250 CMR 2.05 - Petitions for Adoption, Amendment or Repeal of Regulations

(1) Any interested person or his or her attorney may at any time petition the Board to adopt, amend, or repeal any regulation. The petition shall be addressed to the Board and sent by mail or delivered in person during normal business hours. All petitions shall be signed by the petitioner or his or her attorney, contain his or her address or the address of his or her attorney, and set forth clearly and concisely the text of the proposed regulation. The petition may be accompanied by any supporting data, views or arguments.

(2) Upon receipt of a petition for the adoption, amendment or repeal of a regulation or upon written recommendation by a member of the Board that a regulation be adopted, amended or repealed, the Board shall consider the petition or recommendation, thereupon, determine whether to schedule the petition or recommendation for further proceedings in accordance with M.G.L. c. 30A, §§ 2 through 6. If the regulation has been presented to the Board by petition, the Board shall notify the petitioner of the Board's action.

(3) During the meeting when the petition or recommendation is considered, the Board may, but shall not be required to, entertain comments or questions from members of the public in attendance. The chairman or other presiding officer may at any time terminate participation by the public.

(4) The Board shall review its regulations on a regular basis.

Notes

250 CMR 2.05

Amended by Mass Register Issue 1332, eff. 2/10/2017.