Advisory Rulings

(A) Pursuant to M.G.L. c. 30A, § 8, the Department may, upon the request of any Person, make an advisory ruling with respect to the applicability to any Person, property, or state of facts of any provision of 105 CMR 100.000. (B) Any Person desiring an advisory ruling shall direct its request, in writing, to the Department, "Attention: Office of the General Counsel, Determination of Need Program". (C) Each such request shall be titled "Request for Advisory Ruling" and shall set forth, clearly and succinctly, the following: (1) Name; (2) Organization, if applicable; (3) Address of the Person making the request; (4) Interest in, or relationship to, any regulated party; (5) A statement of the facts with respect to which the advisory ruling is requested; and (6) The statutory provision or the section of 105 CMR 100.000 involved. The Person making such a request may also include their views and opinions. (D) It shall be within the discretion of the Department's General Counsel whether to make an advisory ruling on behalf of the Department. (E) Copies of all Department advisory rulings rendered pursuant to 105 CMR 100.000 shall be public records and shall be made available to the public consistent with 105 CMR 100.405(A).