Adoption, Amendment, or Repeal of a Regulation without a Hearing

Scope. 703 CMR 4.07 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 without a hearing. (2) Determination That a Hearing Is Not Required. The Authority takes action to adopt, amend, or repeal a regulation in conformance with 703 CMR 4.07 if M.G.L. c. 30A, § 3, does not require a hearing. Notice. The Authority provides notice in accordance with the requirements of M.G.L. c. 30A, § 3, and any other applicable law prior to the adoption, amendment, or repeal of a regulation as to which a hearing is not required. Submission of Materials. An interested person may submit written materials to the Authority relating to the subject matter of the proposed adoption, amendment, or repeal of a regulation. Such materials are addressed to the general counsel at the main office of the Authority or delivered in person to the main office during regular business hours. The written materials must identify the sender by name and address, and the general counsel must receive the materials not later than five business days before the date set out in the notice under 703 CMR 4.07(3). The Authority may specify in the notice provided under 703 CMR 4.07(3) the manner, place, and time that interested persons may orally present data, views, or argument if the Authority determines that oral presentations are desirable and practicable. (5) 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 any oral or written information, opinion, or argument presented under 703 CMR 4.07(4) and any other oral or written information, opinion, or argument that the Authority decides to consider in order to assist it in reaching a decision. (6) Form of the Regulation. The Authority may decide to adopt, amend, or repeal a regulation in a revised form in a manner that is consistent with the requirements of 703 CMR 4.07(3). Emergency Regulation. Notwithstanding the provisions or requirements of any other subsection of 703 CMR 4.07, the Authority may adopt an emergency regulation under the circumstances described by, and in conformance with, M.G.L. c. 30A, § 3.