Code of Massachusetts Regulations
204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION
Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission
Section 2.13 - Notice of Credit Delinquency
Current through Register 1531, September 27, 2024
(1) The Commission shall make available for use of licensees forms for notification of credit delinquency, notification of credit delinquency beyond 210 days, notification of delinquent's payment in full, notification of a delinquent's default check, and request for inspection of delinquent list. Any notifications by use of other than such forms need not be recognized by the Commission.
(2) The delinquent list shall be available for inspection by any licensee or his authorized agent on the premises of the Commission during regular business hours upon the signing of a licensee of a request for inspection of the delinquent list. The publication of said list with the name and address of a delinquent licensee shall constitute the posting by the Commission, and said delinquent list so published and available for inspection shall constitute notice to all licensees of the filing of the name of a licensee on the delinquent list and the removal of the name of a delinquent from such list.
(3) Within four days after receipt of a notice of delinquency, the licensee who has received said notice may deliver to the Commission in writing a notice of protest setting forth with particularity the reason or reasons consistent with M.G.L. c. 138, § 25 why said licensee should not be placed on the delinquent list. The licensee who has extended credit may within four days after receipt of a copy of the protest file with the Commission in writing any objection to the protest. If it appears from the protest and any objection to the protest that there is no genuine issue of fact, the Commission as soon as practicable will determine whether or not the licensee should be placed on the delinquent list. If from the protest and objection there is a genuine issue of fact, the Commission shall afford parties an opportunity to be heard before placing a licensee on the delinquent list.
(4) If a licensee who has filed a notice of delinquency, resulting in a licensee being placed on the delinquent list, fails thereafter to notify the Commission of the discharge of indebtedness as required by M.G.L. c. 138, § 25, the delinquent licensee may file with the Commission in writing a request for discharge setting forth all relevant facts. If the licensee who has filed the notice of delinquency does not thereafter file in writing an objection to the request for discharge within two days after receipt of a copy of the request for discharge, the Commission will strike the name of the licensee from the delinquent list forthwith. If within two days the Commission receives an objection to the request for discharge which raises a genuine dispute of a relevant fact, the Commission shall as soon as practicable afford the parties an opportunity to be heard before determining whether or not the name of the licensee shall be struck from the delinquent list.
(5) Any indebtedness may not be considered discharged unless the creditor has received an amount equivalent to the outstanding indebtedness by cash, bank, cashier's, or certified check, or its equivalent, or a check which after deposit has become "final" (as that term is used under the uniform commercial code), or a return of merchandise. All checks received in payment shall be deposited by the creditor before the close of banking as of the next business day following receipt of any check.
(6) If through error or mistake the name of a licensee appears on the delinquent list not as a result of a notice of delinquency, the licensee may deliver a notice in writing to the Commission of that fact and the Commission will thereafter and forthwith strike the name of the licensee from the delinquent list.
(7) Copies of all notices delivered to the Commission will simultaneously be mailed to the licensee extending credit or the delinquent or proposed delinquent as the case may be by certified mail, return receipt requested, and the licensee delivering said notice shall certify to the Commission notification of that fact.
(8) The parties may attach to any notice of protest, objection to notice of protest, request for discharge of indebtedness such documents, affidavits and legal memoranda as may be relevant and helpful to the Commission. All statements of fact, exhibits and documents shall have attached thereto an affidavit of the person having personal knowledge of the facts attesting to the accuracy and authenticity of the same.
(9) Any licensee who has been posted as delinquent prior to the adoption of 204 CMR 2.16(1) through 2.16(9) may protest that posting as provided therein within ten days of the adoption of 204 CMR 2.16(1) through 2.19(9).
(10) A service bureau or interested person may obtain from the Commission delinquency notices filed by wholesalers on a daily basis.
A service bureau shall compile on a daily basis all delinquency notices and prepare therefrom a daily delinquency list which shall not be published or circulated and shall have no legal effect until certified by the Commission. The Commission shall certify on a daily basis the delinquency list prepared by a service bureau in accordance with these procedures on the condition that such delinquency list shall be made available to any wholesaler or retail licensee who may request a copy of same upon payment of such charge as may be reasonably assessed by the service bureau for the preparation, printing, and distribution of such lists. Copies of delinquency lists may also be obtained at the office of the Commission.
Any protest by either a wholesaler or a retailer relating to the appearance of a retailer on the list, or the failure of a retailer to be placed on the list, shall be filed with the Commission which shall, pursuant to statute and applicable regulations, adjudicate the protest and direct the service bureau to delete or add such retailer to the delinquency list in accordance with its decision. The service bureau shall under no circumstances entertain any protest relative to the status of any retailer on a delinquency list and shall make changes in a delinquency list only in accordance with directives from the Commission.
The delinquency list prepared in accordance with these standards shall be in two parts:
The service bureau shall prepare on a daily basis and shall offer to every wholesaler and retailer in accordance with the provisions of the third paragraph herein a list of daily additions and deletions only, which list shall contain the same information as required by 204 CMR 2.13(10)(a)1. through 3.
