Scope and Purpose

(1) Scope. The provisions of 700 CMR 2.00 pertain to the following enumerated administrative actions that the Massachusetts Department of Transportation (MassDOT) may take under, or consistent with, the State Administrative Procedure Act (M.G.L. c. 30A). (a) Adoption, Amendment, or Repeal of a Regulation after a Hearing. MassDOT undertakes actions within this category in accordance with the provisions of the State Administrative Procedure Act, M.G.L. c. 30A, §§ 1(5) and 2. (b) Adoption, Amendment, or Repeal of a Regulation without a Hearing. MassDOT undertakes actions within this category in accordance with the provisions of the State Administrative Procedure Act, M.G.L. c. 30A, §§ 1(5) and 3. (c) Issuance of an Advisory Ruling. MassDOT undertakes actions within this category in accordance with the provisions of the State Administrative Procedure Act, M.G.L. c. 30A, § 8. Purpose. The purpose of 700 CMR 2.00 is to advise interested persons and entities concerning the process that MassDOT uses to take administrative action, specifically in relation to rulemaking activity and the clarification of rules and policy through advisory rulings. The intent of 700 CMR 2.00 is to maximize MassDOT's opportunities to receive from interested persons or entities an accurate and balanced view of the issues that MassDOT decides to consider and to set out procedures for MassDOT’s taking efficient action with respect to such issues. However, MassDOT is not required to engage in rulemaking or to issue advisory rulings at the request of an interested person or entity. 700 CMR 2.00 does not alter MassDOT 's discretion as to such matters.