Initial Determinations with Respect to a Petition

Scope. 703 CMR 4.03 governs the procedures by which the Authority makes initial determinations regarding the nature of a petition and whether it conforms to the requirements of 703 CMR 4.02. (2) Who Makes the Initial Determinations. Subject to 703 CMR 4.03(6), the general counsel makes the initial determinations under 703 CMR 4.03. (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 703 CMR 4.01(1); (b) classifying it as more than one type of administrative action noted in 703 CMR 4.01(1) and recommending that the petitioner amend the petition so that the Authority can appropriately consider it under each of such categories; or (c) concluding that the Authority should not consider the petition. One basis upon which the general counsel may conclude that the Authority should not consider the petition under 703 CMR 4.00 is that the petition seeks adjudicatory rather than rulemaking action. Conformance with 703 CMR 4.02. The general counsel determines whether the petition conforms with the requirements of 703 CMR 4.02. Referral to the General Manager for Consideration. Upon completion of the initial determinations specified in 703 CMR 4.03, the general counsel refers the petition and determinations to the General Manager for her consideration in accordance with 703 CMR 4.04. No Requirement to Make an Initial Determination. Notwithstanding the provisions or requirements of any other subsection of 703 CMR 4.03, the Authority 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 703 CMR 4.04.