Prior to the adoption or
amendment of any regulation as to which a hearing is required
by any law, or of any other regulation the violation of which is punishable by
fine or imprisonment except a regulation of department practice or procedure,
the department shall give notice and hold a public hearing, as follows:
(1)
Notice. 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 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 which has file d written request
for notice pursuant to M.G. L. c. 30A, § 2(1)(b).
The notice shall contain the following:
(a) The agency's statutory authority to adopt
the proposed regulation.
(b) The
time and place of the public hearing.
(c) The text of the proposed regulation. (If
the proposed regulation is lengthy or if for other reason the text is not
available at the time the notice is distributed, it need not be set out
verbatim; however, the notice should either describe the substance of the
proposed regulation or state the subject matter 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. On
the date and at the time and place designated in the notice referred to in 310
CMR
2.06(1), the agency shall hold a public hearing. The meeting shall be
opened, presided over and adjourned by the Commissioner, or other employee
authorized to adopt regulations, or a designee. The public hearing shall comply
with any requirements imposed by law, but shall not be subject to the
provisions of law or regulation governing adjudicatory proceedings. 310 CMR
2.06(2) does not relieve any agency from compliance with any law requiring that
its regulations be approved by designated persons or bodies before they become
effective. Within ten days after the close of the public hearing, written
statements and arguments may be filed with the agency. The agency shall
consider all relevant matter presented to it before adopting, amending or
repealing any regulation.
(3)
Oral Participation. Any interested person or his duly
authorized representative, or both, shall be given an opportunity to present
orally statements and arguments. In its discretion the agency may limit the
length of oral presentation.
(4)
Emergency Regulation. If an agency finds that the
immediate adoption of a regulation is necessary for the public health, safety
or general welfare, and that observance of requirements of notice and public
hearing would be contrary to the public interest, the agency may dispense with
such requirements and adopt the regulation as an emergency regulation. The
agency's finding and a brief statement of the reasons for its finding shall be
incorporated in the emergency regulation as filed with the Secretary of State
in accordance with
310 CMR
2.08. Any emergency regulation so adopted
shall state the date on which it is to be effective and the date upon which it
shall expire. If no effective date is stated, the regulation shall be presumed
to take effect upon being filed with the Secretary of State under
310 CMR
2.08. An emergency regulation shall not
remain in effect for longer than three months unless during the time it is in
effect the agency gives notice and holds a public hearing and adopts it as a
permanent regulation in accordance with
310 CMR
2.00.
