220 CMR, § 2.05 - Procedure for the Adoption, Amendment, or Repeal of Regulations Where a Public Hearing Is Required
(1)
Notice.
(a) Notice
of a public hearing shall be given at least 21 days prior to the date of the
hearing, unless some other time is specified by any applicable law. The
Department shall publish the notice in at least one newspaper of general
circulation, and where appropriate, in such trade, industry, or professional
publications as the Department may select. The Department shall likewise notify
in writing any person specified by any law and any person or group which has
filed written request for notice pursuant to
220 CMR
2.09.
(b) The notice shall contain the following:
1. The statutory authority under which the
action is proposed.
2. The time and
place of the public hearing.
3. The
procedure for presenting written or oral comments.
4. The express terms or the substance of the
proposed regulation.
(2)
Written or Oral
Comments. An interested person may present written or oral
comments to the Department in connection with the proposed regulation in
accordance with any procedure set forth in the notice pursuant to 220 CMR
2.05(1). In its discretion the Department may limit the length of oral
presentation.
(3)
Conduct of Hearing. The hearing shall be conducted by
a presiding officer who shall be the Commission Chairman, a Commissioner
designated by the Chairman, or a hearing officer designated by the
Commission.
(4)
Emergency Regulation. If the Department finds that the
immediate adoption, amendment, or repeal of a regulation is necessary to
preserve the public health, safety, or general welfare, and that observance of
the requirements of notice and public hearing would be contrary to the public
interest, the Department may dispense with such requirements and adopt, amend,
or repeal the regulation as an emergency regulation. The Department's finding
and a brief statement of the reasons for its finding shall be incorporated in
the emergency regulation as filed with the Office of the Secretary of the
Commonwealth in accordance with
220 CMR
2.07. An emergency regulation shall not
remain in effect for longer than three months unless, during the time it is in
effect, the Department gives notice and holds a public hearing, and adopts it
as a permanent regulation in accordance with
220 CMR
2.00.
Notes
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