205 CMR 102.03 - Construction and Amendments

(1) 205 CMR, shall be construed in accordance with generally accepted principles of statutory construction in the Commonwealth of Massachusetts, including those set forth in M.G.L. c. 23K.
(2) 205 CMR shall be liberally construed to permit the commission, the bureau, and their agents and employees to effectively carry out their respective statutory functions and to secure a just and expeditious determination of issues properly presented to the commission and the bureau.
(3) Nothing in 205 CMR shall be construed to conflict with any provision of M.G.L. c. 23K.
(4) Waivers and Variances.
(a) General. The commission may in its discretion waive or grant a variance from any provision or requirement contained in 205 CMR, not specifically required by law, where the commission finds that:
1. Granting the waiver or variance is consistent with the purposes of M.G.L. c. 23K;
2. Granting the waiver or variance will not interfere with the ability of the commission or the bureau to fulfill its duties;
3. Granting the waiver or variance will not adversely affect the public interest; and
4. Not granting the waiver or variance would cause a substantial hardship to the person requesting the waiver or variance.
(b) Filings. All requests for waivers or variances shall be in writing, shall set forth the specific provision to which a waiver or variance is sought, and shall state the basis for the proposed waiver or variance.
(c) Determination. The commission may grant a waiver or variance, deny a waiver or variance, or grant a waiver or variance subject to such terms, conditions and limitations as the commission may determine. Any waiver request not acted on by the commission within 60 days of filing shall be deemed denied.


205 CMR 102.03
Amended by Mass Register Issue 1292, eff. 5/8/2015. Amended by Mass Register Issue 1399, eff. 9/6/2019. Amended by Mass Register Issue 1484, eff. 12/9/2022.

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