Code of Massachusetts Regulations
555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions
Section 11.06 - Issuance of an Advisory Opinion

Universal Citation: 555 MA Code of Regs 555.11

Current through Register 1531, September 27, 2024

(1) The Commission may issue or decline to issue any advisory opinion, whether or not such action is requested by a petitioner, provided the action is allowed by law.

(2) The Commission shall issue an advisory opinion only if its issuance and its general substance are approved by a vote of the Commissioners, either before or after the development of a draft advisory opinion.

(3) Any advisory opinion:

(a) Shall be in writing;

(b) Shall be issued in the name of the Commission;

(c) Shall include a statement of reasons supporting any conclusion reached; and

(d) May be signed by an individual on behalf of the Commission.

(4) If the Commission issues an advisory opinion in response to a petition, the Commission:

(a) Shall provide a copy of the advisory opinion to:
1. The petitioner, or where there are multiple petitioners, to any one of the petitioners; and

2. Each person or entity referenced in any certificate of service that accompanied the petition, unless such a step would be impracticable;

(b) Shall afford the petitioner the opportunity to request, within a reasonable and specified period of time, that the Commission omit the petitioner's name from any publicized version of the opinion;

(c) Shall honor any timely request made under 555 CMR 11.06(4)(b), unless the Commission decides otherwise by a vote of the Commissioners;

(d) Shall maintain a copy of the advisory opinion; and

(e) Except as provided in 555 CMR 11.06(4)(c), may publish an advisory opinion on its website or otherwise, where such publication is not precluded by law.

(5) If the Commission decides not to issue an advisory opinion in response to a petition:

(a) The Commission shall provide notice to the petitioner of the decision with reasonable promptness; and

(b) Unless the Commission expressly indicates otherwise, the decision shall not represent an affirmative adoption of a position contrary to the petitioner's, and no weight should be assigned to the decision.

(6) Following the Commission's approval of any advisory opinion, any statement in response to a petition, or any related document, the Commission staff may make revisions to the document that are not substantive and are needed to correct clear errors in names, dates, numbers, citations, quotations, spelling, typography, or formatting.

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