Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 5.00 - Administrative Penalty
Section 5.09 - Receipt of Notices
Universal Citation: 310 MA Code of Regs 310.5
Current through Register 1531, September 27, 2024
Each notice given by the Department to a person pursuant to M.G.L. c. 21A, § 16 and 310 CMR 5.00 shall be deemed to be received by said person as follows:
(1) If served in hand, the notice shall be deemed to be received when delivered:
(a) personally to the person, or
(b) personally to any officer, employee, or
agent of the person authorized by appointment of the person or by law to accept
service, or
(c) at the person's
last known address in the Commonwealth, or
(d) at the last known address of any officer,
employee, or agent of the person authorized by appointment of the person or by
law to accept service.
(2) If given by certified mail, return receipt requested, the notice shall be deemed to be received either:
(a) when signed for by:
1. the person, or
2. the person's officer, employee, or agent,
including, without limitation, any officer, employee, or agent authorized by
appointment of the person or by law to accept service, or
(b) when returned by the U.S. Postal Service
to the Department as unclaimed, unless the Department is persuaded that the
notice was not claimed for reasons beyond the control of the person to whom the
notice was sent.
(3) If given by regular mail, the notice shall be deemed to be received no later than the third business day after it is mailed to the person, unless the Department is persuaded otherwise by the person to whom the notice was mailed.
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