Regulatory Action

The Commission may take or decline to take any regulatory action, whether or not such action is requested by a petitioner, provided the action is allowed by law. In pursuing any regulatory action, the Commission shall proceed in accordance with M.G.L. c. 30A and 950 CMR 20.00: Preparing and Filing Regulations. (3) If the Commission schedules any public hearing or commences any other public comment process related to proposed regulatory action in response to a petition, the Commission shall provide notice of the public hearing or other public comment process to: (a) The petitioner, or where there are multiple petitioners, to any one of the petitioners; and (b) Each person or entity referenced in any certificate of service that accompanied the petition, unless such a step would be impracticable. (4) At any hearing conducted by the Commission with respect to proposed regulatory action, the presiding official: (a) Shall be designated by the Chair; (b) May impose reasonable restrictions on the speaking time or the presentation of testimony or materials; and (c) May adjourn and continue the hearing to a specified time and place upon determining that the initial time allotted for the hearing has proven to be insufficient. Following any public hearing or other public comment process concerning proposed regulatory action, the Commission may, by a vote of the Commissioners, approve revisions to the proposed regulatory action, whether or not such revisions were suggested in such a public hearing or other public comment process. If the Commission takes any regulatory action in response to a petition, the Commission shall provide notice of the action to: (a) The petitioner, or where there are multiple petitioners, to any one of the petitioners; and (b) Each person or entity referenced in any certificate of service that accompanied the petition, unless such a step would be impracticable. (7) If the Commission decides not to take a regulatory action requested by a petitioner: (a) The Commission shall provide notice of the decision to the petitioner with reasonable promptness; and (b) Unless the Commission expressly indicates otherwise, the decision shall not represent an affirmative adoption of a position contrary to the petitioner’s, and no weight should be assigned to the decision. Following the Commission’s approval of any regulation, any statement in response to a petition, or any related document, the Commission staff may make revisions to the document that are not substantive and are needed to correct clear errors in names, dates, numbers, citations, quotations, spelling, typography, or formatting.