Code of Massachusetts Regulations
811 CMR - DESIGNER SELECTION BOARD
Title 811 CMR 3.00 - Expedited Procedure For Selection Of Designers When An Emergency Situation Exists
Section 3.05 - Voting by DSB Members for Selection in an Emergency Situation

(1) In the event that a request is made under 811 CMR 3.04(1) and (2), the Executive Director of the DSB shall promptly compile the information set forth in 811 CMR 3.03 and 3.04 into a package for distribution and action by all the DSB members at least 24 hours prior to the date by which designer selection is required set forth in the emergency declaration by the Commissioner. When possible, selection shall be made at the next scheduled meeting. When time or other circumstances do not permit, members may vote remotely or by email.

(2) In those cases where the Chair, or in his or her absence, the Vice Chair or senior DSB member, determines that immediate action is required on the basis of an immediate threat to health and safety, or where immediate action is required to complete designer selection by the date set forth in the emergency declaration by the Commissioner, that person shall, in consultation with the project manager or other representative of the office of planning, nominate at least three finalists for the specific project to be acted on. Said Board member may direct the Executive Director to poll all available DSB members by phone or email, and record their vote, tabulate the results, and forward the names of the three or more finalists to the Commissioner for his or her appointment in accordance with M.G.L. c. 7C, §§ 49 and 50.

(3) In the event that the Chair, Vice Chair, or senior DSB member fails to provide the finalist names to the Commissioner by the date set forth in the Commissioner's emergency declaration, the Commissioner may select a designer at his or her own discretion.

(4) The ranking procedures outlined in M.G.L. c. 7C, §§ 49 and 50 shall not apply to the selection process required by 811 CMR 3.00.