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The 191st General Court of the Commonwealth of Massachusetts

Section 71B: Closing of facility; report; certification; notice; hearing; appeal

Section 71B. (a) Every employer who is closing a facility, as defined in section seventy-one A, shall thereupon promptly report to the commissioner, in such form and manner as the commissioner prescribes, such information as may be necessary to determine an employee's reemployment assistance benefits rights under section seventy-one A to seventy-one G, inclusive. The commissioner, after making such inquiries and investigations as deemed necessary, shall certify whether a plant closing has occurred or will occur. The commissioner shall certify that a plant closing has or will occur if the commissioner determines that at least ninety per cent of the employees of a facility have been or will be permanently separated within the six month period prior to the date of certification or within such other period as the commissioner shall prescribe; provided that, such period shall fall within six month period prior to the date of certification. The commissioner shall give notice of the determination regarding certification to the employer and if the employees are represented by a labor union to such union and to any other person or organization that the commissioner determines is an interested party.

(b) Any interested party notified of a determination under this section may request a hearing within ten days after mailing of the notice of the determination. If a hearing is requested, the commissioner or the commissioner's authorized representative shall afford all interested parties a reasonable opportunity for a fair hearing, except that the commissioner may refer the case to the board of review of hearing and decision in accordance with subsection (d) of section forty-one. The conduct of such hearings before the commissioner or the board of review, as the case may be, shall be in accordance with the procedures prescribed by and pursuant to subsection (b) of section thirty-nine. Any interested party aggrieved by any decision on certification may appeal such decision. Such appeal shall be in accordance with the procedures prescribed in sections forty through forty-two inclusive.

(c) The commissioner shall report, from time to time, to the secretary of economic affairs and the industrial advisory board any determination or decision made pursuant to this section and may provide such information to any other interested individual or organization.