Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 29.00 - Civil Administrative Penalties
Section 29.06 - Service of Written Warnings and Civil Citations
Universal Citation: 454 MA Code of Regs 454.29
Current through Register 1531, September 27, 2024
(1) Date of Issuance.
(a)
Service in Hand. Written Warnings and Civil Citations
issued by the Department pursuant to
454 CMR
29.00 shall be deemed to have been issued on the date
delivered, when served in hand to:
1. the
person, firm, corporation, or other entity to whom the Written Warning or Civil
Citation is addressed;
2. any
officer, employee, or agent of the person, firm, corporation, or entity to whom
the Written Warning or Civil Citation is addressed, who has been authorized by
said person, firm, corporation, or entity, or by law, to accept
service;
3. the last known address
of said person, firm, corporation, or other entity; or
4. the last known address of any officer,
employee, or agent of the person, firm, corporation, or entity to whom the
Written Warning or Civil Citation is addressed, who has been authorized by said
person, firm, corporation, or entity, or by law, to accept service.
(b)
Mail
Delivery. If served by First Class or Certified Mail, the notice
shall be deemed to be issued when postmarked by the U.S. Postal
Service.
(c)
Electronic
Delivery. If served by email, the notice shall be deemed to be
issued on the date of the electronic delivery.
(2) Date Received.
(a)
Service in Hand.
Written Warnings or Civil Citations issued by the Department pursuant to
454 CMR
29.00 shall be deemed to have been received on the
date delivered, when served in hand to:
1. the
person, firm, corporation, or other entity to whom the Written Warning or Civil
Citation is addressed;
2. any
officer, employee, or agent of the person, firm, corporation, or entity to whom
the Written Warning or Civil Citation is addressed, who has been authorized by
said person, firm, corporation, or entity, or by law, to accept
service;
3. the last known address
of said person, firm, corporation or other entity; or
4. the last known address of any officer,
employee, or agent of the person, firm, corporation, or entity to whom the
Written Warning or Civil Citation is addressed, who has been authorized by said
person, firm, corporation, or entity, or by law, to accept service.
(b)
Mail
Delivery. Written Warnings and Civil Citations posted as First
Class Mail with the U.S. Postal Service shall be deemed to have been received
no later than the third business day after mailing, or when returned by the
U.S. Postal Service to the Department as unclaimed, unless the Director
determines that the said Written Warning or Civil Citation was not claimed for
reasons beyond the control of the person to whom the Written Warning or Civil
Citation was sent. Written Warnings or Civil Citations posted with the U.S.
Postal Service by Certified Mail shall be deemed to have been received when
signed for by:
1. the person, firm,
corporation, or other entity to whom the Written Warning or Civil Citation is
addressed; or
2. any officer,
employee, or agent of the person, firm corporation, or entity to whom the
Written Warning or Civil Citation is addressed, who has been authorized by said
person, firm, corporation, or entity, or by law, to accept service.
(c)
Electronic
Delivery. Written Warnings or Civil Citations issued
electronically by the Department pursuant to
454 CMR
29.00 shall be deemed to have been received on the
date of electronic delivery.
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