Initial Determinations with Respect to a Petition

Scope. 700 CMR 2.03 governs the procedures by which MassDOT makes initial determinations regarding the nature of a petition and whether it conforms to the requirements of 700 CMR 2.02. (2) Who Makes the Initial Determinations. Subject to 700 CMR 2.03(6), the general counsel makes the initial determinations under 700 CMR 2.03. (3) Nature of the Petition. The general counsel determines the nature of the petition by: (a) classifying it as one of the types of administrative action noted in 700 CMR 2.01(1); (b) classifying it as more than one type of administrative action noted in 700 CMR 2.01(1) and recommending that the petitioner amend the petition so that MassDOT can appropriately consider it under each of such categories; or (c) concluding that MassDOT should not consider the petition. One basis upon which the general counsel may conclude that MassDOT should not consider the petition under 700 CMR 2.00 is that the petition seeks adjudicatory rather than rulemaking action. (4) Conformance with 700 CMR 2.02. The general counsel determines whether the petition conforms with the requirements of 700 CMR 2.02. Referral to the Secretary of Transportation for Consideration. Upon completion of the initial determinations specified in 700 CMR 2.03, the general counsel refers the petition and determinations to the Secretary of Transportation for her consideration in accordance with 700 CMR 2.04. No Requirement to Make an Initial Determination. Notwithstanding the provisions or requirements of any other subsection of 700 CMR 2.03, MassDOT may decide as a matter of policy or in any instance to dispense with the process of initial determination and to proceed directly to a decision under 700 CMR 2.04.