Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 2.00 - Adopting Administrative Regulations
Section 2.01 - Definition of Regulation

322 CMR 2.00 govern the procedures to be followed by agencies subject to the State Administrative Procedure Act when promulgating regulations (M.G.L. c. 30A, §§ 2 and 3). The term "regulation" is defined by the Act as "the whole or any part of every rule, regulation, standard or other requirement of general application and future effect adopted by an agency to implement or interpret the law enforced or administered by it." [M.G.L. c. 30A, § 1(5)]. "Regulation" does not, however, include advisory rulings, rules relating to the internal management of an agency and not directly related to the rights or procedures available to the public, regulations concerning the development and management of property of the Commonwealth or of the agency, or decisions rendered in adjudicatory proceedings, etc. Accordingly, these rules apply to agencies which are acting in a quasi-legislative capacity, i.e., either promulgating substantive regulations consistent with applicable statutes or promulgating rules governing their own procedures. Where these rules apply, no agency may waive or otherwise modify them except to the extent specifically provided herein.