Preliminary Action by the Department

In cases where the Department considers Final Action inappropriate, the Department may take preliminary action upon an Application. As preliminary action upon an Application, the Department may direct Department Staff to take one or more of the following actions: (1) Notify the Applicant and all Parties of Record of its intent to resume consideration of the Application at a subsequent Department meeting; (2) Conduct further Department Staff review of the Application in the manner directed, and to report in writing to the Department within a specified period of time; Conduct a public hearing consistent with 105 CMR 100.445 with respect to the Application on such subjects and within such period of time as specified by the Department; (4) Request comments from Parties of Record with respect to such issues, and within such period of time, as specified by the Department; and/or (5) Take other action(s) necessary, in the opinion of the Department, to facilitate appropriate Final Action on the Application by the Department.