105 CMR, § 158.023 - Transfer of Ownership

(A) At least 90 calendar days in advance of any transfer of ownership, any applicant who intends to acquire a Program shall submit a Notice of Intent to the Department on a form supplied by the Department.

(B) Any applicant for a license as a result of any transfer of ownership shall file an application for licensure at least 45 days before the transfer.

(C) A license application filed as a result of a transfer of ownership, if timely filed and complete, shall have the effect of a license from the date of transfer or until such time as the Department takes action on the application. If not timely filed or complete, such an application shall not have such effect.

(D) The applicant shall submit proof of transfer to the Department within 48 hours of the transfer of ownership of a Program.

(E) Any notice of hearing, order, or decision which the Department or the Commissioner or his or her designee issues for a Program prior to a transfer of ownership shall be effective against the former owner prior to such transfer and, where appropriate, the new owner, following such transfer unless said notice, order, or decision is modified or dismissed by the Department or by the Commissioner or his or her designee.

(F) A transfer of ownership shall not be recognized and the new owner shall not be considered suitable for licensure when the transfer is proposed or made to circumvent the effect and purpose of 105 CMR 158.000, as determined by the Department. The Department shall consider the following factors in determining whether a transfer has been proposed or made to circumvent the regulations:

(1) The transferor's record of compliance with Department licensure laws and regulations;

(2) The transferor's current licensure status;

(3) The transferor's familial, business, and/or financial relation to the transferee;

(4) The terms of the transfer; and

(5) The consequences of the transfer.

Notes

105 CMR, § 158.023

Adopted by Mass Register Issue 1277, eff. 1/2/2015.