Section 2.05 - Procedure for the Adoption, Amendment, or Repeal of Regulations Where a Public Hearing Is Required(1)Notice. (a) Notice of a public hearing shall be given at least 21 days prior to the date of the hearing, unless some other time is specified by any applicable law. The Department shall publish the notice in at least one newspaper of general circulation, and where appropriate, in such trade, industry, or professional publications as the Department may select. The Department shall likewise notify in writing any person specified by any law and any person or group which has filed written request for notice pursuant to 220 CMR 2.09.(b) The notice shall contain the following: 1. The statutory authority under which the action is proposed.2. The time and place of the public hearing.3. The procedure for presenting written or oral comments.4. The express terms or the substance of the proposed regulation.5. Any additional matter required by any law. 220 CMR 2.05(1) notwithstanding, the Department shall also comply with any applicable statute that contains provisions for notice that differ from those contained in 220 CMR 2.05(1).
(2)Written or Oral Comments. An interested person may present written or oral comments to the Department in connection with the proposed regulation in accordance with any procedure set forth in the notice pursuant to 220 CMR 2.05(1). In its discretion the Department may limit the length of oral presentation.(3)Conduct of Hearing. The hearing shall be conducted by a presiding officer who shall be the Commission Chairman, a Commissioner designated by the Chairman, or a hearing officer designated by the Commission.(4)Emergency Regulation. If the Department finds that the immediate adoption, amendment, or repeal of a regulation is necessary to preserve the public health, safety, or general welfare, and that observance of the requirements of notice and public hearing would be contrary to the public interest, the Department may dispense with such requirements and adopt, amend, or repeal the regulation as an emergency regulation. The Department's finding and a brief statement of the reasons for its finding shall be incorporated in the emergency regulation as filed with the Office of the Secretary of the Commonwealth in accordance with 220 CMR 2.07. An emergency regulation shall not remain in effect for longer than three months unless, during the time it is in effect, the Department gives notice and holds a public hearing, and adopts it as a permanent regulation in accordance with 220 CMR 2.00.Amended by Mass Register Issue 1315, eff. 6/17/2016.Amended by Mass Register Issue 1317, eff. 6/17/2016.