700 CMR 2.07 - Adoption, Amendment, or Repeal of a Regulation without a Hearing
(1)
Scope. 700 CMR
2.07 governs the procedure by which MassDOT, acting either in response to a
petition submitted under 700 CMR 2.02 or on its own initiative, acts to adopt,
amend, or repeal a regulation without a hearing.
(2)
Determination That a Hearing
Is Not Required. MassDOT takes action to adopt, amend, or repeal a
regulation in conformance with 700 CMR 2.07 if M.G.L. c. 30A, § 3, does
not require a hearing.
(3)
Notice. MassDOT provides notice in accordance with the
requirements of M.G.L. c. 30A, § 3, and any other applicable law prior to
the adoption, amendment, or repeal of a regulation as to which a hearing is not
required.
(4)
Submission of Materials. An interested person may
submit written materials to MassDOT relating to the subject matter of the
proposed adoption, amendment, or repeal of a regulation. Such materials are
addressed to the general counsel at the main office of MassDOT or delivered in
person to the main office during regular business hours. The written materials
must identify the sender by name and address, and the general counsel must
receive the materials not later than five business days before the date set out
in the notice under 700 CMR 2.07(3). MassDOT may specify in the notice provided
under 700 CMR 2.07(3) the manner, place, and time that interested persons may
orally present data, views, or argument if MassDOT determines that oral
presentations are desirable and practicable.
(5)
Decision. In
making its decision regarding the proposed adoption, amendment, or repeal of a
regulation, MassDOT may take into account in whatever manner and to whatever
extent it deems appropriate any oral or written information, opinion, or
argument presented under 700 CMR 2.07(4) and any other oral or written
information, opinion, or argument that MassDOT decides to consider in order to
assist it in reaching a decision.
(6)
Form of the
Regulation. MassDOT may decide to adopt, amend, or repeal a
regulation in a revised form in a manner that is consistent with the
requirements of 700 CMR 2.07(3).
(7)
Emergency
Regulation. Notwithstanding the provisions or requirements of any
other subsection of 700 CMR 2.07, MassDOT may adopt an emergency regulation
under the circumstances described by, and in conformance with, M.G.L. c. 30A,
§ 3.
Notes
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