Procedure for the Adoption or Amendment of Regulations Where a Public Hearing is Required

Prior to the adoption or amendment of (a) any regulation as to which a hearing is required by any law, or of (b) any other regulation the violation of which is punishable by fine or imprisonment except a regulation of Division practice or procedure, the Division shall give notice and hold a public hearing, as follows: 2.06: continued (1) Notice. Notice of a public hearing shall be given at least 21 days prior to the date ofthe hearing, unless some other time is specified by any applicable law. The agency shall publish the notice in at least two newspapers of general circulation, and where appropriate, in such trade, industry, or professional publications as the agency may select. The agency shall likewise notify in writing any person specified by any law and any person or group which has filed written request for notice pursuant to M.G.L. c. 30A, § 2(1)(b). The notice shall contain the following: (a) The agency's statutory authority to adopt the proposed regulation. (b) The time and place of the public hearing. (c) The text of the proposed regulation. (If the proposed regulation is lengthy or if for other reason the text is not available at the time the notice is distributed, it need not be set out verbatim; however, the notice should either describe the substance of the proposed regulation or state the subject matter and issues involved.) (d) Any additional matter required by any law. The above notwithstanding, the agency shall also comply with any applicable statute whichcontains provisions for notice which differ from those contained herein. (2) Procedure. On the date and at the time and place designated in the notice referred to in 322 CMR 2.06(1), the agency shall hold a public hearing. The meeting shall be opened, presided over and adjourned by the Director, or other employee authorized to adopt regulations, or a designee. The public hearing shall comply with any requirements imposed by law, but shall not be subject to the provisions of law or regulation governing adjudicatory proceedings. This rule does not relieve any agency from compliance with any law requiring that its regulations be approved by designated persons or bodies before they become effective. Within ten days after the close of the public hearing, written statements and arguments may be filed with the agency. The agencyshall consider all relevant matter presented to it before adopting, amending or repealing any regulation. (3) Oral Participation. Any interested person or his dulyauthorized representative, or both, shall be given an opportunity to present orally statements and arguments. In its discretion the agency may limit the length of oral presentation. (4) Emergency Regulation.Ifany agency finds that the immediate adoption of a regulation is necessary for the public health, safety or general welfare, and thatobservanceofrequirementsof notice and public hearingwould be contrary to the public interest, the agency maydispense withsuchrequirements and adopt the regulation as an emergency regulation. The agency's finding and a brief statement of the reasons for its find shall be incorporated in the emergency regulation as filed with the Secretary of State in accordance with 322 CMR 2.08. Any emergency regulation so adopted shall state the date on which it is to be effective and the date upon which it shall expire. If no effective date is stated, the regulation shall be presumedtotake effectupon being filed with the Secretary of State under 322 CMR 2.08. An emergency regulation shall not remain in effect for longer than three months unless during the time it is in effect the agency gives notice and holds a public hearing and adopts it as a permanent regulation in accordance with these rules.