(1) The Department
and the Executive Office of Energy and Environmental Affairs have established
guidelines, policies, and procedures in addition to the APR documents that are
periodically updated and that provide further guidance for Owners. Any
inconsistency between the language of an APR and the language of a policy or
regulation shall be resolved in favor of the APR. The Department shall provide
copies thereof to any Owner upon request and post on its website (https://www.mass.gov/orgs/massachusetts-department-of-agricultural-resources)
all APR Regulations and Department policy documents. The ALPC may advise and
make a recommendation to the Department for policy development or changes. The
ALPC meeting is open to the public and is a forum for the public to comment on
proposed changes to policy; however, it shall be the sole discretion of the
Commissioner to establish and implement policy.
(2)
Review.
(a) The Department shall review once every
three years and in consultation with the ALPC and Board of Agriculture,
established under M.G.L. c. 20, § 1, all existing guidance, policies,
procedures and regulations relative to the management and oversight of the
Program and propose updates to the guidance, policies, procedures or
regulations that are necessary to improve and modernize the management of the
Program;
(b) The Department shall
conduct regional public hearings to assess the effectiveness of the Program and
existing guidance, policies, procedures and regulations; and
(c) The Department shall make a good faith
effort to mail a copy of any guidance, policy, or regulation, whether proposed
or promulgated to all Owners not less than 21 days prior to the date of the
regional public hearing.
