Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 29.00 - Civil Administrative Penalties
Section 29.02 - Definitions

As used throughout 454 CMR 29.00, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

Civil Citation. A citation issued by the Director or his or her representative pursuant to 454 CMR 29.00 for a violation or violations of a law or regulation enforced by the Department, as set forth at 454 CMR 29.01(2). Such citation shall identify each violation upon which it is based and may include an Order that the infraction be rectified or a civil penalty imposed or both.

Civil Penalty. A monetary penalty, payable to the Commonwealth of Massachusetts, ordered as part of a Civil Citation issued by the Director or his or her representative pursuant to 454 CMR 29.00 for a violation or violations of a law or regulation enforced by the Department, as specified in 454 CMR 29.01(2).

Department. The Department of Labor Standards of the Massachusetts Executive Office of Labor and Workforce Development.

Director. The Director of the Massachusetts Department of Labor Standards who has been authorized to administer and enforce 454 CMR 29.00 by the Secretary of the Executive Office of Labor and Workforce Development.

License. Any document issued by the Department of Labor Standards pursuant to M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F1/2 that is nominally referred to as a license, certification, or registration and which authorizes the holder to exercise a certain privilege that would otherwise be prohibited without such license, certification, or registration.

Order. Any order issued by the Director or his or her representative under the provisions of 454 CMR 29.00 including, but not limited to, an order for the cessation of all relevant activities of the person, firm, corporation, or other entity for failure to comply with the requirements of a Civil Citation.

Specific Intent. The mental purpose, aim, or design to accomplish a specific act prohibited by a law or regulation enforced by the Department, as specified in 454 CMR 29.01(2).

Violation. Any act or failure to act that results in one or more of the following:

(a) engaging in any business or other activity without a license, certification, registration, or approval whenever such a license, certification, registration, or approval is required by the applicable regulation or statute.

(b) engaging in any activity prohibited by, or not in compliance with, any requirement of an applicable regulation or statute.

(c) not fully doing, or not doing in a timely fashion, anything required by any applicable regulation or statute.

Written Warning. A warning issued in writing by the Director or his or her representative pursuant to 454 CMR 29.00 for a violation or violations of a law or regulation enforced by the Department, as set forth at 454 CMR 29.01(2).