700 CMR 2.03 - Initial Determinations with Respect to a Petition
(1)
Scope. 700 CMR
2.03 governs the procedures by which MassDOT makes initial determinations
regarding the nature of a petition and whether it conforms to the requirements
of 700 CMR 2.02.
(2)
Who Makes the Initial Determinations. Subject to 700
CMR 2.03(6), the general counsel makes the initial determinations under 700 CMR
2.03.
(3)
Nature of the
Petition. The general counsel determines the nature of the
petition by:
(a) classifying it as one of the
types of administrative action noted in 700 CMR 2.01(1);
(b) classifying it as more than one type of
administrative action noted in 700 CMR 2.01(1) and recommending that the
petitioner amend the petition so that MassDOT can appropriately consider it
under each of such categories; or
(c) concluding that MassDOT should not
consider the petition. One basis upon which the general counsel may conclude
that MassDOT should not consider the petition under 700 CMR 2.00 is that the
petition seeks adjudicatory rather than rulemaking action.
(4)
Conformance with 700 CMR
2.02. The general counsel determines whether the petition conforms
with the requirements of 700 CMR 2.02.
(5)
Referral to the Secretary of
Transportation for Consideration. Upon completion of the initial
determinations specified in 700 CMR 2.03, the general counsel refers the
petition and determinations to the Secretary of Transportation for her
consideration in accordance with 700 CMR 2.04.
(6)
No Requirement to Make an
Initial Determination. Notwithstanding the provisions or
requirements of any other subsection of 700 CMR 2.03, MassDOT may decide as a
matter of policy or in any instance to dispense with the process of initial
determination and to proceed directly to a decision under 700 CMR
2.04.
Notes
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