Code of Massachusetts Regulations
313 CMR - DIVISION OF WATER SUPPLY PROTECTION
Title 313 CMR 11.00 - Watershed Protection
Section 11.02 - General Provisions
Current through Register 1531, September 27, 2024
(1) Time Periods. Unless otherwise specifically provided in St. 1992, c. 36 or 313 CMR 11.00, computation of any time period referred to in 313 CMR 11.00 shall begin with the first day following the action which initiates the running of the time period. The last day of the time period so computed is to be included unless it is a Saturday, Sunday or legal holiday or any other day on which the office of the Division is closed, in which event the period shall run until the end of the next following business day. When the time period is less than seven days, intervening days when the Division is closed shall be excluded from the computation.
(2) Timely Filing. All Papers must be filed at the Division office or such other place as the Division shall specify in 313 CMR 11.00 within the time limits set forth in 313 CMR 11.00.
Unless otherwise specifically provided in St. 1992, c. 36 or 313 CMR 11.00, Papers filed in the following manner shall be deemed to be filed as set forth in 313 CMR 11.00:
All Papers shall show the date received by the Division and the Division shall cooperate in giving date receipts to Persons filing Papers by hand delivery.
(3) Burden of Proof. Any Person who files a request for an Advisory Ruling, a request for Watershed Determination of Applicability, an application for a Variance Decision, or a request for Exemption of a Tributary shall have the burden of producing credible evidence from a competent source in order to demonstrate to the Division or, in the case of an appeal, to the Commissioner, support for the position taken or the relief requested.
(4) Capitalized Terms. Any capitalized terms used in 313 CMR 11.00 shall have the meanings ascribed to such terms in 313 CMR 11.03.
