Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings
Section 2.04 - Decision by MassDOT with Respect to a Petition

Universal Citation: 700 MA Code of Regs 700.2

Current through Register 1518, March 29, 2024

(1) Scope. 700 CMR 2.04 governs the procedure by which MassDOT determines how to proceed with a petition submitted under 700 CMR 2.02.

(2) Alternative Actions. MassDOT may consider any recommendations or determinations that the general counsel makes under 700 CMR 2.03 with respect to a petition or may consider a petition alone. MassDOT may decide to:

(a) take no further action on a petition;

(b) postpone action on a petition until the petitioner has redrafted or supplemented it to meet stated deficiencies;

(c) postpone action on a petition to a subsequent meeting or indefinitely;

(d) proceed under 700 CMR 2.06, and in accordance with the requirements of M.G.L. c. 30A, § 2, to adopt, amend, or repeal a regulation of MassDOT after a hearing;

(e) proceed under 700 CMR 2.07, and in accordance with the requirements of M.G.L. c. 30A, § 3, to adopt, amend, or repeal a regulation of MassDOT without a hearing;

(f) proceed under 700 CMR 2.08, and in accordance with the requirements of M.G.L. c. 30A, § 8, to issue an Advisory Ruling; or

(g) take any other action that MassDOT deems appropriate.

(3) Change of Decision. At any time, and for any reason, MassDOT may change a decision taken under 700 CMR 2.04(2), including a change that results in MassDOT's taking no further action on the petition.

(4) Notification. As soon as practicable after taking an action under 700 CMR 2.04(2) or (3), MassDOT notifies the petitioner of the action by mailing or emailing notice to the address or email address specified on the petition. MassDOT is not required to explain or substantiate the reasons for any action that it takes under 700 CMR 2.04(2) or (3).

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