(1)
935
CMR 500.180 is governed by M.G.L. c. 94G
§ 3 (d)(1)-(5), as amended by St. 2022, c. 180 which went into effect on
November 9, 2022. Pursuant to M.G.L. c. 94G § 4(a), the Commission is
authorized to review, regulate, enforce, and approve HCAs and to develop a
Model Host Community Agreement.
(2)
General Requirements for Host Community Agreements.
The Commission shall review and approve each HCA as part of a completed License
application and at each License renewal. The parties to an HCA relative to an
application for licensure are a License Applicant and a Host Community. The
parties to an HCA relative to an application for renewal of licensure are a
Host Community and a Marijuana Establishment.
(a) A License Applicant seeking a new License
to operate a Marijuana Establishment or MTC shall negotiate and execute a
compliant HCA with a Host Community, unless a compliant HCA Waiver has been
submitted pursuant to
935
CMR 500.180(5). A compliant
HCA or compliant HCA Waiver must be submitted in order for a License
application to be deemed complete pursuant to
935
CMR 500.102.
(b) A Marijuana Establishment seeking renewal
of a License to continue to operate in a Host Community shall have an HCA that
complies with
935
CMR 500.180 unless a compliant HCA Waiver has
been submitted pursuant to
935
CMR 500.180(5).
(c) An HCA submitted by a License Applicant
or Marijuana Establishment which is determined to conform with the Model Host
Community Agreement will be presumed compliant for purposes of this
section.
(d) A Host Community shall
negotiate the terms of an HCA in good faith.
(e) Each of the parties shall ensure that
HCAs satisfy the following minimum acceptable requirements:
1. The parties shall ensure that references
in an HCA to a License Applicant or Marijuana Establishment are consistent with
both the business entity name certified and recorded with the Secretary of the
Commonwealth and the business entity name stated either in a License
Applicant's license application or on a Marijuana Establishment's license
record as maintained by the Commission.
2. The parties shall ensure that HCAs set
forth all of a Host Community's conditions for allowing a Marijuana
Establishment or a License Applicant to operate in the community. A Host
Community may not contract for any purpose, on any terms, or under any
conditions inconsistent with any applicable provision of Massachusetts General
Laws. No Host Community may impose an unreasonable condition or a term that is
Unreasonably Impracticable in an HCA. A condition may be presumed reasonable
if:
a. The condition is required under a Host
Community's local rules, regulations, ordinances, or bylaws;
b. The condition has been deemed necessary to
ensure public safety and proposed by the chief law enforcement authority and/or
fire protection chief in a Host Community with explanation and detail why the
condition is necessary for public safety.
c. The condition has been deemed necessary to
ensure public health and proposed by the chief public health authority in a
Host Community with explanation and detail why the condition is necessary for
public health.
d. The condition is
a local requirement customarily imposed by a Host Community on other,
non-cannabis businesses operating in the community;
e. The condition is required by
law;
f. The condition does not
conflict with other laws; or
g.
The condition is otherwise deemed reasonable by the Commission based on
particular circumstances presented by an HCA or contracting
parties.
3. The parties
shall ensure that HCAs include a statement of all stipulated responsibilities
between a Host Community and a License Applicant or between a Host Community
and a Marijuana Establishment including, but not limited to, the following:
a. A provision requiring a Host Community to
annually transmit its invoice of claimed impact fees to a Marijuana
Establishment within one month of the anniversary of the date a Marijuana
Establishment received final licensure;
b. A provision explicitly identifying any
generally occurring fees to be charged by a Host Community. Generally occurring
fees are customarily imposed on other non-cannabis businesses operating in a
Host Community and shall not be considered a CIF (e.g.,
routine water, property tax, sewer, trash pickup
etc.).
4. The parties shall ensure that HCAs include
the following information:
a. The specific
Marijuana Establishment license operations permitted under the terms of the
HCA;
b. The name, signature, and
title of the individual(s) authorized to enter into HCAs on behalf of a Host
Community as a contracting authority;
c. The name, signature, and title of the
individual(s) authorized to enter into HCAs on behalf of a License Applicant or
a Marijuana Establishment as an authorized representative;
d. The date(s) of execution by both
parties;
e. The effective date of
an HCA; and
f. The duration of an
HCA.
5. The parties shall
ensure that HCAs provide clear, specific terms regarding a Host Community's
assessment of a CIF if applicable, including, but not limited to, a provision
requiring a Host Community to transmit its invoice of claimed impact fees to a
Marijuana Establishment within one month of the anniversary of a Marijuana
Establishment's final license date.
(f) The parties may include a clause in an
HCA whereby the parties voluntarily agree to bring HCA disputes before a
private mediator retained by the parties. Neither party may unilaterally compel
private mediation.
(g) Approval of
HCAs may be conditioned on a Host Community being in good compliance standing
with the Commission relative to any HCA to which the Host Community is a
contracting party.
(h) The
Commission may deem a provision of an HCA invalid, and therefore unenforceable,
based on a finding that the provision violates M.G.L. c. 94G,
935 CMR
500.000 or
935 CMR
501.000: Medical Use of Marijuana.
The Commission may also declare an HCA or a provision of an HCA voidable upon
deeming the HCA as a contract of adhesion.
(i) The Commission may decline to approve an
HCA on the basis of any other ground that serves the purposes of M.G.L. c. 94G,
935 CMR
500.000, or
935 CMR
501.000: Medical Use of
Marijuana.
(j) A Marijuana
Establishment that seeks a name change pursuant to
935
CMR 500.104(1) after
execution of an HCA must provide notice of the change to the Host Community in
a form and manner determined by the Commission. A Marijuana Establishment that
seeks a location change to another Host Community shall submit a new HCA to the
Commission. A Marijuana Establishment that seeks a location change within the
same Host Community after execution of an HCA may be required to provide an
amended HCA to the Commission. A Marijuana Establishment that submits a Change
of Ownership request for the transfer of a license may be required to submit a
new or amended HCA to the Commission.
(k)
Prohibitions.
1. No License Applicant, Marijuana
Establishment, or Host Community shall enter into an HCA that includes a
promise to make a future monetary payment, in-kind contribution, or charitable
contribution. A License Applicant or Marijuana Establishment may voluntarily
provide organizations with monetary payments, in-kind contributions and
charitable contributions after executing an HCA, as long as a License Applicant
or Marijuana Establishment's actions are not performed because of a condition
imposed by a Host Community, whether explicitly or implicitly.
2. A contractual financial obligation, other
than a CIF, that is explicitly or implicitly a factor considered in or included
as a condition of an HCA is unenforceable, subject to the following exceptions:
a. References in an HCA to a Marijuana
Establishment's obligations to pay any fees associated with sales tax, excise
tax on Marijuana and Marijuana Products, optional local tax, or as otherwise
provided in M.G.L. c. 94G, M.G.L. c. 64H, and M.G.L. c. 64N.
b. References in an HCA to a Marijuana
Establishment's obligations to pay a Host Community for generally occurring
fees associated with operating in a Host Community (e.g.,
water, sewer, property tax, etc.).
3. No Host Community may mandate or otherwise
require that the CIF be a certain percentage of a Marijuana Establishment's
total or gross sales as a term or condition of an HCA.
4. A Host Community shall not demand a CIF
exceeding 3% of the gross sales of a Marijuana Establishment as a term or
condition of an HCA.
5. No License
Applicant, Marijuana Establishment, or Host Community will use Inducements to
negotiate or execute an HCA. No municipality or Host Community shall negotiate
or renegotiate an HCA through the use of undue influence, duress, coercion,
intimidation, threats, or any strong-arm tactics including by threat of
dissolution of the HCA.
6. No Host
Community may rely on other written instruments, contracts, or agreements to
impose terms or conditions on a License Applicant, Marijuana Establishment, or
Medical Marijuana Treatment Center outside of an HCA.
(l) The following terms, conditions, or
clauses are prohibited in an HCA:
1. A
provision that discourages any party from bringing a civil cause of action or
other legal challenge relative to an HCA or to an individual term or provision
of an HCA;
2. A provision that
requires a License Applicant or Marijuana Establishment to make upfront
payments as a condition for operating in the Host Community;
3. A provision that affords a Host Community
sole and absolute discretion on how a Host Community will spend a
CIF;
4. A provision waiving a
Marijuana Establishment's ability to dispute whether impact fees claimed by a
Host Community are Reasonably Related and properly due and payable as a
CIF;
5. A provision that
categorically deems a Host Community's claimed impact fees to be reasonably
related or that otherwise excuse a Host Community from calculating impact fees
based on the actual operations of a Marijuana Establishment;
6. A provision that imposes legal, overtime,
or administrative costs or any costs other than a CIF on a Marijuana
Establishment with the exception of a Marijuana Establishment's tax obligations
or its responsibility for paying routine, generally occurring municipal
fees;
7. A provision that obligates
a Marijuana Establishment to set aside money in an escrow, bond, or other
similar account for a Host Community's use or purposes;
8. A provision that requires a Marijuana
Establishment to make any additional payments or obligations including but not
limited to monetary payments, in-kind contributions, providing staffing,
advance payments, or charitable contributions by a Marijuana Establishment to a
Host Community or any other organization.
9. A provision including or otherwise deeming
good faith estimates, unquantifiable costs, generalized expenses, or pro-rated
expenses as a CIF.
(3)
Review and Certification of
Host Community Agreements. The Commission, through its Executive
Director or the director's delegee, shall review an HCA submitted by a License
Applicant or a Marijuana Establishment and make a determination certifying
whether the HCA, in whole or in part, satisfies Commission requirements.
(a) The Commission shall complete its review
of an HCA within 90 days of receiving an HCA from a Marijuana Establishment.
The Commission may request additional information or send a determination
notice identifying deficiencies in an HCA. Submission of an amended HCA resets
the 90-day period of Commission review.
(b)
Review of HCAs Submitted by
License Applicants.
1. All
applications for initial licensure submitted on or after March 1, 2024, must
include an HCA that complies with
935 CMR
500.000 or a compliant HCA Waiver.
2. The Commission may request additional
information from a License Applicant or a Host Community in connection with its
review.
3. The Commission shall
send a notice of its HCA determination to both a License Applicant and a Host
Community within 90 days of receipt of an HCA.
4. If the Commission determines that a
License Applicant's HCA does not comply with
935
CMR 500.180, then the HCA determination
notice shall state the following:
a. The
factual basis for the Commission's finding of noncompliance, including
identification of the noncompliant term(s), condition(s), or provision(s) of
the HCA, if applicable;
b. The
parties' option to correct the noncompliance and submit an amended HCA;
and
c. The parties' option to
submit an HCA Waiver that complies with
935
CMR 500.180(5);
and
5. Failure to submit
a compliant HCA or a compliant HCA Waiver with an application for licensure may
result in an application remaining incomplete pursuant to
935
CMR 500.102.
(c)
Review of HCAs submitted by a
Marijuana Establishment
1. All
renewal applications submitted on or after March 1, 2024, must include an HCA
that complies with
935 CMR
500.000 or a compliant HCA Waiver.
2. The Commission may request additional
information from a Marijuana Establishment or a Host Community in connection
with its review.
3. The Commission
shall send a notice of its HCA determination to both a Marijuana Establishment
and a Host Community within 90 days of receipt of the HCA. The determination
notice shall identify whether the HCA, in whole or in part, complies with
935
CMR 500.180.
4. If the Commission determines that a
Marijuana Establishment's HCA does not comply with
935
CMR 500.180, then the HCA determination
notice shall provide the following:
a. The
factual basis for the Commission's finding of noncompliance, including
identification of the noncompliant term(s), condition(s), or provision(s) of
the HCA, if applicable;
b. The
parties' option to correct the noncompliance and submit an amended
HCA;
c. The parties' option to
submit an HCA Waiver that complies with
935
CMR 500.180(5);
and
d. The parties' option to
proceed under an executed HCA that conforms with the Commission's Model Host
Community Agreement, to be relied on in the interim until the parties come to
an agreement;
5. A Host
Community shall notify a Marijuana Establishment if it no longer intends to
continue as a Host Community for a Marijuana Establishment. A Host Community
shall not discontinue relations with a Marijuana Establishment in bad faith. On
receipt of a notice of discontinuance from a Host Community, the Marijuana
Establishment shall notify the Commission. On receipt of a notice of
discontinuance, an ME may submit a request for equitable relief to the
Commission consistent with
935
CMR
500.180(3)(c)6.
6. If a Host Community discontinues relations
with an ME, or on submission of a mutual abrogation agreement executed by both
a Host Community and an ME, an ME may submit a request for equitable relief to
the Commission.
a. A Marijuana Establishment's
request for equitable relief must identify facts, information, and any
documentation to support why a Marijuana Establishment should be considered for
equitable remedies. A Marijuana Establishment shall ensure that the request for
equitable relief includes a Host Community's notice under
935
CMR
500.180(3)(c)4.d.
b. Commission Staff will conduct a paper
review of the petition and make a recommendation to the Commission.
c. The Commission may exercise its discretion
whether to grant one or more of the following equitable remedies to a Marijuana
Establishment:
i. Extension of a License
expiration date without incurring additional prorated fees;
ii. Waiver of a Change of Location
fee;
iii. institution of procedures
for winding down an ME's operations at the licensed Premises;
iv. Other equitable relief as determined by
the Commission.
d. If the
Commission grants or denies equitable relief to a Marijuana Establishment, the
agency will provide notice of its decision to a Marijuana Establishment and a
Host Community. A Host Community or a Marijuana Establishment may seek relief
from a court of competent jurisdiction.
7. Failure to submit a compliant HCA or
compliant HCA Waiver may constitute grounds for denial of a renewal
application.
8. Any action
subsequently taken to deny a Marijuana Establishment's renewal application due
to failure to produce a compliant HCA or a compliant HCA Waiver shall afford
Marijuana Establishments a right to hearing pursuant to
935
CMR 500.500.
a. If a Marijuana Establishment elects a
hearing pursuant to
935
CMR 500.500, the administrative proceeding
must be conducted pursuant to
801
CMR 1.01, Formal
Rules.
b. A Host Community
may seek intervention as a party to the hearing.
(d)
Complaints Alleging
Noncompliance with
935
CMR 500.180
.
1. Consistent with its power to enforce HCAs,
the Commission may, at its discretion, investigate any complaint alleging
noncompliance with the requirements in
935
CMR 500.180(3)(d) and take
enforcement action as provided in
935 CMR
500.000.
2. An interested person may file a complaint
with the Commission alleging noncompliance with an HCA requirement under
935
CMR 500.180. Nothing in
935
CMR 500.180(3)(d)2. shall be
construed to prevent a Marijuana Establishment or a Host Community from
bringing a private breach of contract action in a court of competent
jurisdiction regarding an alleged breach of specific promises mutually agreed
to in the parties' HCA.
3. If the
Commission substantiates an allegation of noncompliance with HCA regulatory
requirements, then the Commission may take administrative or enforcement action
against a Licensee or a Host Community including sending a notice of
deficiency, requesting additional information, or otherwise taking action as
provided under
935 CMR
500.000.
4. Failure by a Host Community to correct the
noncompliant conduct may result in one or more of the following:
a. Issuance of sanctions pursuant to
935
CMR 500.360;
b. Loss of a Host Community's good compliance
standing for purposes of
935
CMR 500.180(2)(e);
c. Identification of a Host Community lack of
good compliance standing in a form and manner determined by the Commission;
or
d. Abstaining from consideration
of any new license applications affiliated with a Host Community until a Host
Community's good compliance standing is
restored.
(4)
Community Impact
Fees.
(a) General Requirements.
Pursuant to M.G.L. c. 94G, § 4(a1/2), the Commission is charged with
establishing criteria for reviewing, certifying, and approving CIFs.
1. To qualify as a CIF, an impact fee claimed
by a Host Community must be Reasonably Related.
2. On certification by the Commission, a CIF
becomes properly due and payable unless disputed by a Marijuana Establishment
consistent with
935
CMR
500.180(4)(c)4.a.
3. A Host Community may assess a CIF as a
condition of allowing a License Applicant or a Marijuana Establishment to
operate or continue to operate in its community. A Host Community may also opt
not to assess a CIF.
4. A Host
Community may also opt not to assess a CIF.
5. A Host Community shall ensure that the
initial invoice period of claimed impact fees covers a one-year period that
starts from the date the Commission grants a Marijuana Establishment a final
license. A Host Community shall further ensure that all subsequent, one-year
invoice periods are consistent with the anniversary of a Marijuana
Establishment's final license date. The Commission will not certify any impact
fees attributable to dates outside of the applicable invoice period.
6. A Host Community seeking to assess a CIF
shall transmit an itemized invoice to a Marijuana Establishment in a form and
manner determined by the Commission documenting claimed impact fees arising
from the preceding year of a Marijuana Establishment's operations.
a.
Sunshine
Requirement: A Host Community shall ensure that impact fee
invoices include a specific description of how the claimed impact fees were
spent, including each line item for each good or service charged stating its
cost, purpose, and relation to a Marijuana Establishment's
operations.
b. A Host Community
shall transmit its impact fee invoice to a Marijuana Establishment no later
than one month after the anniversary of the date the Marijuana Establishment
received a final license from the Commission. A Host Community's failure to
transmit the impact fee invoice to a Marijuana Establishment within the
prescribed time shall result in a forfeiture of any CIF for the applicable year
of operations.
c. A Host Community
shall ensure that the impact fee invoice is restricted to the license number(s)
operating from the licensed Premises alleged to have impacted the community.
For CMOs, a Host Community shall transmit an impact fee invoice to a Marijuana
Establishment and an MTC.
7. Within 30 calendar days of receiving a
Host Community's invoice of claimed impact fees, a Marijuana Establishment
shall submit the invoice and any supporting documentation, if applicable, to
the Commission in a form and manner determined by the Commission.
8. A Marijuana Establishment that has agreed
to pay a CIF under its HCA shall annually pay any undisputed CIF no later than
the end of the current fiscal year or within 90 days of the date of the
Commission's CIF certification, whichever is later. This subdivision shall not
be construed to require a Marijuana Establishment to pay a CIF if a Marijuana
Establishment's payment obligation is the subject of a nonfrivolous legal
dispute either through the Commission's administrative hearing process or
before a court of competent jurisdiction.
(b)
Prohibited
Practices.
1. A Host Community
shall not attempt to collect impact fees relating to any operations occurring
prior to the date a Marijuana Establishment is granted a final license by the
Commission.
2. A Host Community
shall not attempt to collect impact fees from any Marijuana Establishment that
has held a final license for more than nine years.
3. In circumstances where the licensed
Premises is the site of multiple final licenses, no Host Community may amplify
its assessment of claimed impact fee(s) by assigning the same impact fee(s) to
each final license operating from the licensed Premises without regard to the
distinct operations of each licensed entity.
4. No Host Community may rely on other
written instruments, contracts, or agreements to assess Community Impact Fees.
No Host Community may include additional payments or obligations in its invoice
of claimed impact fees, including but not limited to monetary payments, in-kind
contributions and charitable contributions by a Marijuana Establishment to a
Host Community or any other organization.
5. A Host Community shall not include any
legal costs incurred by a Host Community to defend against a lawsuit brought by
a Marijuana Establishment in its invoice of claimed impact fees.
6. No Host Community may modify the effective
date of a preexisting CIF for any final license that becomes subject to an
ownership or control change under
935
CMR
500.104(1).
(c)
Commission Review and
Certification of CIFs. The Commission, through its Executive
Director or Executive Director's delegee(s) shall review a Host Community's
invoice of claimed impact fees and make a determination certifying, in whole or
in part, the CIF that may be assessed for the preceding year of a Marijuana
Establishment's operations based on a finding that an impact fee(s) is
Reasonably Related to a Marijuana Establishment's operations.
1. A Marijuana Establishment shall provide
verification of its Gross Annual Sales, including wholesale revenue generated
by Marijuana Cultivators and Marijuana Product Manufacturers, to the Commission
with its transmission of a Host Community's invoice of claimed impact fees.
a. A Marijuana Establishment shall submit a
summary of all sales of Marijuana, Marijuana Products, Marijuana Accessories
and Marijuana Establishment Branded Goods for that license to consumers and
other Licensees, as applicable.
b.
If product was wholesaled or otherwise sold or transferred to other Licensees
at no cost or reduced cost, a Marijuana Establishment shall apply the average
cost per gram or milligram to the amount sold or transferred to establish and
report the fair market value of the product, and include that amount in its
summary submission.
2.
The Commission may make a final determination on Gross Annual Sales relying on
the factors in
935
CMR 500.180(4)(c)3., and any
additional information gathered. The Gross Annual Sales determined by the
Commission, pursuant to
935
CMR 500.180(4)(c)3., shall
be used for purposes of the CIF in circumstances where product was wholesaled
or otherwise sold or transferred to other Licensees at no cost or reduced cost,
and shall not be used for any other purposes related to other obligations,
including tax filings, for a Marijuana Establishment.
3. The Commission may determine the Gross
Annual Sales of a Marijuana Establishment using the following factors:
a. Consumer Sales as represented by a
Marijuana Establishment;
b.
Consumer Sales as represented by the Commission Seed-to-sale System of
Record;
c. Fair Market Value of
wholesaled or transferred Marijuana, Marijuana Products, Marijuana Accessories
and Marijuana Establishment Branded Goods;
d. Any wholesaled or transferred Marijuana,
Marijuana Products, Marijuana Accessories and Marijuana Establishment Branded
Goods that has been refunded or is otherwise the subject of a voided
sale;
e. Value of services
rendered, wholesaled or transferred Marijuana, Marijuana Products, Marijuana
Accessories and Marijuana Establishment Branded Goods as represented by the
Commission Seed-to-sale System of Record; and
f. Other factors as determined necessary by
the Commission to calculate the Gross Annual Sales by the licensee in the
absence of available information as listed in
935
CMR
500.180(4)(c).
4. The Commission shall provide notice of its
CIF determination to a Marijuana Establishment and a Host Community. The
Commission's notice will provide a Marijuana Establishment with the following
options:
a. A Marijuana Establishment may
request an administrative hearing before an independent Hearing Officer of the
Commission pursuant to
935
CMR 500.500 to challenge the findings of fact
and conclusions of law. Any administrative proceeding elected by a Marijuana
Establishment must be conducted pursuant to
801
CMR 1.01: Formal Rules. The
Host Community may seek intervention as a party to the hearing; or
b. A Licensee may seek court intervention to
independently review a Host Community's claimed impact fees by bringing a
breach of contract action against a Host Community in a court of competent
jurisdiction.
5. The
parties may elect to bring a dispute between the parties before a private
mediator retained by the parties at any time if such mediation is a term of the
HCA or is voluntarily elected by the parties. Neither party may unilaterally
compel private mediation.
6. After
a CIF dispute has resolved, a Marijuana Establishment must provide proof of
payment of the certified CIF with its renewal application. If an ME prevails in
a CIF dispute, an ME must also provide proof that its CIF payment obligation
has been eliminated.
(5)
Waiver of Host Community
Agreements.
(a) A Host Community
may waive the regulatory requirement to have a compliant HCA by submitting an
HCA Waiver to the Commission that complies with
935
CMR 500.180(5).
(b) An HCA Waiver constitutes a total
relinquishment of the requirement that an applicant or Marijuana Establishment
enter into an HCA with a Host Community. No party to an HCA may use an HCA
Waiver to waive individual provisions of an HCA.
(c) An HCA Waiver may be submitted relative
to an application for licensure or an application for renewal of licensure. A
Host Community and an applicant or Marijuana Establishment may also submit an
HCA Waiver after both parties have executed an HCA.
(d) Acceptance of an HCA Waiver is limited to
the specific application or license number(s) stated in the HCA Waiver
request.
(e) The Commission shall
determine whether an HCA Waiver complies with
935
CMR 500.180(5).
(f) An HCA Waiver that sets an expiration
date or any conditions is deemed noncompliant.
(g) An HCA Waiver determined to be the result
of an Inducement is deemed noncompliant.
(h) If a Host Community elects to submit an
HCA Waiver, a Host Community's submission shall be in a form and manner
determined by the Commission and include, at minimum, the following
information:
1. Identification of the specific
application or license number intended to be exempt from the requirement to
have a compliant HCA;
2.
Identification of a License Applicant or Marijuana Establishment in a manner
consistent with both the business entity name certified and recorded with the
Secretary of the Commonwealth of Massachusetts and the business entity name
stated either in a License Applicant's license application or on a Marijuana
Establishment's license record as maintained by the Commission.
3. Printed name and signature of the
individual(s) authorized to represent and act on behalf of a Host
Community;
4. Printed name and
signature of the individual(s) authorized to represent and act on behalf of an
applicant or Marijuana Establishment;
5. The date of each parties' signature;
and
6. An attestation that the HCA
Waiver was mutually agreed upon by both parties and executed in good
faith.
(i) An HCA Waiver
that is executed and recorded with the Commission remains in full force and
effect until such time as it is rescinded. An HCA Waiver may only be rescinded
on Commission approval of an HCA subsequently executed and submitted by the
parties.
(j) An HCA waiver is not
subject to review under the criteria in
935
CMR 500.850 regarding general
waivers.