Current through Register 1518, March 29, 2024
(1)
Scope. 700 CMR
2.06 governs the procedure by which MassDOT, acting either in response to a
petition submitted under 700 CMR 2.02 or on its own initiative, acts to adopt,
amend, or repeal a regulation after a hearing.
(2)
Requirement of a
Hearing. MassDOT takes action to adopt, amend, or repeal a
regulation in conformance with 700 CMR 2.06 if M.G.L. c. 30A, § 2,
requires a hearing.
(3)
Notice. MassDOT provides notice in accordance with the
requirements of M.G.L. c. 30A, § 2, and any other applicable law, prior to
the adoption, amendment, or repeal of a regulation as to which a hearing is
required.
(4)
Conduct
of the Hearing. A hearing takes place on the date and at the place
specified in the notice provided under 700 CMR 2.06(3). MassDOT conducts the
hearing in conformance with M.G.L. c. 30A, § 2, and the following
provisions.
(a) One or more MassDOT designees,
the general counsel, or a hearing officer designated by MassDOT (referred to
simply as the hearing officer) may conduct a hearing.
(b) The hearing officer may impose reasonable
time or other restrictions on the presentation of testimony or materials in
order to make best use of the time initially allotted for the
hearing.
(c) The hearing officer
may adjourn and continue the hearing to a specified time and place if the
hearing officer determines that the initial time allotted for the hearing has
proven to be insufficient in view of the goal of providing MassDOT with as
accurate and balanced a view of the relevant facts and issues as is
practicable.
(d) The hearing
officer shall submit a report to MassDOT, either orally or in writing as
MassDOT determines, that includes a summary of the proceedings, any
recommendations that the hearing officer may wish to make, and all materials
submitted at the hearing in accordance with 700 CMR 2.06(5).
(5)
Submission of
Materials. An interested person may submit oral or written
testimony, or written materials, at or after the hearing in accordance with the
following procedures.
(a) An interested person
may mail, or deliver in person, to the general counsel at MassDOT's main office
a notice of intent to testify or to submit written or other materials at a
hearing (a notice of intent). The general counsel must receive a notice of
intent not later than five business days before the hearing. One complete copy
of any written materials intended to be submitted at the hearing must be
included with the notice of intent. The hearing officer may allow persons who
have submitted a notice of intent to testify at the hearing before those who
have not and may exclude testimony relating to written materials not submitted
in a timely manner with a notice of intent. The hearing officer may exclude
from the hearing or subsequent presentation to MassDOT any exhibits or
materials on the basis that their transportation or storage is impracticable,
but shall inform MassDOT of any such decision.
(b) MassDOT at its discretion and at any time
prior to making a decision under 700 CMR 2.06(6), may accept from an interested
person any additional oral or written testimony or materials concerning the
subject matter of the hearing. Any person making such a submission shall
indicate in writing the reason that the testimony or materials were not offered
or accepted at the hearing.
(6)
Decision. In
making its decision regarding the proposed adoption, amendment, or repeal of a
regulation, MassDOT may take into account in whatever manner and to whatever
extent it deems appropriate:
(a) any oral or
written information, opinion, or argument presented at a hearing, including the
report of the hearing officer;
(b)
any other testimony or material submitted under 700 CMR 2.06(5)(b);
and
(c) any other oral or written
information, opinion, or argument, from whatever source and however obtained,
that MassDOT wishes to consider in order to assist it in reaching a
decision.
(7)
Form of the Regulation. MassDOT may adopt, amend, or
repeal a regulation in a revised form in a manner that is consistent with the
requirements of 700 CMR 2.06(3).
(8)
Emergency
Regulation. Notwithstanding the provisions or requirements of any
other subsection of 700 CMR 2.06, MassDOT may adopt an emergency regulation
under the circumstances described by, and in conformance with, M.G.L. c. 30A,
§ 2.
