Decision by MassDOT with Respect to a Petition

Scope. 700 CMR 2.04 governs the procedure by which MassDOT determines how to proceed with a petition submitted under 700 CMR 2.02. (2) Alternative Actions. MassDOT may consider any recommendations or determinations that the general counsel makes under 700 CMR 2.03 with respect to a petition or may consider a petition alone. MassDOT may decide to: (a) take no further action on a petition; (b) postpone action on a petition until the petitioner has redrafted or supplemented it to meet stated deficiencies; (c) postpone action on a petition to a subsequent meeting or indefinitely; (d) M.G.L. c. 30A, § 2, to adopt, amend, or repeal a regulation of MassDOT after a hearing; (e) M.G.L. c. 30A, § 3, to adopt, amend, or repeal a regulation of MassDOT without a hearing; (f) M.G.L. c. 30A, § 8, to issue an Advisory Ruling; or (g) take any other action that MassDOT deems appropriate. Change of Decision. At any time, and for any reason, MassDOT may change a decision taken under 700 CMR 2.04(2), including a change that results in MassDOT's taking no further action on the petition. (4) Notification. As soon as practicable after taking an action under 700 CMR 2.04(2) or (3), MassDOT notifies the petitioner of the action by mailing or emailing notice to the address or email address specified on the petition. MassDOT is not required to explain or substantiate the reasons for any action that it takes under 700 CMR 2.04(2) or (3).