950 CMR, § 20.04 - Filing Regulations

(1) Prior to Adoption. At least 21 days before a public hearing or the close of a public comment period and prior to the adoption of a regulation, an agency shall submit to the Secretary a notice of public hearing or comment period on agency letterhead which shall be accompanied on the same day by a small business impact statement along with the draft of the proposed regulation in both a printed and electronic format. The small business impact statement shall meet the five requirements as set forth in M.G.L. c. 30A, §§ 2 and 3. The Secretary shall prepare the draft regulation as it will appear in the Register and Code and return the proposed draft regulation to the agency for verification. It is the agency's responsibility to ensure the accuracy of the returned draft.

(2) After Public Hearing/Comment. An agency shall file the following with the Secretary:

(a) Prior to the adoption of a regulation, an agency shall file an amended small business impact statement as required by M.G.L. c. 30A, § 5.

(b) After the amended small business impact statement has been filed, an agency shall file a completed Filing and Publication Form in both a printed and electronic format. The electronic form is to be submitted on the State Publications and Regulations Division website at www.sec.state.ma.us/spr/sprmareg/inforegi.htm. The printed form must include an original signature in black or blue ballpoint pen of an authorized person. The filing form shall include the following information:

1. The chapter number and title;

2. The name of the agency;

3. A concise summary of the regulation written in simple language easily understandable to the public;

4. The name and phone number of the agency person to be contacted for further information;

5. A statement of the fiscal effect of the regulation on both the public and private sector over the first and second years, and the first five years;

6. The date the amended small business impact statement was filed;

7. An attestation; and

8. Any other information required by the Secretary.

(c) A copy of the draft regulation prepared by the State Publications and Regulations Division clearly marked to show any changes.

(3) Where and When to File. Regulations may be filed with the Secretary at the State Publications and Regulations Division at Room 117, State House, Boston, MA 02133 from Monday through Friday excluding legal holidays. The hours of operation are 8:45 A.M. and 5:00 P.M. weekdays; however, the deadline for filing regulations for publication in the Register is 4:00 P.M. on the Friday two weeks prior to the publication date.

(4) Correction of Errors. Errors that are clearly typographical, mechanical or clerical in nature shall be corrected by the agency by filing a Notice of Correction.

Notes

950 CMR , § 20.04

Amended by Mass Register Issue 1306, eff. 12/12/2016.