Adoption, Amendment, or Repeal of a Regulation after a Hearing

Scope. 703 CMR 4.06 governs the procedure by which the Authority, acting either in response to a petition submitted under 703 CMR 4.02 or on its own initiative, acts to adopt, amend, or repeal a regulation after a hearing. Requirement of a Hearing. The Authority takes action to adopt, amend, or repeal a regulation in conformance with 703 CMR 4.06 if M.G.L. c. 30A, § 2, requires a hearing. Notice. The Authority provides notice in accordance with the requirements of M.G.L. c. 30A, § 2, and any other applicable law, prior to the adoption, amendment, or repeal of a regulation as to which a hearing is required. (4) Conduct of the Hearing. A hearing takes place on the date and at the place specified in the notice provided under 703 CMR4.06(3). The Authority conducts the hearing in conformance with M.G.L. c. 30A, § 2, and the following provisions. (a) One or more Authority designees, the general counsel, or a hearing officer designated by the Authority (referred to simply as the hearing officer) may conduct a hearing. (b) The hearing officer may impose reasonable time or other restrictions on the presentation of testimony or materials in order to make best use of the time initially allotted for the hearing. (c) The hearing officer may adjourn and continue the hearing to a specified time and place if the hearing officer determines that the initial time allotted for the hearing has proven to be insufficient in view of the goal of providing the Authority with as accurate and balanced a view of the relevant facts and issues as is practicable. (d) The hearing officer shall submit a report to the Authority, either orally or in writing as the Authority determines, that includes a summary of the proceedings, any recommendations that the hearing officer may wish to make, and all materials submitted at the hearing in accordance with 703 CMR 4.06(5). Submission of Materials. An interested person may submit oral or written testimony, or written materials, at or after the hearing in accordance with the following procedures. An interested person may mail, or deliver in person, to the general counsel at the Authority's main office a notice of intent to testify or to submit written or other materials at a hearing (a notice of intent). The general counsel must receive a notice of intent not later than five business days before the hearing. One complete copy of any written materials intended to be submitted at the hearing must be included with the notice of intent. The hearing officer may allow persons who have submitted a notice of intent to testify at the hearing before those who have not and may exclude testimony relating to written materials not submitted in a timely manner with a notice of intent. The hearing officer may exclude from the hearing or subsequent presentation to the Authority any exhibits or materials on the basis that their transportation or storage is impracticable, but shall inform the Authority of any such decision. The Authority at its discretion and at any time prior to making a decision under 703 CMR 4.06(6), may accept from an interested person any additional oral or written testimony or materials concerning the subject matter of the hearing. Any person making such a submission shall indicate in writing the reason that the testimony or materials were not offered or accepted at the hearing. (6) Decision. In making its decision regarding the proposed adoption, amendment, or repeal of a regulation, the Authority may take into account in whatever manner and to whatever extent it deems appropriate: (a) any oral or written information, opinion, or argument presented at a hearing, including the report of the hearing officer; (b) any other testimony or material submitted under 703 CMR 4.06(5)(b); and (c) any other oral or written information, opinion, or argument, from whatever source and however obtained, that the Authority wishes to consider in order to assist it in reaching a decision. Form of the Regulation. The Authority may adopt, amend, or repeal a regulation in a revised form in a manner that is consistent with the requirements of 703 CMR 4.06(3). Emergency Regulation. Notwithstanding the provisions or requirements of any other subsection of 703 CMR 4.06, the Authority may adopt an emergency regulation under the circumstances described by, and in conformance with, M.G.L. c. 30A, § 2.