Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 2.00 - Adopting Administrative Regulations
Section 2.06 - Procedure for the Adoption or Amendment of Regulations Where a Public Hearing Is Required
Current through Register 1531, September 27, 2024
Prior to the adoption or amendment of any regulation as to which a hearing is required by any law, or of any other regulation the violation of which is punishable by fine or imprisonment except a regulation of department practice or procedure, the department shall give notice and hold a public hearing, as follows:
(1) Notice. Notice of a public hearing shall be given at least 21 days prior to the date of the hearing, unless some 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 which has file d written request for notice pursuant to M.G. L. c. 30A, § 2(1)(b).
The notice shall contain the following:
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. On the date and at the time and place designated in the notice referred to in 310 CMR 2.06(1), the agency shall hold a public hearing. The meeting shall be opened, presided over and adjourned by the Commissioner, or other employee authorized to adopt regulations, or a designee. The public hearing shall comply with any requirements imposed by law, but shall not be subject to the provisions of law or regulation governing adjudicatory proceedings. 310 CMR 2.06(2) does not relieve any agency from compliance with any law requiring that its regulations be approved by designated persons or bodies before they become effective. Within ten days after the close of the public hearing, written statements and arguments may be filed with the agency. The agency shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.
(3) Oral Participation. Any interested person or his duly authorized representative, or both, shall be given an opportunity to present orally statements and arguments. In its discretion the agency may limit the length of oral presentation.
(4) Emergency Regulation. If an agency finds that the immediate adoption of a regulation is necessary for the public health, safety or general welfare, and that observance of requirements of notice and public hearing would be contrary to the public interest, the agency may dispense with such requirements and adopt the regulation as an emergency regulation. The agency's finding and a brief statement of the reasons for its finding shall be incorporated in the emergency regulation as filed with the Secretary of State in accordance with 310 CMR 2.08. Any emergency regulation so adopted shall state the date on which it is to be effective and the date upon which it shall expire. If no effective date is stated, the regulation shall be presumed to take effect upon being filed with the Secretary of State under 310 CMR 2.08. An emergency regulation shall not remain in effect for longer than three months unless during the time it is in effect the agency gives notice and holds a public hearing and adopts it as a permanent regulation in accordance with 310 CMR 2.00.
