703 CMR, § 4.04

Current through Register 1533, October 25, 2024
Section 4.04 - Decision by the Authority with Respect to a Petition
(1)Scope. 703 CMR 4.04 governs the procedure by which the Authority determines how to proceed with a petition submitted under 703 CMR 4.02.
(2)Alternative Actions. the Authority may consider any recommendations or determinations that the general counsel makes under 703 CMR 4.03 with respect to a petition or may consider a petition alone. the Authority may decide to:
(a) take no further action on a petition;
(b) postpone action on a petition until the petitioner has redrafted or supplemented it to meet stated deficiencies;
(c) postpone action on a petition to a subsequent meeting or indefinitely;
(d) proceed under 703 CMR 4.06, and in accordance with the requirements of M.G.L. c. 30A, § 2, to adopt, amend, or repeal a regulation of the Authority after a hearing;
(e) proceed under 703 CMR 4.07, and in accordance with the requirements of M.G.L. c. 30A, § 3, to adopt, amend, or repeal a regulation of the Authority without a hearing;
(f) proceed under 703 CMR 4.08, and in accordance with the requirements of M.G.L. c. 30A, § 8, to issue an Advisory Ruling; or
(g) take any other action that the Authority deems appropriate.
(3)Change of Decision. At any time, and for any reason, the Authority may change a decision taken under 703 CMR 4.04(2), including a change that results in the Authority's taking no further action on the petition.
(4)Notification. As soon as practicable after taking an action under 703 CMR 4.04(2) or (3), the Authority notifies the petitioner of the action by mailing or emailing notice to the address or email address specified on the petition. The Authority is not required to explain or substantiate the reasons for any action that it takes under 703 CMR 4.04(2) or (3).

703 CMR, § 4.04

Adopted by Mass Register Issue 1423, eff. 8/7/2020.