Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process
Section 10.09 - Waivers
Universal Citation: 225 MA Code of Regs 225.10
Current through Register 1518, March 29, 2024
(1) The Commissioner of DOER may grant a waiver from one or more provisions or requirements of 225 CMR 10.00 upon written request of a Local Governmental Body and a showing of special or exceptional circumstances or need, provided that such written request shall at a minimum meet the following conditions:
(a) The waiver
request must be in writing, signed by the Chief Executive Officer, or a
designee, of the Local Governmental Body, specifying the provisions of
225 CMR 10.00 to be
waived;
(b) The written waiver
request must be mailed to the Commissioner by certified mail, return receipt
requested;
(c) The waiver request
must provide a detailed explanation of why the waiver should be granted,
including all documentation supporting the special circumstances or need for
such waiver including all information and documentation required by DOER;
and
(d) The waiver request must
include a statement that the Local Governmental Body has made a good faith
effort to comply with the applicable requirements of
225 CMR 10.00.
(2) Any waiver granted by the Commissioner of DOER shall not relieve the Local Governmental Body from any responsibility or obligation to comply with the other provisions of 225 CMR 10.00 or any other requirement of law.
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