Action by Consent

(1) Scope. Any decision of the Board, except the final decision in any adjudicatory proceeding, may be made by action by consent pursuant to the procedures of 980 CMR 2.07. These procedures shall be used only when the Board, in its discretion, determines that expeditious action is necessary. (2) Procedure. The Chair shall prepare a document entitled "Action by Consent" which sets forth the decision proposed to be taken by the Board. The document or copies thereof shall be presented to each member of the Board for review. A member may indicate consent by affixing his signature to the document or copy. The proposed action by consent shall be deemed to have been taken when the document and copies bearing the signatures of all Board members are returned to the Chair. A proposed action by consent shall become void if it does not receive all required signatures before the beginning of any meeting of the Board held pursuant to 980 CMR 2.04. (3) Notice. (a) Except in an emergency, a notice of each proposed "Action by Consent" shall be filed with the Secretary of State, and a copy thereof posted in the public office of the Executive Office for Administration and Finance at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the circulation of such proposed decision to Board members for signature. (b) The notice shall state: 1. that the notice is for an action proposed to be taken by unanimous written consent of the Board rather than by meeting; 2. that the proposed action by consent shall become void if not signed by all Board members prior to the next meeting of the Board; and 3. the full and complete text of the proposed action by consent, or, if the proposed action by consent consists of more than 200 words, a summary of its terms and a statement that the full text may be obtained at the offices of the Board. (c) For the purpose of 980 CMR 2.07, "emergency" shall mean a situation in which immediate action without delay is deemed by the Board to be imperative. 2/27/26 980 CMR - 16.1 (4) Records of Actions by Consent. The Board shall maintain accurate records of all proposed actions by consent. A record of the Board's action on a proposed action by consent shall be made available with reasonable promptness after its approval by all Board members or after it becomes void.