105 CMR 100.445
Public Hearing
(A) The Commissioner shall order a public hearing upon the written request made by any Party
of Record within 30 days following the Application's Filing Date pursuant to 105 CMR 100.435;
and may, in his or her discretion, order one or more public hearing(s) whenever, in his or her
opinion, a public hearing would aid the Department Staff in carrying out its duties pursuant to
105 CMR 100.000.
(B) The purpose of a public hearing pursuant to 105 CMR 100.445 shall be to allow any Person
to make their views known with respect to an Application before the Department. Such public
hearing shall not be adjudicatory in nature, but shall be a public forum for the presentation of any
comment(s) that may be relevant to the consideration of an Application.
(C) A public hearing ordered by, or requested from, the Commissioner may be held at any time.
If feasible, every public hearing shall be held at a location in the Primary Service Area of the
Proposed Project. Department Staff, at least ten days before any scheduled public hearing, shall
provide notification of the time, place, and nature of such hearing to each Party of Record and
shall publish notification of the hearing within the Primary Service Area of the Proposed Project.
(D) A designated representative of the Department shall conduct any public hearing pursuant
to 105 CMR 100.445.
(E) The Commissioner may request a transcript of the public hearing to be provided at the
expense of the Applicant.