Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings
Section 2.04 - Procedure for the Adoption, Amendment, or Repeal of Regulations Where No Public Hearing Is Required

Universal Citation: 220 MA Code of Regs 220.2

Current through Register 1537, December 20, 2024

(1) Notice.

(a) Notice of the proposed action to adopt, amend, or repeal regulations shall be given by the Department at least 21 days prior to its proposed action, unless some other time is specified by any applicable law. The Department shall publish the notice in at least one newspaper of general circulation, and where appropriate, in such trade, industry, or professional publications as the Department may select. The Department shall likewise notify in writing any person specified by any law and any person or group that has filed request for notice pursuant to 220 CMR 2.09.

(b) The notice shall contain the following:
1. The statutory authority under which the action is proposed.

2. The procedure for presenting written or oral comments.

3. The express terms or the substance of the proposed regulations.

4. Any additional matter as required by law.

220 CMR 2.04(1) notwithstanding, the Department shall also comply with any applicable statute that contains provisions for notice that differ from those contained in 220 CMR 2.04(1).

(2) Written or Oral Comments. An interested person may submit written comments to the Department in connection with the proposed regulation in accordance with any procedure set forth in the notice pursuant to 220 CMR 2.04(1). If the Department determines that oral presentations are necessary or practicable, the notice pursuant to 220 CMR 2.04(1) will set forth the manner, place, and time that interested persons may orally present data, views, or argument regarding the proposed regulation.

(3) Emergency Regulation. If the Department finds that the immediate adoption, amendment, or repeal of a regulation is necessary to preserve the public health, safety, or general welfare, and that observance of the requirements of notice and an opportunity for comments would be contrary to the public interest, the Department may dispense with such requirements and adopt, amend, or repeal the regulation as an emergency regulation. The Department's finding and a brief statement of the reasons for its finding shall be incorporated in the emergency regulation as filed with the Office of the Secretary of the Commonwealth in accordance with 220 CMR 2.07. An emergency regulation shall not remain in effect for longer than three months unless, during the time it is in effect, the Department gives notice and an opportunity for comments, and adopts it as a permanent regulation in accordance with 220 CMR 2.00.

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