454 Mass. Reg. 29.06

Current through Register 1523, June 7, 2024
Section 29.06 - Service of Written Warnings and Civil Citations
(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.

454 CMR 29.06

Adopted by Mass Register Issue 1329, eff. 12/30/2016.
Amended by Mass Register Issue 1448, eff. 7/23/2021.