Rules of General Applicability

(1) Waiver of Pre-filing Rules. Where good cause appears, but not contrary to the statute, the Director of DPP may permit deviation from any rules contained in 980 CMR 16.00. In evaluating whether good cause exists to grant a waiver or partial waiver from 980 CMR 16.00, 16.03 : continued DPP shall evaluate the interest of the Applicant requesting the waiver, the interests of any other affected Person, the efficient administration of 980 CMR 16.00, and the public interest. Any waiver or partial waiver request must be in writing with documentation supporting the Applicant’s request and filed with DPP and simultaneously mailed to Key Stakeholders, relevant Local Government and state permitting agencies, and the Project email distribution list (if in use at time of waiver request), as well as posted on the Applicant’s project website. Interested parties may submit comments and relevant information related to the waiver request to the Director of DPP within two weeks of the waiver request being sent to DPP. All such requests must be filed on a timely basis to meet the requirements of 980 CMR 16.04. The Director shall review the requested waiver and the information submitted by interested parties and provide a response in writing. (2) Outreach Costs. The Applicant shall bear responsibility for all costs associated with outreach activities and obligations. (3) Ex Parte Communication. The Director and staff of DPP may communicate with parties or individuals and entities seeking to intervene in Board proceedings about substantive matters and such communication shall not be deemed an ex parte communication consistent with 980 CMR 1.03(7)(c). The Director and staff of DPP shall not participate as adjudicatory staff, nor have any input or substantive communication with adjudicatory or decisional staff in adjudicatory matters before the Department or Board, nor shall they serve as legal counsel to or otherwise represent any Party before the Department or Board.