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 2.07 - Adoption, Amendment, or Repeal of a Regulation without a Hearing

(1) Scope. 700 CMR 2.07 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 without a hearing.

(2) Determination That a Hearing Is Not Required. MassDOT takes action to adopt, amend, or repeal a regulation in conformance with 700 CMR 2.07 if M.G.L. c. 30A, § 3, does not require a hearing.

(3) Notice. MassDOT provides notice in accordance with the requirements of M.G.L. c. 30A, § 3, and any other applicable law prior to the adoption, amendment, or repeal of a regulation as to which a hearing is not required.

(4) Submission of Materials. An interested person may submit written materials to MassDOT relating to the subject matter of the proposed adoption, amendment, or repeal of a regulation. Such materials are addressed to the general counsel at the main office of MassDOT or delivered in person to the main office during regular business hours. The written materials must identify the sender by name and address, and the general counsel must receive the materials not later than five business days before the date set out in the notice under 700 CMR 2.07(3). MassDOT may specify in the notice provided under 700 CMR 2.07(3) the manner, place, and time that interested persons may orally present data, views, or argument if MassDOT determines that oral presentations are desirable and practicable.

(5) 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 any oral or written information, opinion, or argument presented under 700 CMR 2.07(4) and any other oral or written information, opinion, or argument that MassDOT decides to consider in order to assist it in reaching a decision.

(6) Form of the Regulation. MassDOT may decide to adopt, amend, or repeal a regulation in a revised form in a manner that is consistent with the requirements of 700 CMR 2.07(3).

(7) Emergency Regulation. Notwithstanding the provisions or requirements of any other subsection of 700 CMR 2.07, MassDOT may adopt an emergency regulation under the circumstances described by, and in conformance with, M.G.L. c. 30A, § 3.