980 CMR 2.08
Advisory Rulings
In accordance with M.G.L. c. 30A, § 8, any Person may at any time request, via written
petition, an advisory ruling with respect to the applicability of any statute or regulation enforced
or administered by the Board to any Person, property or factual situation. A petition shall be
signed by the petitioner, contain the petitioner’s address, state clearly and concisely the substance
or nature of the request, and contain an affidavit or attestation that all of the facts presented are
true to the best of the petitioner’s knowledge. The petition shall be accompanied by any
supporting data, views or arguments. Upon receipt of the petition, the Board shall consider it
and shall, within 60 days after the receipt of the request, notify the petitioner either that the
request is denied or that the Board will render an advisory ruling. In order to assist the Board
in considering the request, the Director may require additional information as they deem
appropriate. At any time before issuance of an advisory ruling, the Board may rescind a decision
to render an advisory ruling. If the advisory ruling is rendered, a copy of the ruling shall be sent
to the petitioner. A complete record of every advisory ruling shall be maintained by the Board.
No advisory ruling shall bind or otherwise stop the Board in any pending or future matter. There
shall be no obligation to render an advisory ruling. An advisory ruling proceeding is not an
adjudicatory proceeding.