322 CMR 2.01
Definition of Regulation
322 CMR 2.00 govern the procedures to be followed by agencies subject to the State
Administrative Procedure Act when promulgating regulations (M.G.L. c. 30A, §§ 2 and 3). The term
"regulation" is defined by the Act as "the whole or anypart ofeveryrule, regulation, standard or other
requirement of general application and future effect adopted by an agency to implement or interpret the
law enforced or administered byit." [M.G.L. c. 30A, § 1(5)]. "Regulation" does not, however, include
advisory rulings, rules relating to the internal management of an agency and not directly related to the
rights or procedures available to the public, regulations concerning the development and management
of property of the Commonwealth or ofthe agency,ordecisions rendered in adjudicatory proceedings,
etc. Accordingly, these rules apply to agencies which are acting in a quasi-legislative capacity, i.e.,
either promulgating substantive regulations consistent with applicable statutes or promulgating rules
governing their own procedures. Where these rules apply, no agency may waive or otherwise modify
them except to the extent specifically provided herein.