700 CMR 2.02 - Petition by an Interested Person or Entity

(1) Scope. In accordance with M.G.L. c. 30A, §§ 4, 700 CMR 2.02 governs the procedure by which an interested person or entity may submit a petition to MassDOT requesting that it take administrative action under one of the categories specified in 700 CMR 2.01(1).

(2) Who May Petition. Any person or entity with an interest in the subject matter (a petitioner) may submit a petition to MassDOT.

(3) Duty of the Petitioner. In furtherance of MassDOT's desire to obtain as accurate and balanced a view as practicable of the issues that petitions submitted under 700 CMR 2.02 present, a petitioner shall make all reasonable efforts to ensure that a petition:

(a) is complete and accurate in all material respects; and

(b) is not misleading because of an undue emphasis on information or views favorable to the petitioner or a de-emphasis of information or views unfavorable to the petitioner.

(4) Content of the Petition. A petition under 700 CMR 2.02 need not be on or in a prescribed form, but must contain in clear and concise language all of the following information to the best of the petitioner's information and belief and in conformance with the obligation of candor set forth in 700 CMR 2.02(3):

(a) the name, address, email address and telephone number of the petitioner and, if applicable, of the attorney representing the petitioner with respect to the petition;

(b) the nature of the petitioner's interest;

(c) if the petitioner is requesting that MassDOT adopt or amend a regulation, the complete text of the proposed new regulation or amendment; if the petitioner is requesting that MassDOT repeal a regulation or portion of a regulation, a precise description of the regulation affected; and, if the petitioner is requesting that MassDOT issue an Advisory Ruling, a concrete statement of the facts and a specific legal question that may serve as the focus of MassDOT's ruling;

(d) a statement of the need for the requested action;

(e) a statement of fact and argument in support of the requested action;

(f) a statement of legal authorities, if any, supporting the requested action;

(g) a statement disclosing the existence and general nature of any past, continuing, or anticipated litigation or collective bargaining related to the subject of the petition;

(h) a statement disclosing the identity and interests of any persons or entities, or groups of people or entities, that the petitioner has reason to believe that the requested action might adversely affect or that otherwise might have a significant interest in the subject of the petition; and

(i) the signature of the petitioner or the petitioner's attorney.

(5) Continuing Duty to Inform. From the time that the petitioner files a petition under 700 CMR 2.02 until the time that MassDOT acts upon the petition, the petitioner is under a continuing duty to amend the petition as soon as practicable after learning of any newly discovered information that 700 CMR 2.02 would have required the petitioner to include in the petition at the time of filing or that materially alters the information that the petitioner presents in the petition. An amendment need not be on or in a prescribed form, but must be in writing, signed by the petitioner or the petitioner's attorney, refer specifically to the petition, and contain a clear and concise description of the newly discovered information.

(6) Filing with MassDOT. A petition or an amendment consists of a clear, signed copy submitted to MassDOT in accordance 700 CMR 2.02(6). The petitioner or the petitioner's designee may submit a petition or amendment in person at the main offices of MassDOT during regular business hours, may mail a petition or amendment to the chief legal advisor of MassDOT or such other person as MassDOT may designate (referred to simply as the "general counsel"), at the main offices of MassDOT, or may submit a petition or amendment by email to: AdministrativePetitions@dot.state.ma.us. If submitted in person or by mail, a petition or amendment must be placed in an envelope clearly marked on the outside with the following words: "Attention General Counsel: Petition or Amendment under 700 CMR 2.00 ". If submitted electronically, any applicable email subject lines and file names must indicate the submission of a "Petition or Amendment under 700 CMR 2.00 ". A petition or amendment may not be submitted by facsimile. MassDOT considers a petition or amendment filed on the date that MassDOT receives it in conformance with the requirements of 700 CMR 2.02(6). Upon receipt of a petition or amendment in person or by mail, the general counsel notes the date of filing thereon.

Notes

700 CMR 2.02

Adopted by Mass Register Issue 1423, eff. 8/7/2020.