Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 26.00 - Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program
Section 26.10 - Applications, Exemptions, and Appeals

Universal Citation: 225 MA Code of Regs 225.26

Current through Register 1531, September 27, 2024

(1) Post-purchase Rebate and Voucher Application Process. A post-purchase rebate application for a rebate, an application for a Pre-qualification Voucher, or an application for a Rebate Reservation Voucher shall be submitted to the Department by the Applicant. The Applicant must use the most current forms and associated instructions provided by the Department, and must include all information, documentation, and assurances required by such forms, instructions, and Terms and Conditions.

(2) Point-of-sale Rebate Application Process. Participating Dealerships will offer some rebates or rebate adders to be provided at POS. An Applicant must purchase or lease from a Participating Dealership and meet all of the eligibility requirements listed for that vehicle type, including providing documentation to verify eligibility. Applicants may also be required to sign or agree to additional MOR-EV Terms and Conditions.

(3) Participating Dealership Application Process.

(a) Licensed dealerships in Massachusetts will apply with the Program Administrator and shall sign a Participating Dealership agreement prior to being enrolled in the POS program. Additional documentation or review may be required at the Department or Program Administrator's discretion.

(b) Participating Dealerships will create an account with the Program Administrator and will be added to a list of Participating Dealerships on the MOR-EV website (www.mor-ev.org).

(c) Participating Dealerships shall keep the information provided to the Program Administrator up to date and comply with any requests for maintaining the dealership's participation or verification of information related to rebates or Pre-qualification Vouchers associated with the MOR-EV Program.

(d) Participating Dealerships shall ensure that documentation clearly indicates the MOR-EV rebates or vouchers included at POS and the amount(s).

(e) Participating Dealerships shall offer POS rebates for new eligible ZEVs if a dealership is selling or leasing New Vehicles, shall offer MOR-EV+ rebate adders with valid Pre-qualification Voucher at POS for any Participating Dealership, and offer used EV rebates with valid Pre-qualification Voucher at POS if a dealership sells Used Vehicles.

(f) Participating Dealerships shall submit requests for reimbursement to the Program Administrator within 30 calendar days of purchase or lease date.

(4) Review Procedures.

(a) For post-purchase rebates or vouchers, the Department or Program Administrator will notify the Applicant when the application is administratively complete or if additional information is required.

(b) For POS rebates, the Participating Dealership will determine that the customer is eligible to receive a MOR-EV rebate. After issuing the rebate at the POS, the Participating Dealership will submit a copy of the customer's driver's license, purchase or lease agreement, vehicle registration, a rebate transfer or rebate assignment form, and any other necessary documentation for the Program Administrator to review. The Program Administrator will review the documentation and notify the dealership if the reimbursement is approved, denied, or if additional information is required.

(5) Issuance or Non-issuance of a Rebate or Voucher.

(a) If the Department or Program Administrator find that an Applicant meets the requirements for eligibility for a rebate or voucher pursuant to 225 CMR 26.00, the Department or Program Administrator will provide the Applicant a rebate or voucher.

(b) The associated forms and terms and conditions shall include any applicable restrictions and conditions that the Department deems necessary to ensure compliance by an Applicant with the provisions of 225 CMR 26.00.

(c) If the Applicant does not meet the requirements for eligibility, the Department or Program Administrator shall provide written notice to the Applicant, including the reasons for such finding.

(d) If the Department does not have sufficient funding for rebates in the Electric Vehicle Adoption Incentive Trust Fund or other designated sources, the Department will provide at least 30 days' notice for any POS, pre-qualification and other pre-purchase options, and will create a waitlist for MOR-EV rebates, subject to availability of future funds.

(6) Exemptions.

(a) If a vehicle for which a rebate payment was issued is sold, returned, or traded in, or if a lease is transferred or assumed by another party prior to expiration of the minimum Ownership Period or lease agreement, or if the vehicle moves out of state, the purchaser or lessee may be required to reimburse the program.

(b) Exemption from the Ownership Period requirements set forth in 225 CMR 26.05(1)(b) may be allowed if necessitated by unforeseen or unavoidable circumstances, such as military relocation outside of Massachusetts, death of an Applicant, or determination by the Program Administrator that the vehicle has been totaled. To qualify for an exemption, Applicants will be required to submit a written request to the Program Administrator and include official documentation demonstrating proof of one of the above noted circumstances.

(c) To request an exemption for a special circumstance other than those listed in 225 CMR 26.10(6)(a) and (b), an Applicant can submit a written request to the Program Administrator explaining the circumstances along with any official corresponding documentation.

(d) The Program Administrator will review exemption requests with the Department to determine if the requirements for an exemption have been met. Exemption requests will be approved or denied by the Department at its sole discretion.

(7) Appeals.

(a) The Department will consider appeals to the denial of a rebate application, in full or in part, on a case-by-case basis. To request an appeal, a Participating Dealership, Licensed Dealership, or Applicant must contact the Program Administrator using the contact information on the MOR-EV website to initiate the appeals process within 90 calendar days of the date of application denial. The appeal must include all facts that form the basis for the appeal.
1. Any appeals submitted more than 90 days following application denial will not be eligible for review and consideration.

2. In instances where the initial 90-day application window was missed, appeals may be granted on a case-by-case basis no more than six months following the purchase or lease date of the eligible vehicle.

3. Failure of a dealer to advise a consumer of the MOR-EV Program or the provision of false or incorrect information from a dealer to a consumer does not form the basis for appeal.

4. Appeals for vehicle purchases or leases that exceed the maximum Sales Price cap (New Vehicles) or Purchase Price cap (Used Vehicles) will be denied.

5. If the only basis for the appeal is that the Applicant or other party disagrees with the policies set forth in these regulations, the MOR-EV Terms and Conditions, any relevant Guidelines, or other MOR-EV policy, the appeal will be denied.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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