Code of Massachusetts Regulations
521 CMR - Architectural Access Board
Title 521 CMR 4 - Appeal and Variance
Section 4.7 - PETITION FOR THE ADOPTION OF REGULATIONS

Universal Citation: 521 CMR 4 MA Code of Regs 4.7

Current through Register 1531, September 27, 2024

Petition: Any interested person or such person's attorney may at any time petition the Board to adopt, amend or repeal any regulation. The petition shall be addressed to the Board and sent by mail or delivered in person during normal business hours. All petitions shall be signed by the petitioner or the petitioner's attorney, contain the petitioner's address or the address of the petitioner's attorney, and set forth clearly and concisely the text of the proposed regulation. The petition may be accompanied by any supporting data, views or arguments. A member of the Board may make a written recommendation that a regulation be adopted, amended or repealed.

4.7.1 Initial Procedure: Within 60 days of the receipt of a petition or recommendation, the Board shall hold a meeting to determine whether or not to schedule the petition or recommendation for further proceedings in accordance with M.G.L. c. 30A. If the regulation has been presented by petition, the Board shall notify the petitioner within ten days after making such a determination.

4.7.2 Procedure for the Adoption, Amendment or Repeal of Regulations:

a. The procedures for the adoption, amendment or repeal of any regulation shall comply with M.G.L. c. 30A.

b. Where no public hearing is required, the Board may afford any interested person or his duly authorized representative, or both, an opportunity to present data, views or arguments orally before the Board during the meeting at which the proposed action is to be considered. If the Board finds that such oral presentation is unnecessary or impracticable, it may require written presentation.

c. Where a public hearing is required, the Board shall afford any interested person or his duly authorized representative, or both, an opportunity to present statements and arguments orally. In its discretion, the Board may limit the length of oral presentation.

4.7.3 Filing of Regulations: Upon the adoption of a regulation, an attested copy shall be filed with the Secretary of the Commonwealth together with a citation of the statutory authority under which the regulation has been promulgated. The regulation shall take effect upon filing unless a later date is required by law or is specified by the Board in the Regulation.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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