Section 5.09 - Receipt of NoticesEach 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: 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.