4.01: Rules and Regulations
(1) For purposes of 111 CMR 4.00, the term person shall mean any partnership, corporation, company, association, organization, group or natural person except that it shall not mean Perkins School for the Blind or any organization incorporated under the laws of the Commonwealth prior to January 1, 1938 and theretofore engaged in work for the blind.
(2) Every person who intends to solicit contributions for the benefit of a blind person or a group of blind persons shall, prior to any such solicitation, file an application for a license with the Commission upon prescribed forms, which application shall be refiled in the next and each following year in which each person is engaged in solicitation activities.
(3) Every person who solicits funds in any way or manner for the benefit of a blind person or a group of blind persons shall post in a conspicuous place or cause to appear on every article of merchandise sold a statement that said solicitation has been duly licensed by the Commission.
(4) The Commissioner shall issue a license to an applicant upon receipt of a verified application form prescribed by the Commissioner which form shall require:
(a) provision of information including that listed in 111 CMR 4.01(5); and either
(b) attachment of a copy of the certificate of registration issued by the division of public charities in the department of the attorney general pursuant to M.G.L. c. 68, s. 19;
(c) provision of information listed in 111 CMR 4.01(6).
(5) Every applicant for a license under 111 CMR 4.00 shall state in writing the purpose and manner of raising funds, the time of proposed solicitation, and the time and place of any proposed entertainment or game.
(6) Every applicant for a license under 111 CMR 4.00 who does not submit a copy of the certificate of registration issued by the division of public charities in the department of the attorney general shall in lieu thereof submit the following information:
- name of organization and purpose for which it was organized;
- address of organization and address of any offices in this Commonwealth or, if the organization does not maintain an office, name and address of person having custody of its financial records;
- place where and date when organization was legally established, form of its organization and its tax exempt status for federal income tax purposes;
- names and addresses of officers, directors and trustees and the principal salaried executive staff officers;
- a copy of the annual financial report for the organization's immediate preceding fiscal year;
- whether the organization intends to solicit contributions from the public;
- whether the organization is authorized by any other governmental authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions;
- charitable purpose or purposes for which the contributions to be solicited shall be used;
- name or names under which it intends to solicit contributions;
- names of the individuals or officers of the organization who shall have final responsibility for custody of contributions;
- names of individuals or officers of the organization responsible for final distribution of contributions.
4.01: continued(7) The Commissioner may refuse to grant a license if he has reasonable grounds to believe that the granting of the license will not be for the public interest. The Commissioner shall not refuse to renew any license unless he has first afforded the licensee an opportunity for hearing in conformity with M.G.L. c. 30A, s. 10 through 13.
(8) In no event shall the Commissioner grant or refuse to grant a license under 111 CMR 4.00 more than ten days after submission of a timely and sufficient application: if no action is taken within ten days of receipt of said application, it shall be deemed approved.
(9) In the event that a licensee fails to comply with the rules and regulations of 111 CMR 4.00, the Commissioner may revoke a license issued pursuant thereto. The Commissioner shall not revoke any license unless he has first afforded the licensee an opportunity for hearing in conformity with M.G.L. c. 30A, s. 10 through 13.
Regulatory Authority111 CMR 4.00: M.G.L. c. 6, s. 138 through 142.
This information is provided by the Massachusetts Commission for the Blind.