Rule-making Hearings

Whenever, pursuant to the provisions of M.G.L. c. 23, § 9T(c) or c. 30A, a rule-making hearing is held by the Department, the following procedural rules apply to the extent required by M.G.L. c. 30A. The Department will provide public notice of the proposed rules as required by M.G.L. c. 30A. Persons desiring to be heard with respect to proposed standards, rules or regulations including employers, employee organizations and members of the public may appear at the designated time and place. A record of each such hearing will be kept. Interested parties may be required to submit written statements regarding proposed standards, rules or regulations and such questions as they may have in advance of the hearing date and the time for such questions and responses may be limited by the Department. (3) Such questions as interested parties may have should be submitted in advance, whether or not the submitting party wishes to appear, because questions to witnesses may only be asked by the Department or its agents. The order of presentation at the hearing will be as follows: (a) The Department shall present the proposed standards, rules or regulations and an explanation thereof. (b) Persons requesting the opportunity to speak shall make such request to the Director five days before the hearing with an outline of the person's position. Such persons shall be afforded no more than 15 minutes to make an opening statement, in the order in which such requests are received by the Director. If, following the opening statements, any person requires additional time to present, the person's original request to the Director shall also include an estimation of the amount of time required and a justification therefor. (c) Following the opening statements, persons who complied with the provisions of 456 CMR 16.07(3)(b) may be allowed additional time for a further presentation, at the discretion of the Department, in the order followed for the opening statements. (d) Other persons who request to speak, prior to or during the course of the hearing, may do so subject to the availability of time and at the Department's discretion. (4) The Department may limit presentations which are redundant, irrelevant or repetitious. Written statements or memoranda may be submitted for consideration by the Department within seven days after the close of a hearing or such further time as, upon written application, the Department shall allow. (5) Except to the extent that such waiver or modification may be inconsistent with the law, any of the procedures described relating to the conduct of a hearing may be waived or modified by the Department to prevent undue hardship or manifest injustice or as the expeditious conduct of business so requires. (6) A copy of M.G.L. c. 150E and a copy of the proposed standards, rules or regulations shall be made available for inspection at the Boston office of the Department and appropriate notice of any hearing given, in accordance with the requirement of M.G.L. c. 30A, §§ 3 and 9.