Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 2.00 - Adopting Administrative Regulations
Section 2.05 - Procedure for the Adoption, Amendment or Repeal of Regulations Where No Public Hearing Is Required

Universal Citation: 310 MA Code of Regs 310.2

Current through Register 1531, September 27, 2024

Prior to the adoption or amendment other than those subject to 310 CMR 2.06, or the repeal of any regulation, the department shall give notice and afford interested persons an opportunity to present data, views or arguments, as follows:

(1) Notice. Notice of the proposed action to adopt regulations shall be given by the agency at least 21 days prior to its proposed action, unless so me other time is specified by any applicable law. The agency shall publish the notice in at least two newspapers of general circulation, and where appropriate, in such trade, industry, or professional publications as the agency may select. The agency shall likewise notify in writing any person specified by any law and any person or group wich has filed request for notice pursuant to M.G.L. c. 30A, § 3(1)(b).

The notice shall contain the following:

(a) The agency's statutory authority to adopt the proposed regulation.

(b) The procedure for submitting data, views or arguments as set forth in 310 CMR 2.05(2).

(c) The express terms to describe the substance of the proposed action, or state the subjects and issues involved .

(d) Any additional matter required by any law.

The above notwithstanding, the agency shall also comply with any applicable statute which contains provisions for notice which differ from those contained herein.

(2) Procedure. Within 21 days after the publication and sending of notice regarding the proposed action, any interested person may submit a signed letter, brief or other memorandum stating his views or arguments concerning the proposed action. The letter, brief or memorandum shall be addressed to the department and sent to the clerk or secretary by mail or delivered in person during normal business hours. The agency shall consider the proposed action. Within 30 days after this meeting, the agency shall give written notice of the disposition of the proposed action to all persons required to receive personal notice under 310 CMR 2.05(1) and such other persons submitting a letter, brief, or other memorandum.

(3) Oral Participation. The agency may afford any interested person or his duly authorized representative, or both, an opportunity to present data, views or arguments orally before the agency during a meeting at which the proposed action is to be considered. If the agency finds that such oral presentation is unnecessary or impracticable, it may require written presentation according to 310 CMR 2.05(2).

(4) Waiver of Notice and Participation. If the agency finds that the requirements of notice and opportunity to present views on its proposed action are unnecessary, impracticable or contrary to the public interest, the agency may dispense with such requirements or any part thereof. The agency's finding and a brief statement of the reasons for its finding shall be incorporated in the regulation, amendment or repeal as filed with the Secretary of State under 310 CMR 2.08.

(5)310 CMR 2.00 does not relieve any agency from compliance with any law requiring that its regulations be approved by designated persons or bodies before they may become effective.

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