205 Mass. Reg. 115.04

Current through Register 1523, June 7, 2024
Section 115.04 - Phase 1 and New Qualifier Proceedings by the Commission
(1) After the Commission has received the bureau's report under 205 CMR 115.03(2), it shall provide a copy to the applicant or qualifier and the Commission shall determine whether to initiate a process for a public hearing or adjudicatory proceeding. However, the Commission may only utilize the public hearing process with the qualifier's consent.
(2)Adjudicatory Proceeding. If the Commission determines that an adjudicatory proceeding shall be held, the Commission shall conduct an adjudicatory proceeding pursuant to 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings on the report by the bureau concerning the applicant or qualifier pursuant to 205 CMR 115.03(2).
(3)Public Hearing. If the Commission determines that a public hearing should be held, the Commission shall review the bureau's suitability report in a public hearing, subject to redaction in accordance with M.G.L. c. 4, § 7(26). The Commission will issue a notice in advance of the public hearing stating the date, time and place of the hearing and the form (oral or written) and conditions pursuant to which the Commission will receive public comments.

205 CMR 115.04

Amended by Mass Register Issue 1267, eff. 8/15/2014.
Amended by Mass Register Issue 1349, eff. 10/6/2017.
Amended by Mass Register Issue 1369, eff. 7/13/2018.
Amended by Mass Register Issue 1484, eff. 12/9/2022.