Prior to the adoption or amendment other than
those subject to
310
CMR 2.06, or the repeal of
any regulation, the department shall give notice and afford interested persons
an opportunity to present data, views or arguments, as follows:
(1)
Notice. Notice
of the proposed action to adopt regulations shall be given by the agency at
least 21 days prior to its proposed action, unless so me other time is
specified by any applicable law. The agency shall publish the notice in at
least two newspapers of general circulation, and where appropriate, in such
trade, industry, or professional publications as the agency may select. The
agency shall likewise notify in writing any person specified by any law and any
person or group wich has filed request for notice pursuant to M.G.L. c. 30A,
§ 3(1)(b).
The notice shall contain the following:
(a) The agency's statutory authority to adopt
the proposed regulation.
(b) The
procedure for submitting data, views or arguments as set forth in 310 CMR
2.05(2).
(c) The express terms to
describe the substance of the proposed action, or state the subjects and issues
involved .
(d) Any additional
matter required by any law.
The above notwithstanding, the agency shall also comply with
any applicable statute which contains provisions for notice which differ from
those contained herein.
(2)
Procedure.
Within 21 days after the publication and sending of notice regarding the
proposed action, any interested person may submit a signed letter, brief or
other memorandum stating his views or arguments concerning the proposed action.
The letter, brief or memorandum shall be addressed to the department and sent
to the clerk or secretary by mail or delivered in person during normal business
hours. The agency shall consider the proposed action. Within 30 days after this
meeting, the agency shall give written notice of the disposition of the
proposed action to all persons required to receive personal notice under 310
CMR
2.05(1) and such other persons submitting a letter, brief, or other
memorandum.
(3)
Oral
Participation. The agency may afford any interested person or his
duly authorized representative, or both, an opportunity to present data, views
or arguments orally before the agency during a meeting at which the proposed
action is to be considered. If the agency finds that such oral presentation is
unnecessary or impracticable, it may require written presentation according to
310 CMR
2.05(2).
(4)
Waiver of Notice and Participation. If the agency
finds that the requirements of notice and opportunity to present views on its
proposed action are unnecessary, impracticable or contrary to the public
interest, the agency may dispense with such requirements or any part thereof.
The agency's finding and a brief statement of the reasons for its finding shall
be incorporated in the regulation, amendment or repeal as filed with the
Secretary of State under
310 CMR
2.08.
(5)310 CMR
2.00 does not relieve
any agency from compliance with any law requiring that its regulations be
approved by designated persons or bodies before they may become
effective.
