Section 1.01 - Scope and Construction(1)Procedure Governed. 220 CMR 1.00 shall govern practice and procedure, except with respect to the adoption of regulations pursuant to 220 CMR 2.00: Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings, before the Massachusetts Department of Public Utilities under applicable laws of the Commonwealth of Massachusetts and except where a statute provides otherwise.(2)Transportation Oversight Division. 220 CMR 1.02(8)(c), 1.06(4), (5), and (6)(b) shall not apply to matters requiring action by the Transportation Oversight Division. The matters referred to in 220 CMR 1.02(8)(c), 1.06(4), (5), and (6)(b) shall be governed by 220 CMR 250.00: Transportation Oversight Division Practice.(3)Definitions. As used in 220 CMR 1.00, except as otherwise required by the context: Adjudicatory Proceeding shall be as defined in M.G.L. c. 30A, § 1(1).
Commission means the Commissioners appointed under the provisions of M.G.L. c. 25, § 2, when acting as such.
Department means the Massachusetts Department of Public Utilities, its Commissioners and employees.
Parties. As used in 220 CMR 1.00, Party means;
(a) the specifically named persons whose legal rights, duties or privileges are being determined in an adjudicatory proceeding before the Department;(b) any other person who as a matter of constitutional right or by any provision of the Massachusetts General Laws is entitled to participate fully in such proceeding and who enters an appearance;(c) any other person allowed by the Department to intervene as a party. Presiding Officer means that person who is designated to conduct hearings pursuant to the provisions of 220 CMR 1.06(5)(a) or 250.01: General.
Transportation Oversight Division shall mean the Transportation Oversight Division of the Department.
(4)Waiver. Where good cause appears, not contrary to statute, the Commission and any presiding officer may permit deviation from 220 CMR 1.00.Amended by Mass Register Issue 1315, eff. 6/17/2016.