Receipt of Notices

Each notice given by the Board to a person pursuant to M.G.L. c. 21A, § 16 and/or §§ 19 through 19J, and/or 309 CMR 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) at the person's address last known to the Board; (2) if given by certified mail, return receipt requested, the notice shall be deemed to be received either: (a) when signed for by: 1. the person, or 2. the person's employee or agent; or (b) when returned by the U.S. Postal Service to the Board as unclaimed or refused, unless the Board is persuaded that the notice was not claimed for reasons beyond the control of the person to whom the notice was mailed. (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 Board is persuaded otherwise by the person to whom the notice was mailed. 2.11: continued (4) If given by overnight Priority Mail or bonded delivery service, the notice shall be deemed to be received either: (a) when a receipt is signed by the person or the person’s employee or agent; or (b) when records of the U.S. Postal Service or bonded delivery service indicate that the notice was delivered, unless the Board is persuaded that the notice was not delivered to the correct address. (5) If given by electronic mail, the notice shall be deemed to be received on the date the electronic mail is sent by the Board.