education system as a whole. They shall also reflect analysis by the respective boards for each campus regarding progress made by the campuses in fulfilling strategic plans including, but not limited to, significant achievements and progress in addressing any previously identified deficiencies. The comments and recommendations shall be made available to the individual institutions and campuses before submission to the secretary and legislative committees with sufficient time allowed to provide opportunity for comment and response by those institutions and campuses. In reviewing the various estimates and requests the council may comment on the overall level of funding for the system of public higher education and may comment regarding funding priorities among segments of the system of public higher education and among the various institutions. The council shall submit the recommendations and comments of the council to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on education, arts and humanities. The council shall include in addition to the information provided by the boards of trustees all program costs which are to be borne by any other source other than the commonwealth, including such sources as federal financing or federal research, demonstration or training grants, community contributions and other grants, endowments or trusts.
accounting reporting system Section 15C. The public institutions of higher education shall report monthly by subsidiary all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management and accounting reporting system, so-called, by July thirty-first, nineteen hundred and ninety-three.
information system Section 15D. The public institutions of higher education shall report all personnel information for those employees compensated from any budgetary, federal, capital or trust fund through the personnel administrative reporting and information system, so-called, by July thirty-first, nineteen hundred and ninety-three.
program; matching formula; termination of program Section 15E. It is hereby declared to be the policy of the commonwealth to encourage private fundraising by the state university and public colleges and to assist such fundraising through a matching program to be known as the public higher education endowment incentive program which shall not result in direct or indirect reductions in the commonwealth’s appropriations to such institutions for operations or for capital support.
Subject to appropriation, the commonwealth shall contribute funds to each institution’s recognized foundation in an amount necessary to match private contributions in the previous fiscal year to the institutions or a foundation’s endowment based on the following matching formula. Subject to appropriation, the commonwealth’s contribution shall be equal to $1 for every $2, or $1 for such greater number of dollars as may be established by the board of higher education, privately contributed to the university’s board of trustees or a foundation, provided that the maximum total contributions from the commonwealth shall be $50,000,000; $1 for every $2, or $1 dollar for such greater number of dollars as may be established by the board of higher education, privately contributed to each state college’s board of trustees or foundation, provided that the maximum total contributions from the commonwealth shall be $5,000,000 for each institution; $1 for every $2, or $1 for such greater number of dollars as may be established by the board of higher education, privately contributed to each community college’s board of trustees or foundation, provided that the maximum total contributions from the commonwealth shall be $1,000,000 for each institution.
Private contributions to the endowment for purposes of this program shall be limited to donations to an endowment for academic purposes including, but not limited to, scholarships, endowed chairs and contributions in support of academic facility construction and maintenance approved by the appropriate board of trustees.
Said program shall terminate for the university when its foundation has received $50,000,000 in appropriated matching funds according to the formula prescribed above, or on July 1, 2010, whichever is sooner. Said program shall terminate for any state college when its foundation has received $5,000,000 in appropriated matching funds according to the formula prescribed above or on July 1, 2010, whichever is sooner. Said program shall terminate for any community college when its foundation has received $1,000,000 in appropriated matching funds according to the formula prescribed above or on July 1, 2010, whichever is sooner.
For each institution, the program shall be administered by its foundation, as defined in section 37, in accordance with procedures established by the board of trustees and filed with the house and senate committees on ways and means no later than December 15, 2004. Such procedures shall include a method for each board of trustees to certify to the house and senate committees on ways and means the actual amount received in private contributions to the endowment in each fiscal year. Such procedures shall also include safeguards for protecting the anonymity of donors who indicate their desire not to be identified.
program Section 15F. It is hereby declared to be the policy of the commonwealth to encourage public community college training opportunities in order to promote workforce development, minimize the shortage of skilled workers and raise economic opportunity through a matching incentive grant program to be known as the community college workforce training incentive program. Subject to appropriation, the board of higher education shall establish guidelines for the distribution of community college workforce training incentive grants; provided, however, that said guidelines shall provide: (i) allowable incentive grant awards which shall not exceed $200 for every $1,000 in eligible revenues; (ii) minimum requirements for the level of not-for-credit vocationally-oriented instruction which shall be provided by incentive grant recipients in the fiscal year in which such grant is awarded. Each community college which is eligible for grant awards in a fiscal year shall, subject to appropriation, receive not less than $50,000 from the total amount appropriated for the incentive program to fund the salary of a workforce training coordinator at each such campus. For the purposes of this section, eligible revenues shall be defined as revenues received by a community college for one of the following purposes: tuition and fees paid by students enrolled in not-for-credit vocationally-oriented courses; tuition and fees paid by Massachusetts employers on behalf of employees enrolled in not-for-credit vocationally-oriented courses; and revenues from service contracts with Massachusetts employers to provide not for-credit vocationally-oriented training. Revenues from contracts with public agencies, public grants or private gifts shall not be considered eligible revenues for the purposes of this section. Incentive grants shall be expended for the following purposes: to expand not-for-credit vocationally oriented course offerings; to expand not-for-credit vocationally-oriented instruction provided through contracts with Massachusetts employers; and to otherwise promote not-for-credit vocationally-oriented instruction. Each community college campus shall report not later than December 31, annually, to the board of higher education and the house and senate committees on ways and means on the level of not-for-credit vocationally-oriented instruction provided in the preceding fiscal year and the anticipated level of such instruction in the current fiscal year. Said report shall detail enrollment levels, revenues received, sources of revenues, the number of service contracts established with Massachusetts employers and such other information as the board of higher education may require.
Section 16. There shall be a general scholarship program administered by the council for the purpose of providing financial assistance to students domiciled in the commonwealth and enrolled in and pursuing a program of higher education in any approved public or independent college, university or school of nursing, or any other approved institution furnishing a program of higher education. Such aid and assistance shall consist of awarding of full or partial scholarships to worthy and qualified students in need of financial assistance.
The amount of awards to qualified students shall be determined by using an indexing system which shall be included in the guidelines established by the council to govern this program. The council shall file a report of current year general scholarship program expenditures, appropriations needed to fund full need for all students, and projections of general scholarship expenditures for the following year by family contribution ranges and independent student contribution ranges. Said report shall be filed with the clerk of the house and senate no later than the end of each calendar year.
There shall be a Christian A. Herter Memorial Scholarship Program which authorizes the council to guarantee the payment of full or partial scholarships to no more than twenty-five students annually of extraordinary need and ability selected in tenth or eleventh grades by persons or agencies designated by said council under such regulations as the council shall deem necessary. These awards shall be guaranteed to the student at the time of the student’s selection; provided however, that said student successfully completes high school and is enrolled in and pursuing a program of higher education in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education, and shall be payable from the general scholarship funds at the time of the student’s matriculation.
There shall be a program, administered by the council, providing for the matching of scholarship grants to participating Massachusetts independent regionally accredited colleges, universities and schools of nursing; provided, that the council shall establish policies and regulations relating to the program, including an audit procedure to insure that institutions are in compliance with such policies and regulations; provided, further, that a participating institution shall be eligible to receive an amount equal to such institution’s expenditure for scholarship aid to needy Massachusetts undergraduate students enrolled in such institutions as full-time matriculating students in a course of study leading to an associate or bachelor degree; provided further, that each participating institution shall agree to expend an amount equal to one hundred percent of the grant awarded hereunder in direct financial assistance to the needy Massachusetts students; provided further, that each participating institution shall agree to comply with the information requests of the council in accordance with this chapter.
There shall be a Christa McAuliffe Teacher Incentive Program for the purpose of providing financial assistance for undergraduate and graduate students in approved institutions of higher education within the commonwealth who agree to teach on a full time basis within a public education system located in the commonwealth. The council shall institute and maintain learning contracts for all students admitted in the teacher incentive program, which shall include provisions for “payback” service for a period commencing after such students have fulfilled all graduation requirements, or for repayment to the commonwealth of the full amount of such grants on terms established by said council. Said council shall establish guidelines governing said program which shall include but not be limited to eligibility requirements, selection criteria, and period of time which must be spent teaching in the commonwealth.
There shall be a part-time student grant program to provide assistance to part-time undergraduate students attending approved institutions of higher education within the commonwealth who have demonstrated financial need. The council shall establish guidelines governing said program.
The council may award full or partial scholarships to worthy and qualified students who have been residents of the commonwealth for a period of four years immediately prior to receiving such award and who are in need of financial assistance in order to pursue graduate studies. The council shall award scholarships and notify all applicants on or before July first in each year. No scholarship may be awarded for more than five years to any one student. The council may expend such sums as may be appropriated to carry out the provisions of this paragraph. The council shall establish guidelines governing said program which shall include but not be limited to eligibility requirements and selection criteria.
There shall be a Council Grant for Campus-based Assistance Program for adult learners and work study opportunities. Participating approved institutions of higher education within Massachusetts shall receive an allocation from the council to provide grant or work study assistance to eligible students with demonstrated financial need. The council shall establish guidelines to govern this program which shall insure that those students receiving assistance include part-time students, graduate students and adult learners.
There shall be a Public Service Scholarship Program to provide scholarships to children and widowed spouses of Massachusetts police officers, firefighters and correction officers, who are killed or die from injuries received while in the performance of duties including authorized training duty; to children of prisoners of war or military or service persons missing in action in Southeast Asia whose wartime service is credited to the commonwealth and whose service was between February first, nineteen hundred and fifty-five, and the termination of the Vietnam campaign; and to the children of veterans whose service was credited to the commonwealth and who were killed in action or otherwise died as a result of such service. Such scholarships shall be awarded by the council pursuant to its guidelines established to govern this program and shall go to those persons referenced above who are admitted to an institution of higher education in the commonwealth to pursue undergraduate studies. The guidelines shall include, but not be limited to, a waiver of mandatory fees.
There shall be a dedicated grant program for undergraduate students enrolled at an approved institution of higher education within the commonwealth. The council shall establish guidelines to govern said program.
There shall be a consortium scholarship program for undergraduate students to pursue programs that are not currently offered by public institutions of higher education within the commonwealth. The council shall establish guidelines to govern said program.
Any student receiving financial assistance under any program listed above shall maintain satisfactory academic progress in order to continue to receive such assistance. Each institution which recipients attend shall maintain documentation of each recipient’s academic standing and provide requested documentation to the council in accordance with guidelines promulgated by the council.
All programs of financial assistance above shall be subject to appropriation.
Any institution of higher education participating in any of the programs set forth above shall annually execute a participating agreement for each such program and place such contracts on file with the council’s scholarship office.
When applicable federal law requires, each applicant for assistance under any program established herein shall provide appropriate documentation to verify his compliance with the Military Selective Service Act in effect at the time of such application.
With the exception of the public service scholarship program grants, all financial assistance provided for in this section shall be based on ability to pay, as provided for in guidelines promulgated by the council.
Upon adoption by the council of guidelines promulgated pursuant to the provisions of this section, said council shall file a copy thereof with the secretary of administration and finance, and with the clerk of the house of representatives, who shall refer such guidelines to the joint committee on education, arts and humanities, and the house and senate ways and means committees.
Section 17. The council, subject to appropriation, shall establish a program entitled the “teaching learning corps”.
The program shall provide school districts choosing to participate, which contain a significant proportion of low-income students or a significant proportion of students deficient in basic skills, as determined by the board of education with college students as instructional aides. Instructional aides shall assist teachers in instructional activities during regular school programs or extended day programs, but shall not replace existing school personnel. Funds provided under this section shall be used first to provide matching funds for work-study college students, and in the case where work-study students are not available, to hire college students not enrolled in work-study programs. The council, in cooperation with the board of education, shall promulgate rules and regulations for said program, including selection criteria for public school sites, cooperative agreements between colleges and public schools, yearly program evaluation procedures, program duration standards, and other rules.
participation; compliance procedures report; penalties for noncompliance Section 18. Every full-time and part-time student enrolled in a public or independent institution of higher learning located in the commonwealth shall participate in a qualifying student health insurance program. For the purposes of this section, “part-time student” shall mean a student participating in at least seventy-five percent of the full-time curriculum. Such an institution may elect to allow students to waive participation in its student health insurance program or any part thereof; provided, however, that an institution permitting such waivers shall require students waiving participation to certify in writing prior to any academic year in which they will not participate in the institution’s plan that they are participating in a health insurance program having comparable coverages.
Each public and independent institution of higher education shall submit an annual report to the division of health care finance and policy detailing its procedures for complying with the provisions of this section; provided, however, that prior to the implementation of this section the division of health care finance and policy and the council shall submit a report to the house and senate committees on ways and means. Such a report shall include, but not be limited to, an analysis of the number of students lacking health insurance, the costs of the requirements of this section to the students and the public and independent institutions of higher education, and a proposed method for meeting such costs.
Any public or independent institution of higher learning failing to carry out its responsibilities under this section shall pay a penalty per student for every day during which the failure continues, equal to the penalty per employee per day imposed upon noncomplying employers by subsection (i) of section fourteen G of chapter one hundred and fifty-one A. Any penalties collected pursuant to this section shall be deposited in the public responsibility account of the medical security trust fund established by chapter one hundred and eighteen F. Any institution which, in accordance with regulations promulgated pursuant to this section, relies in good faith on statements by students relative to their health insurance status shall not be liable for any penalty or for failure to comply with the provisions of this section caused by misstatements of such students.
The division of health care finance and policy, with the advice and consent of the council, shall issue regulations to define qualifying student health insurance programs, to establish procedures to monitor compliance, and to implement the provisions of this section.
Section 19. There shall be a single tuition waiver program administered by the council in accordance with guidelines established by the council to govern the program, provided that no tuition waiver be funded by the transfer of funds appropriated pursuant to section sixteen.
Such guidelines (i) shall establish institutional waiver allocation formulas and eligibility requirements, including needs criteria, for designated waiver programs, (ii) shall provide full or partial tuition waivers for specific categories of students designated by the council which may include veterans, armed forces personnel, senior citizens, and graduate students, (iii) may provide full or partial waivers for additional categories of students not included in clause (ii), and (iv) may provide full or partial waivers of tuition or fees for undergraduate programs, summer sessions, evening classes, or any specific courses or set of courses.
Tuition waivers for graduate students shall be administered by each institution of public higher education. Said institutions shall annually and on a date specified by the council submit a written report to the board detailing graduate student waiver policies and distributions of said waivers.
Upon the adoption of guidelines in accordance with the provisions of this section the council shall file copies of thereof with the clerks of the house and the senate, who shall refer such guidelines to the house and senate committees on ways and means and the joint committee on education, arts and humanities.
The council shall annually on or before March fifteenth report to the house and senate committees on ways and means and to the joint committee on education, arts and humanities regarding any modifications to the guidelines setting forth tuition waiver programs. Said report shall include information relative to tuition waivers for graduate students as administered by the several institutions of public higher education.
Notwithstanding the provisions of any general or special law to the contrary, the board of higher education shall provide full tuition waivers at each community college for students who are clients of and who meet the eligibility requirements of the Massachusetts rehabilitation commission or the Massachusetts commission for the blind.
Notwithstanding the provisions of any general or special law to the contrary, the board of higher education shall provide full tuition waivers for any state-supported course offered by an institution at a public college or university, excluding graduate courses and courses in the MD program at the University of Massachusetts Medical Center, and including courses toward an undergraduate degree program, certificate program, short-term certificate program and noncredit courses at each community college, state college and undergraduate campus of the University of Massachusetts for students who are not over the age of 24 and who, while in the custody of the department of social services, were adopted by an eligible Massachusetts resident or commonwealth employee as determined by the department of social services in conjunction with the human resources division.
The board of higher education shall, subject to appropriation, establish a program to provide grants to residents of the commonwealth who are working as paraprofessionals in public schools of the commonwealth while pursuing a bachelor’s degree at a public college or university in the commonwealth in order to become a certified teacher in the commonwealth. Eligibility shall be limited to persons (a) who have worked as a paraprofessional in the public schools of the commonwealth for a minimum period of 2 years before receipt of such grant, or who are paraprofessionals who have worked in public schools for a lesser time, and (b) who are enrolled in and pursuing courses of study that will lead to certification as a teacher in bilingual education, special education, math, science or foreign languages, and (c) who commit to teach and actually teach for such period as the board of higher education may determine in the public schools of the commonwealth upon graduation and certification under section 38G of chapter 71. The board of higher education shall establish guidelines governing implementation of the program. Such guidelines shall include, but not be limited to, the following: (i) the level of academic achievement grant recipients must maintain while participating in the grant program; (ii) the financial responsibilities of grant recipients should they fail to complete their teacher certification; and (iii) the duties and obligations of grant recipients upon completion of certification, including the minimum number of years that they shall be required to work as a teacher in a public school of the commonwealth. Such grants shall be used to defray the cost of tuition and fees at a public college or university in the commonwealth.
expenses for administration Section 19A. There shall be a student loan repayment program known as the attracting excellence to teaching program, for the purpose of encouraging outstanding students to teach in the public schools of the commonwealth by providing financial assistance for the repayment of qualified education loans, as defined below. The program shall be administered by the board of education in accordance with guidelines promulgated by the board of higher education. The program shall be subject to appropriation.
The term “qualified education loan” shall mean any indebtedness including interest on such indebtedness incurred to pay tuition or other direct expenses incurred in connection with the pursuit of an undergraduate or graduate degree by an applicant, but shall not include loans made by any person related to the applicant.
The council shall promulgate guidelines governing the attracting excellence to teaching program. These guidelines shall include the following provisions:(1) eligibility for the program shall be limited to persons who have graduated in the top 15 per cent of their undergraduate classes or who have graduated with honors designations, as certified by the institution attended by any such applicant;(2) eligibility shall be limited to persons entering the teaching profession after July first, nineteen hundred and ninety-four;(3) the commonwealth shall repay a participating teacher’s student loan at a rate not to exceed one hundred and fifty dollars per month for a period not to exceed forty-eight months;(4) repayment shall be made to the participating teacher annually upon the presentation by the participating teacher of satisfactory evidence of payments under the loan;(5) payments by the commonwealth shall cover only loan payments made by the participating teacher in the months during which the participating teacher teaches in public school in the commonwealth;(6) the program may or may not be limited to teachers who teach in school districts designated by the board of education;(7) the program shall set forth an affirmative action policy and specific annual affirmative action goals. The council shall annually publish a report detailing its efforts to publicize the loan repayment program in order to advance the goals of this affirmative action policy and its success in meeting those goals.
Expenses for administration of the program may be retained in an interest bearing trust fund to be established by the board of education and expended for the costs of administering the program without further appropriation, and any funds remaining in the trust fund at the termination of the program shall be returned to the General Fund.
Section 19B. There shall be an incoming teacher signing bonus program to be administered by the department of education for the purpose of encouraging the best and brightest candidates to teach in the public schools. The goal of such program shall be to encourage high achieving candidates to enter the profession who would otherwise not consider a career in teaching. Funding for such program shall be subject to the provisions of section 35S of chapter 10.
The board of education shall promulgate regulations, where necessary, for the effective implementation of such program. Such regulations shall include the following provisions:(1) On an annual basis, the department of education shall select the best and brightest teaching prospects based on objective measures such as test scores, grade point average or class rank and such other criteria as the department may determine. The department shall establish a system for receiving a limited number of recommendations for outstanding candidates for such bonuses from institutions of higher education across the nation. In selecting bonus recipients, the department shall consider such recommendations.
(2) In a given year, the department may target awards to attract teachers for those subject matter areas most needed in the commonwealth; provided, however, that such subject matter areas shall be included in the core subjects as described in section 1D of chapter 69.
(3) In a given year, the department shall award bonuses only to those deserving candidates rather than providing a set number of bonuses.
(4) Recipients shall receive a $20,000 signing bonus over at least three years with at least $8,000 distributed in the first year of the bonus.
(5) Such recipients shall be eligible for each year’s bonus payment only if they are certified to teach in the commonwealth and are employed as a teacher by a public school in the commonwealth.
(6) The department shall select and notify bonus recipients by April 1 of each year. Eligible recipients shall receive their annual bonus payments by the subsequent October 1 of each year.
(7) The name of an individual recipient of such bonus shall remain confidential unless recipient waives such confidentiality in writing.
(8) The department shall aggressively market the existence of the program to encourage the best and brightest candidates in the nation to come to the commonwealth to teach. Such marketing shall focus on candidates who would otherwise not consider a career in teaching.
(9) The program shall set forth an outreach plan to attract underrepresented populations to the teaching profession.
Section 19C. There shall be Massachusetts master teacher corps program for the purpose of building a group of recognized teachers of high achievement in the profession who shall serve to mentor incoming apprentice teachers and further the goals of the education reform act, so-called. The department of education shall administer this program. Funding for said program shall be subject to the provisions of section 35S of chapter 10.
The board of education shall promulgate regulations, where necessary, for the effective implementation of such program. Such regulations shall include the following provisions:(1) The department may select master teachers who achieve master teacher status through certification from the National Board for Professional Teaching Standards, pass a challenging content test, and agree to mentor apprentice teachers. The department may develop and include alternatives to the NBPTS program provided such alternatives maintain equivalent or higher standards of excellence in teaching.
(2) The department may provide master teachers with partial or full reimbursement for the assessment costs of said NBPTS certification. The department shall provide master teachers with ongoing salary bonuses for such master teachers. Such ongoing salary bonuses shall be limited to $5,000 per year. Within said $5,000 limit, the department may authorize a nominal payment to the school district of such master teachers to facilitate time for the master teacher to engage in mentoring activity.
(3) Teachers with master teacher status shall have full parity in certification and compensation with teachers who earn a master’s degrees from approved higher education institutions, notwithstanding the provisions of section 38G of chapter 71, or chapter 150E.
(4) The program shall set forth an outreach plan to attract underrepresented populations to the teaching profession.
teachers program; guidelines Section 19D. There shall be a scholarship program to be administered by the board of higher education, which shall be known as the tomorrow’s teachers program, for the purpose of encouraging outstanding high school students to teach in the public schools by providing qualified high school students with scholarships for tuition and fees for a four-year bachelor’s degree program at a public college or university in the commonwealth. The program shall be subject to appropriation.
The board of higher education shall promulgate guidelines governing the tomorrow’s teachers program. The guidelines shall include the following provisions:(1) Eligibility for the program shall be limited to students who graduated in the top quarter of their high school classes, who agree to complete a four-year bachelor’s degree program in a public college or university in the commonwealth and who commit to and actually teach for four years in a public school in the commonwealth upon successful completion of a bachelor’s degree from the college or university and the appropriate certification in accordance with said section 38G of said chapter 71.
(2) The program shall set forth an outreach plan to attract underrepresented populations to the teaching profession.
(3) Persons who participate in the program but do not complete their college education within six years of entering college or who fail to complete their four-year teaching commitment within six years following graduation from college shall be obligated to repay the commonwealth the tuition and fees advanced to them, with interest, as determined by the board of higher education.
Section 19E. There shall be a principal and superintendent recruitment program for recruiting and training as principals and superintendents in public schools individuals from other professions who have the skills, experience and talent to be outstanding school principals and superintendents, but who do not meet the existing statutory and regulatory requirements to serve as principals and superintendents. The program shall include the use of financial incentives and other methods for recruiting candidates and innovative methods for providing the necessary training.
The board of education shall promulgate regulations, where necessary, for the effective implementation of the program. The board shall establish standards that individuals who participate in the program shall meet to be authorized to serve as principals or superintendents. If the board determines that existing statutory or regulatory requirements for such service interfere with attracting highly qualified individuals from other professions who meet the standards established by the board, it may exempt such individuals from such requirements.
and duties Section 2. There shall be an advisory committee on education policy, hereinafter called the committee, consisting of the executive committees of the board of education and the board of higher education. The committee shall have the following powers and duties:(a) to study and report on issues common to higher education and to public early childhood, elementary, secondary, or vocational-technical schools;(b) to serve as a forum for discussion between the lay boards responsible for overseeing public education in the commonwealth;(c) to serve as a public forum for discussion of general education goals for the commonwealth;(d) to develop goals for a coordinated system from early childhood through higher education at the university level, and make recommendations to appropriate boards or groups relative to such;(e) to build public support and understanding of education;(f) to encourage and facilitate partnerships between and among public early childhood, elementary, secondary, and vocational-technical schools with institutions of higher learning;(g) to articulate, through study and discussions, the vital connection between high quality public education and future economic growth and development in the commonwealth;(h) to encourage and facilitate partnerships between schools and businesses to improve the delivery of educational services;(i) to articulate goals for accountability and high standards of quality for the entire system of education in the commonwealth, in consultation with parents, students, educators, business representatives, community officials and the public at-large;(j) to advise the governor and the general court relative to any issue within its purview; and,(k) to encourage contributions and grants to schools from businesses, foundations, or any other viable and appropriate funding source.
The committee may utilize subcommittees of the full committee to accomplish any of the duties required of it. Nothing in this section shall be construed to grant the committee any authority vested in the board of education or the board of higher education.
The committee shall be chaired by the secretary of education.
The committee shall meet at least four times annually and at other times at the call of the chairman of the board of education, the chairman of the board of higher education, or the secretary of education.
Section 20. There shall be an educational opportunities information center in the office of the council to provide information and assistance to prospective college and university students, and to public and independent institutions of higher education on matters regarding student admissions, transfers, and enrollments.
Such public institutions shall cooperate with the center by furnishing such nonconfidential information as may assist the center in the performance of its duties. The center may request and receive similar information from private or other public educational institutions to the commonwealth.
An applicant for admission to an institution whose application is not accepted may send to the center appropriate nonconfidential information concerning his application. The center may, at its discretion and with permission of the applicant, direct the attention of the applicant to other institutions and direct the attention of other institutions to the applicant.
The center may conduct such studies and analyses of admission, transfers and enrollments as may be deemed appropriate.
membership; qualifications; tenure; vacancies Section 21. There shall be board of trustees consisting of eleven members for each of the institutions named in section five other than the University of Massachusetts. Each board of trustees shall elect a chairman.
One member of such board of trustees shall be a full-time undergraduate student member from said institution, and ten members shall be appointed by the governor pursuant to the provisions of section eighteen B of chapter six, at least one of whom shall be an alumnus of said institution and one of whom shall be elected thereto by the alumni association of said institution. Each elected alumnus member shall be elected every five years. No elected alumnus member shall serve for more than two consecutive terms. A vacancy in the position of elected alumnus member prior to the expiration of a term shall be filled for the remainder of the term in the same manner as elections to full terms. Each student member shall be elected by the student body annually, no later than May fifteenth. The term of office of each elected student member of the board shall be one year and shall commence on July first following their election and terminate on June thirtieth of the following year. The student member shall be eligible for re-election for as long as said student remains a full-time undergraduate student and maintains satisfactory academic progress as determined by the policy of the institution at which the student is enrolled. If at any time during the elected term of office said student member ceases to be a full-time undergraduate student or fails to maintain satisfactory academic progress, the membership of said student on the board shall be terminated and the office of the elected student member shall be deemed vacant, provided, however, that if the elected student member vacates his position upon graduation from the institution prior to July first, the elected successor may assume the position of student member on the board effective from the date of graduation of his predecessor, provided further that the statutory time limit of one year of the successor student trustee shall commence to run on July first notwithstanding any taking of office prior to the commencement of said term. A vacancy in the office of the elected student member prior to the expiration of a term shall be filled for the remainder of the term in the same manner as student elections to full terms.
No member of a board of trustees shall be a member of the board of higher education. No member of a board of trustees shall be principally employed within the public higher education system of the commonwealth; provided, however, that no more than one-third of the members shall be principally employed by the commonwealth. Membership on a board of trustees shall terminate if a member ceases to be qualified for appointment.
Members shall be appointed to serve for five year terms, but no member shall be appointed for more than two consecutive terms. Members of the board shall serve without compensation but may be reimbursed for all expenses reasonably incurred in the performance of their duties.
Any vacancy on a board of trustees shall be filled for the duration of the term, in the same manner as the prior appointment. If a member is absent from four regular meetings in any calendar year, exclusive of July and August, that person’s membership on the board shall terminate and a vacancy shall be deemed to exist. The chairman shall forthwith notify the governor when any vacancy exists.
Each board of trustees shall from time to time advise the higher education coordinating council on admissions programs, labor relations and program approval for its institution. Each board of trustees shall at their pleasure and with the approval of the council appoint and remove the chief executive officer of its institution.
colleges; powers and duties Section 22. Each board of trustees of a community college or state college shall be responsible for establishing those policies necessary for the administrative management of personnel, staff services and the general business of the institution under its authority. Without limitation upon the generality of the foregoing, each such board shall: (a) cause to be prepared and submit to the council estimates of maintenance and capital outlay budgets for the institution under its authority; (b) establish all fees at said institution subject to guidelines established by the council. Said fees shall include fines and penalties collected pursuant to the enforcement of traffic and parking rules and regulations. Said rules and regulations shall be enforced by persons in the employ of the institution who throughout the property of the institution shall have the powers of police officers, except as to the service of civil process. Said fees established under the provisions of this section shall be retained by the board of trustees in a revolving fund or funds, and shall be expended as the board of the institution may direct; provided that the foregoing shall not authorize any action in contravention of the requirements of Section 1 of Article LXIII of the Amendments to the Constitution. Said fund or funds shall be subject to annual audit by the state auditor; (c) appoint, transfer, dismiss, promote and award tenure to all personnel of said institution; (d) manage and keep in repair all property, real and personal, owned or occupied by said institution; (e) seek, accept and administer for faculty research, programmatic and institutional purposes grants, gifts and trusts from private foundations, corporations, federal agencies, alumnae and other sources, which shall be administered under the provisions of section two C of chapter twenty-nine and may be disbursed at the direction of the board of trustees pursuant to its authority; (f) implement and evaluate affirmative action policies and programs; (g) establish, implement and evaluate student services and policies; (h) recommend to the council admission standards and instructional programs for said institution, including all major and degree programs provided, however, that said admission standards shall comply with the provisions of section thirty; (i) have authority to transfer funds within and among subsidiary accounts allocated to said institution by the council; (j) establish and operate programs, including summer and evening programs, in accordance with the degree authority conferred under the provisions of this chapter; (k) award degrees in fields approved by the council; either independently or in conjunction with other institutions, in accordance with actions of the boards of trustees of said other institutions and the council; (l) submit a five year master plan to the council, which plan shall be updated annually to the board of higher education according to a schedule determined by the board in consultation with the board of trustees; (m) submit financial data and other data as required by the board of higher education for the careful and responsible discharge of its purposes, functions, and duties. The data shall be reported annually to the board of higher education according to a schedule determined by the board of higher education in consultation with the board of trustees. The board of trustees shall also submit an annual institutional spending plan to the council for review, comment, and transmittal to the secretary for administration and finance, the house and senate committees on ways and means and the joint committee on education, arts and humanities. Spending plans shall be reported using a standardized format developed by the board of higher education in conjunction with the institutional boards of trustees’ in a manner to allow comparison of similar costs between the various institutions of the commonwealth. Said plan shall include an account of spending from all revenue sources including but not limited to, trust funds; (n) develop a mission statement for the institution consistent with identified missions of the system of public higher education as a whole, as well as the identified mission of the category of institution within which the institution operates. Said mission statement shall be forwarded to the council for its approval. The board of trustees shall, after its approval, make said mission statement available to the public; (o) submit an institutional self-assessment report to the council, which the board of trustees shall make public and available at the institution. Said assessment report shall be used to foster improvement at the institution by the board of trustees and shall include information relative to the institution’s progress in fulfilling its mission, as approved by the council. Said report shall be submitted annually to the board of higher education according to a schedule determined by said board in consultation with the board of trustees. (p) The board of trustees of an institution with the potential to expand its mission, profile, and orientation to a more regional or national focus may submit to the board of higher education, for its approval, a 5–year plan embracing an entrepreneurial model which leverages that potential in order to achieve higher levels of excellence pursuant to section 7.
The board of trustees of each institution may delegate to the president of such institution any of the powers and responsibilities herein enumerated.
The commonwealth shall indemnify a trustee of a community college or state college against loss by reason of the liability to pay damages to a party for any claim arising out of any official judgment, decision, or conduct of said trustee; provided, however, that said trustee has acted in good faith and without malice; and provided, further, that the defense or settlement of such claim shall have been made by the attorney general or his designee. If a final judgment or decree is entered in favor of a party other than said trustee, the clerk of the court where such judgment or decree is entered shall, within twenty-one days after the final disposition of the claim, provide said trustee with a certified copy of such judgment or entry of decree, showing the amount due from said trustee, who shall transmit the same to the comptroller who shall forthwith notify the governor; and the governor shall draw his warrant for such amount on the state treasurer, who shall pay the same from appropriations made for the purpose by the general court.
institution’s ordinary maintenance and revenues Section 23. Each board of trustees shall periodically prepare and submit to the council an estimate, in detail, for the ordinary maintenance of its institution, including the salaries of all officers and employees of said institution and all revenues therefrom and any other such information as the council may require or as provided in section three of chapter twenty-nine. Each board of trustees shall make requests to the council under the provisions of section seven of chapter twenty-nine.
Section 24. Notwithstanding any other provision of law to the contrary, each board of trustees shall have the authority to make any purchase or purchases in the amount of two thousand dollars or less, and to purchase without limitation of amount library books and periodicals, educational and scientific supplies and equipment, printing and binding, emergency repairs and replacement parts, and perishable items, without recourse to any other state board, bureau, department or commission; provided, however, that in so doing the college shall follow modern methods of purchasing and shall, wherever practicable, invite competitive bids. Except as herein provided, the state purchasing agent shall on the certification of availability of funds purchase all items specified on requisitions submitted to him by any such board of trustees; provided, that the board of trustees shall have the right to review all bids received on any said board’s requisitions and to make binding recommendations on the award of the contract based on the judgment of the board as to which of the bids best meet said board’s specification on which the bids were received. Products assembled, manufactured or otherwise produced by the Massachusetts commission for the blind shall be purchased from the commission pursuant to the provisions of section one hundred and thirty-four of chapter six.
education consortium Section 24A. With respect to purchases by a board of trustees authorized by section 24, including a purchase by the board of trustees of the University of Massachusetts as authorized by section 13 of chapter 75, a board of trustees and the board of higher education may join together for its purchases with one or more public or private educational institutions for the purpose of forming or joining a cooperative purchasing consortium to be known as the Massachusetts Higher Education Consortium; provided, however, that each such educational institution shall accept sole responsibility for all payments, debts and liabilities due the vendor for its share of such purchases. Said consortium shall be governed by a board of directors elected by its member institutions. Any paid staff of the consortium shall be located on the campus of a public member. Compensation of such staff shall be paid by dues or other consortium income and not by appropriation by the commonwealth; provided, however, that such staff may only enter into purchase agreements that have been procured through public bidding. Said consortium shall publish an annual report of its activities, which report shall include an audited financial statement which shall have been independently audited by a certified public accountant.
teaching candidates Section 25. The council or a board of trustees shall not refuse to elect and contract with a candidate for a teaching position in any public institution of higher education because of the blindness of such candidate.
Section 26. Each public institution of higher education may conduct summer sessions, provided such sessions are operated at no expense to the commonwealth. Each public institution of higher education may conduct evening classes, provided such classes are operated at no expense to the commonwealth.
regulations Section 27. Each public institution of higher education which provides housing for students in dormitories shall establish rules and regulations providing that a certain number of dormitory rooms shall be reserved for nonsmokers. Each such public institution shall provide a space on the application for admission or student housing for the applicant to indicate whether he would prefer to reside in a room where smoking was prohibited or whether he would prefer to reside in a room where smoking was allowed.
grounds of public higher education institutions Section 28. Notwithstanding any contrary provisions of law, the board of bank incorporation or the commissioner of banks is hereby authorized to allow a bank, as defined in section one of chapter one hundred and sixty-seven, to establish and maintain a branch on the grounds of any public institution of higher education in the commonwealth, provided that the council shall determine the method and terms of the lease if applicable or rental thereof.
legislative agents’ costs Section 29. (a) As used in this chapter and in chapters seventy-three, seventy-five, seventy-five A, and seventy-five B, the following words shall have the following meanings:—“Waivable fee”, any amount payable on a student tuition bill, but not a mandatory charge, appearing as a separately assessed item, accompanied by a statement as to the nature of said item and that said item is not a charge required to be paid by the student. Preceding each waivable fee shall be a statement in bold print stating that if the student does not want to contribute to the following nonpartisan organization, a mark must be placed in the respective box for said nonpartisan organization. If the student does want to contribute, said box should not be marked. The student tuition bill will also provide the student with the total amount due including the waivable fee and the total amount due excluding the waivable fee, and that said item appears on the bill at the request of the student body and does not necessarily reflect the endorsement of the board of trustees.
“Student organization”, any organization of students at public post-secondary educational institutions which is open to membership of all students who pay the waivable fee and is controlled by its student members.
“Nonpartisan”, as applied to student organizations not endorsing or adhering to particular ideological or religious positions in the articles of incorporation, charter, constitution, or by-laws.
“Official student referendum”, a referendum vote of the student body which is sanctioned by the college-recognized student governmental association and certified by said student governmental association as valid.
“Optional fee”, any amount payable on a student tuition bill, but not a mandatory charge or waivable fee, appearing as a separately assessed item, accompanied by a statement as to the nature of said item and that said item is not a charge required to be paid by the student but rather the student may add said charge to the total amount due, and that said item appears on the bill at the request of the student body and does not necessarily reflect the endorsement of the board of trustees.
(b) Nonmandatory student fees to nonpartisan student organizations which employ legislative agents as defined in section thirty-nine of chapter three, or to nonpartisan student organizations attempting to influence legislation as defined in section forty-four of said chapter three, shall be paid on student tuition bills by a waivable fee whenever students have authorized said fee by a majority vote of those students voting in an official student referendum. The continuation of said waivable fee on the student tuition bill may be subject to reauthorization by an official student referendum every two years. Necessary administrative costs arising in connection with the collection of said fee may be billed by the board of trustees to the student organization at the time of the transfer of funds collected to said student organizations.
(c) The boards of trustees shall not allow any funds for legislative agents as defined in section thirty-nine of said chapter three or organizations attempting to influence legislation as defined in section forty-four of said chapter three to be assessed on student tuition bills; provided, however, that waivable fees for nonpartisan student organizations which employ said legislative agents or attempt to influence legislation shall be collected by the boards of trustees whenever students have authorized a waivable fee by a majority vote of those students voting in an official student referendum. Said waivable fees shall be collected as provided in paragraph (b).
(d) No funds collected as a mandatory student activities fee shall be paid to legislative agents as defined in section thirty-nine of said chapter three or organizations attempting to influence legislation as defined in section forty-four of said chapter three.
(e) As used in this section, the term “legislative agent” or “organization attempting to influence legislation” shall not include any student government association or associations, individually or collectively, or any organization comprised of representatives of such associations, which are selected by students through referendum to be an official representative of the student body.
standardized college entrance aptitude tests Section 30. No resident of the commonwealth who has been diagnosed as being developmentally disabled, including but not limited to, having dyslexia or other specific language disabilities, by any evaluation procedure prescribed by chapter seventy-one B, or equivalent testing, shall be required to take any standardized college entrance aptitude test to gain admittance to any public institution of higher education in the commonwealth. Admission shall be determined by all other relevant factors excluding standardized achievement testing. The provisions of this section shall not apply to any person solely because of blindness or visual impairment, regardless of age at which such individual became blind or visually-impaired.
qualifying expenditures Section 31. The council shall define which of those expenses at the institutional level are to be considered administrative expenses. In preparing their annual spending plans, each board of trustees shall indicate the amount of spending which falls under said definition. The council shall make public the amount of administrative spending at each institution and may, as a result, make recommendations relative to reducing such spending to provide for more efficient administration of the system of public higher education.
Section 32. The council shall prepare a system of student assessment, to be administered within the public system of higher education, to measure student improvement, between the first and fourth years of attendance at public higher education institutions, on various tasks, including, but not limited to, ability to reason, communication and language skills, and other factors the council deems appropriate to evaluate, in order to assess the general performance of higher education institutions in fostering learning and academic growth. The council shall determine the method of assessment and shall publish the results of such assessment.
and teacher effectiveness Section 33. The council shall publish a report, on or before January first, nineteen hundred and ninety-five, and every four years thereafter, assessing overall faculty productivity and overall teacher effectiveness within the public system of higher education. Said report may include narrative research and statistical data which the council deems appropriate. Any data or information gathered for said report is not intended to be and shall not be used for the evaluation of the performance of any individual faculty member and the identity of individual faculty members shall be confidential. Said report shall also include information gained from students, both present and former, and shall further include information obtained from the commonwealth’s business community relative to work force preparation. The report shall draw comparisons between institutions and types of institution, as well as between the commonwealth’s public higher education system and those in other states, to the extent feasible.
Section 34. It is hereby declared the policy of the commonwealth to provide and ensure an accurate and objective study of the public system of higher education in order to fulfill the goals and purposes of this chapter. Subject to appropriation a benchmark study of the public system of higher education shall be undertaken to determine the strengths and weaknesses of said system and to propose strategies and directions for the board of higher education and the system as a whole to take in order to fulfill its mission more effectively. Said benchmark study shall be conducted by a panel of nationally recognized objective experts in the field of higher education whose members shall be selected by the council, through the consultation with the joint committee on education, the arts and humanities, and the ways and means committees of the house and senate. Said benchmark study shall be filed with the clerks of the senate and the house of representatives no later than December first, nineteen hundred and ninety-nine, and shall be made available to the public.
The aforementioned study shall be conducted at least every seven years, subject to appropriation.
Section 35. There is hereby established a professional development schools grant program. The board of education shall award grants to exemplary public schools and to cooperating public or private institutions of higher education in the commonwealth to establish collaborative programs for the purpose of fostering improved teacher training and professional development. In order to be eligible for a professional development school grant a school in cooperation with one or more public or private institutions of higher education shall jointly submit a program application which shall include, but not be limited to, a statement of program objectives covering a three year period, a program plan with specific timelines for implementation, and a plan for program evaluation. The program designated in the application must be approved by the faculty of the institution of higher education, the teachers, administrators and other professional staff of the public school, the superintendent of schools and by majority vote of the school committee and school improvement council. The board of education shall give priority to those programs in which the teacher training and professional development activities will take place in the public school.
Grants awarded under this section, to the extent that said funds are allocated to the public school, shall be deposited with the town, city, or regional district treasurer in a separate account to be expended, without further appropriation, by the school committee for the purposes of the professional development schools grant.
The board of education may contract with any public institution of higher education or nonprofit corporation, which has the requisite knowledge and experience in teacher training for the purpose of administering the professional development schools grant program.
through professional development schools grant program Section 36. No public school shall receive funds through the professional development schools grant program if, (1) said school is within a city, town, or regional school district in which the share of local expenditures allocated to the support of the public schools has declined in any fiscal year commencing on July first, nineteen hundred and eighty-five, or (2) any schools receiving professional development school grants have received average per pupil support less than that received on average by all other schools of the same classification and grade level in the district, or (3) the absolute level of financial support for the public schools in the city, town or regional school district has decreased in any year since fiscal year nineteen hundred and eighty-six. In the case of a school district which fails to meet the aforementioned criteria, the board of education shall consider as eligible those schools in which the per pupil educational portion of local expenditures, adjusted for inflation and other factors, has not declined in any year since fiscal year nineteen hundred and eighty-six.
higher education; governing boards; annual reports; audits Section 37. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:“Foundation”, an organization which is (a) either (i) a corporation within the meaning of clause (c) of section two of chapter one hundred and eighty and subject to the provisions of said chapter one hundred and eighty, except as herein provided, or (ii) a public charitable trust constituted and operating as such and subject to the requirements of law governing such trusts, except as herein provided; (b) organized and operated exclusively for the benefit of an institution of public higher education; and (c) certified by the board of trustees of the institution which it supports to be operating in a manner consistent with the goals and policies of the institution.
“Institution”, a public college or university in the commonwealth.
(b) A corporation or trust which is not certified as provided herein or whose certification has been revoked by the board of trustees of the institution which it supports, shall not use the name of such institution (i) for fundraising without written permission of the board of trustees of such institution, or (ii) in the name of such corporation or trust.
(c) Each foundation shall have a governing board to oversee its operation. In no event shall institutional trustees and employees constitute one-half or more of the voting members of such foundation’s governing board. The governing board of such foundation shall annually file a list of the members and officers of such board with the institution’s board of trustees.
(d) The board of trustees of an institution which a foundation supports is authorized to permit the use without compensation of facilities and personnel services of the institution by the foundation; provided, however, that in no event shall an employee of the institution spend more than twenty-five percent of his work hours engaged in services for a foundation.
(e) All gifts from a foundation to an institution shall be approved for acceptance by the board of trustees in accordance with applicable institutional policies. A person soliciting funds or any other thing of value on behalf of a foundation from a person, firm, corporation or other entity shall, at the time of the solicitation, clearly and conspicuously disclose to the potential donor that the donations are to be provided to the foundation and not to an institution and that the donor may request in writing that the donor’s identity not be publicly disclosed.
(f) Each foundation shall provide an annual report of its financial accounts prepared in accordance with generally accepted accounting principles to the board of trustees of the institution which it supports. The board of trustees may require any supplemental data relative to the operations of the foundation. The identity of donors who wish to remain anonymous shall be protected and anonymity of such donors shall be maintained in all audit reports. The annual financial report when received by a board of trustees shall be considered a public record as defined in clause twenty-sixth of section seven of chapter four.
(g) The state auditor shall have the authority, upon request by the institution or upon his own initiative, to audit transfers to or expenditures from foundation accounts of public funds, use of employees paid with public funds to staff the foundation and the existence of contracts or agreements between a foundation and an institution.
(h) A foundation certified by an institution’s board of trustees under the provisions of this section shall not be deemed to be an agency, board, bureau, department, division, commission, authority or other subdivision of the commonwealth. Members of the governing boards of a foundation who are not already state employees shall not be considered to be state employees for the purposes of chapters two hundred and sixty-eight A and two hundred and sixty-eight B.
Section 38. Notwithstanding any other provision of law to the contrary, all public institutions of higher education shall offer the same student information and on-campus recruiting opportunities to representatives of the state or United States armed services as is offered to non-military recruiters.
in higher education institutions Section 39. A qualified student enrolled in a public secondary school may enroll as a student in Massachusetts public institutions of higher education. The student shall earn both secondary school and college credits. Students may enroll either full time or for individual courses. The board of education in consultation with the board of higher education, shall define which students may qualify for this program, establish criteria for admission, and otherwise administer this program. For the purpose of encouraging the enrollment of nonpublic secondary school students in the system of public institutions of higher education, such students shall be eligible to participate in the program established by this section; provided, however, that the crediting of such attendance for the purpose of receiving a high school diploma shall be in the sole discretion of the nonpublic school.
development and implementation Section 3A. A statewide educational technology plan, to be known as Massachusetts education-on-line, shall be developed by the Massachusetts corporation for educational telecommunication, hereinafter referred to as MCET. Said educational technology plan shall incorporate the following goals:(a) the implementation and integration of technology into teaching and learning in public schools, including, but not limited to, the establishment of a statewide telecommunications and technology link among public college and university campuses and school districts through the use of computer and communications technology;(b) the facilitation of the implementation of a statewide professional development plan for teachers, principals, and superintendents using distance learning in coordination with the commissioner of education; and,(c) the increased involvement of parents, guardians, mentors or other volunteers with their students’ education by utilization of distance learning.
For the purposes of this section, said educational technology plan shall be broadly construed to include, but not be limited to, programs, courses, and capital expenditures including computer hardware and software, networks, television, satellite transmissions, fiber optics cable, calculators and video and audio tapes. Subject to appropriation, MCET may provide grants to universities, colleges, schools and school districts for the purposes of purchasing the equipment and other materials necessary for the implementation of said educational technology plan. The MCET executive director, in consultation with the board of education and the board of higher education, may establish such advisory groups or committees as he deems necessary for the development and implementation of said educational technology plan.
[Subsection (a) effective until July 1, 2005. For text effective July 1, 2005, see below.
] Section 4. (a) The board of higher education, hereinafter referred to as the board, shall be composed of 11 voting members, consisting of the commissioner of education, ex officio, 7 members appointed by the governor reflecting regional geographic representation, and 3 members chosen to represent public institutions of higher education. Of the appointed members, at least 1 shall be a representative of organized labor, at least 1 shall be a representative of the business community, and 1 shall be a member whom the governor shall choose from among not more than 3 full-time undergraduate students who shall be nominated, and who are currently enrolled in a public institution set forth in section 5. Nominated students shall have maintained satisfactory academic progress as determined by the policy of the institution at which such student is enrolled. Nominations shall be submitted by student members of the board of trustees for each such institution who, for the purpose of this section, shall be referred to as the student advisory committee. Such nominations may include, but not be limited to, students elected as trustees in accordance with the provisions of section 21. Of the 3 members chosen to represent public institutions of higher education, 1 shall be a member of the board of trustees of the state university selected by the chair of the board of trustees for the university, 1 shall be a member of a board of trustees of a state college chosen by vote of the chairs of the boards of trustees of each of the state colleges, and 1 shall be a member of a board of trustees of a community college chosen by vote of the chairs of the boards of trustees of each of the community colleges. For the purposes of this section the Massachusetts College of Art and the Massachusetts Maritime Academy shall be deemed to be state colleges. There shall be an office of the board consisting of a chancellor and employees appointed by the board.
[Subsection (a) as amended by 2004, 149, Sec. 29 effective July 1, 2005. See 2004, 149, Sec. 416. For text effective until July 1, 2005, see above.
] (a) The board of higher education, hereinafter referred to as the board, shall be composed of 11 voting members, consisting of the commissioner of education, ex officio, the commissioner of early education and care, ex officio, 6 members appointed by the governor reflecting regional geographic representation, and 3 members chosen to represent public institutions of higher education. Of the appointed members, at least 1 shall be a representative of organized labor, at least 1 shall be a representative of the business community, and 1 shall be a member whom the governor shall choose from among not more than 3 full-time undergraduate students who shall be nominated, and who are currently enrolled in a public institution set forth in section 5. Nominated students shall have maintained satisfactory academic progress as determined by the policy of the institution at which such student is enrolled. Nominations shall be submitted by student members of the board of trustees for each such institution who, for the purpose of this section, shall be referred to as the student advisory committee. Such nominations may include, but not be limited to, students elected as trustees in accordance with the provisions of section 21. Of the 3 members chosen to represent public institutions of higher education, 1 shall be a member of the board of trustees of the state university selected by the chair of the board of trustees for the university, 1 shall be a member of a board of trustees of a state college chosen by vote of the chairs of the boards of trustees of each of the state colleges, and 1 shall be a member of a board of trustees of a community college chosen by vote of the chairs of the boards of trustees of each of the community colleges. For the purposes of this section the Massachusetts College of Art and the Massachusetts Maritime Academy shall be deemed to be state colleges. There shall be an office of the board consisting of a chancellor and employees appointed by the board.
(b) Members of the board shall be appointed to serve 5–year terms, except that the undergraduate student members shall be appointed annually to serve terms of 1 year commencing initially upon appointment by the governor and expiring on April 30 and each year thereafter commencing on May 1 and expiring on April 30 as long as the member remains a full-time undergraduate throughout his 1–year term. Within 3 consecutive years, the student appointee shall in the first year be a student attending the state university, in the second year, shall be a student attending a community college and, in the third year, shall be a student attending a state college. This cycle shall repeat. Each of the student government associations at each of the public institutions may submit to the student advisory committee an individual nominated to be the undergraduate student member of the board. All guidelines for procedures and deadlines for the selection process of the undergraduate board members shall be established by the student advisory committee, except as provided in this section. No member shall be appointed for more than 2 consecutive terms, except that a student member may serve for only 1 term. Upon expiration of the term of office of a member, a successor shall be appointed in like manner. A vacancy shall be filled by the governor for the remainder of the term, except that if a member chosen to represent the public institutions of higher education ceases to be a member, the resultant vacancy shall be filled for the remainder of the term by the chairs of the boards of trustees of the public institutions in the same manner as in paragraph (a). The chairperson of the board, who shall be appointed by the governor, shall notify the governor whenever a vacancy exists. The board shall have an executive committee and such other committees as the board may from time to time establish.
(c) The members of the board shall serve without compensation but shall be reimbursed for all expenses reas
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