Code of Massachusetts Regulations, Title 201 CMR 18.00, Section 18.02 - Registration Procedure | Code of Massachusetts Regulations

(1) Applicant Actions.

(a) Application: Each applicant for registration as a home improvement contractor or subcontractor shall submit a completed copy of an application form supplied by the director and necessary supporting documents to the director, along with such fees as required by the provisions of 201 CMR 18.02(9), and M.G.L. c. 142A.

(b) Supporting Documentation. Supporting documentation shall include, as applicable:

1. For Corporations. An official document which lists the names and addresses of officers, directors, and major stockholders such as: a copy of the articles of incorporation, a current annual report as filed with the Secretary of the Commonwealth, a copy of the registration as a foreign corporation filed with the Secretary of the Commonwealth, or any other documentation which lists the names and addresses of officers, directors, and major stockholders, will be accepted in lieu of listing these names on the application.

2. For Partnerships. Either a copy of the current partnership agreement containing the requested information, or listing of the names and addresses of all partners on the application form.

3. For all Applicants Using a Doing Business as (DBA) Certificate. A copy of the DBA-certificate filed with a city or town pursuant to M.G.L. c. 110, § 5.

(c) Mailing Address. The application, supporting documentation and fees may be mailed or delivered as follows:

Office of Consumer Affairs and Business Regulation

HIC Registration Program

10 Park Plaza, Suite 5170

Boston, MA 02116

It shall be the responsibility of the applicant to ensure that the required registration material is received by the director.

(d) Forms of Payment. All applications shall be accompanied by the registration fee, and by the fee for the Guaranty Fund. Fees shall be in the form of a money order or certified check, or by any other form of payment at the discretion of the director. If payment is made by money order or certified check, two money orders or certified checks shall be included - one for the registration fee, if required, and one for the Guaranty Fund. Checks or money orders shall be made payable to: "Commonwealth of Massachusetts".

(e) Lost or Destroyed Certificate of Registration. Upon receipt of a nominal fee as established by the Commonwealth and posted on the agency's website (http://www.mass.gov/ocabr/), and a completed affidavit provided to the director, that a certificate of registration has been lost or destroyed, a replacement certificate clearly identified as such, shall be issued by the director.

(f) Licensee Liabilities. The provisions of 201 CMR 18.00 and those of M.G.L. c. 142A shall not be construed to relieve or lessen the responsibility of any person registered under 201 CMR 18.00 and M.G.L. c. 142A, nor shall the Commonwealth be deemed to have assumed any such liability by reason of the issuance of a registration.

(2) Director's Action on Application.

(a) Issuance of Certificate. Upon receipt of a completed application form, all supporting documentation required hereunder, and the proper fee(s) therefor, the director shall:

1. ascertain whether such applicant meets all of the registration requirements and there are no grounds for rejection as specified in 201 CMR 18.02(5);

2. assign the applicant a registration number within 30 days of receipt of the application if all requirements are met;

3. prepare and send by first class mail to such applicant, at the address stated on the registration form, a certificate indicating the registrant's registration number, name, address, any fictitious name under which the registrant will do business, and such other information as is deemed necessary by the director.

(b) The registration certificate is not transferable to any other person or entity.

(3) Certificates of Registrants.

(a) For applicants registering as individuals, the certificate of registration and identification card will be issued in the name of the registrant. Only one identification card will be issued to individual registrants.

(b) Non-individual Registrants. If the applicant is a corporation, partnership, proprietorship with a fictitious name, or other non-individual entity, the certificate of registration and the initial identification card will bear the name of the registrant entity and the individual responsible for the home improvement residential contracting activities of the registrant.

(4) Supplementary Identification Cards.

(a) Supplementary Identification Cards may be issued, upon request of the registrant, to named officers, partners, of key individuals in the employ of the registrant under the certificate of registration number of the applicant entity, upon submission of the appropriate request form and fee. The applicant is responsible for the prompt return to OCABR of individual identification cards if there is a change in status of individuals holding such supplementary cards.

(b) Fees. For each supplementary identification card request in accordance with 201 CMR 18.02(4)(a), an additional fee per card in an amount of $10.00 must accompany the request for additional cards.

(c) Expiration. Supplementary identification cards will expire on the expiration date of the registration certificate of the registrant that requested its issuance. Supplementary identification cards must be renewed along with the renewal of the registrant's certificate of registration, by submission of the required renewal application, renewal fee and an additional fee of $10.00 per card requested.

(5) Grounds for Refusal to Register or Renew. No application for registration or renewal conforming to 201 CMR 18.00 and M.G.L. c. 142A may be denied except for a finding by the director that the applicant has committed one or more of the following acts:

(a) made material omissions or misrepresentations of fact on the home improvement contractor or subcontractor application for registration or application for renewal, or on supporting documentation;

(b) failed to pay either the registration fee or the payment to the fund as required under 201 CMR 18.02(9);

(c) failed consistently to perform contracts or has performed said contracts in an unworkmanlike manner or has failed to complete said contracts with no good cause or has engaged in fraud or bad faith with respect to said contracts;

(d) failed to meet or has violated any of the requirements for registered home improvement contractors or subcontractors as defined in 201 CMR 18.00, or has performed or is attempting to perform any act prohibited by 201 CMR 18.00 or M.G.L. c. 142A;

(e) is under suspension or revocation of registration as a home improvement contractor or subcontractor;

(f) has failed to repay the Guaranty Fund for any payments made by the Guaranty Fund on the registrant's account; or

(g) has failed to pay any administrative fines or penalties assessed.

(6) Application Refused. If the application is refused, the director shall, within 30 days of OCABR's receipt of the application, notify the applicant in writing by first class mail of the reasons for the rejection.

(a) If applicable, the applicant may correct the deficiencies in the application material and return the corrected data to the director within ten days of the date of mailing of the director's notice of refusal, who will then assign a registration number and issue a certificate.

(b) If the grounds for rejection are any of those set forth in 201 CMR 18.02, or M.G.L. c. 142A, the applicant may request that the director reconsider the application as submitted. Such a request must be in writing, and must state the reasons why the applicant believes the application should be granted; and such request must be received by OCABR within ten days of the date of mailing of the notice of the director's rejection of the application.

(7) Record Retention. The director shall keep a record of the date the application and all pertinent documents are received by OCABR. In addition, the director shall keep on file, in convenient form and open to public inspection, all applications for registration, copies of certificates issued, and the names of all home improvement contractors or subcontractors whose registration has been revoked, suspended or surrendered.

(8) Duration of Registration.

(a) Initial Registration. Each such registration shall be in effect for two years from the date of issuance, unless suspended or revoked prior to that time, as provided in 201 CMR 18.00 and M.G.L. c. 142A.

(b) Renewal of Registration. Not less than 30 days before the date of the expiration of such registration, the director shall send or cause to be sent, to each registered contractor or subcontractor, at the address on record with OCABR, a notice for renewal of the registration and a copy of all forms necessary for such renewal, by first class mail, along with a schedule of such fees as are necessary for said renewal. Renewals will remain in effect for two years from date of renewal if not suspended or revoked prior to that time. The responsibility for timely renewal of registration remains with the registrant, notwithstanding this notice. An applicant shall submit a renewal application with fees within 30 days of the expiration date of the registration. Failure to submit a renewal application within this time period shall subject the applicant to the submission of an application for a new registration and payment of fees equal to the amount of the initial registration.

(9) Fees to Be Paid upon Registration or Renewal.

(a) Registration and Renewal Fee. All home improvement contractors and subcontractors shall, at the time of registration or renewal, pay to the Commonwealth, a fee in the amount of the fee then being charged for the construction supervisor's license under M.G.L. c. 143, § 94(i).

(b) Contribution to Guaranty Fund. At the time of initial registration, every contractor and subcontractor shall also pay to the Commonwealth, by separate certified check or money order or other form of payment at the discretion of the director, a fee payable to the Guaranty Fund. (See201 CMR 18.02(1)(d).)

(c) The fee paid by contractors and subcontractors to the Guaranty Fund shall be determined based on the number of employees of the home improvement contractor or subcontractor, as defined in 201 CMR 18.01(2), on the date of initial registration, as follows:

1.	Zero to three employees:	$100.00
2.	Four employees up to and including ten:	$200.00
3.	11 employees up to and including 30:	$300.00
4.	More than 30 employees:	$500.00

(d) Any registrant who fails to accurately determine the number of employees and pay the correct fee therefor shall be deemed to have failed to pay the fees required for registration and shall be subject to enforcement action by the director, in accordance with 201 CMR 18.02(5) and (9)(a) and (c).

(e) Responsibilities of Each Registrant.

1. Changes in Status. Each registrant shall be responsible for reporting, in writing, within 30 days, changes in trade name or address or additions of business name(s), and any other pertinent changes in circumstances to the director.

2. Display of Certificate Number. Every contract, building permit and advertisement for residential contracting as defined in 201 CMR 18.00 shall display the home improvement contractor's or subcontractor's certificate of registration number.

3. Return of Certificate. Upon the expiration, suspension or revocation, termination or voluntary surrender of a registration, the registrant shall deliver the certificate to the director who shall cancel the registration and endorse the date of expiration, suspension or revocation, termination or surrender. In such case, no further residential contracting work shall be engaged in by the contractor or subcontractor.

Code of Massachusetts Regulations201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONTitle 201 CMR 18.00 - REGISTRATION AND ENFORCEMENT OF HOME IMPROVEMENT CONTRACTOR PROGRAMSection 18.02 - Registration Procedure

Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 18.00 - REGISTRATION AND ENFORCEMENT OF HOME IMPROVEMENT CONTRACTOR PROGRAM
Section 18.02 - Registration Procedure