06- 096 C.M.R. ch. 3, § 12

Current through 2024-46, November 13, 2024

Section 096-3-12 - Public Notices

When a hearing is required by law or when a decision has been made to hold a hearing, public notice shall be provided by the Department as follows.

A.Notice of Opportunity to Intervene

(1) Notice of opportunity to intervene shall be provided at least 10 days prior to the deadline for the filing of a petition to intervene by U.S. mail, First Class to:

(a) the person or persons whose legal rights, duties, or privileges are at issue;

(b) the municipality or municipalities affected by the licensing matter as determined by the Department to the best of its ability;

(c) the county, if the affected locality as determined by the Department to the best of its ability is an unorganized territory;

(d) the legislators of the geographic area or areas affected by the licensing matter; and

(e) persons who have made timely requests in writing to be notified of a licensing hearing on a specific matter.

(2) Notice to the public of the opportunity to intervene must be published at least once in a newspaper of general circulation in areas affected by the licensing matter as determined by the Department.

(a) The notice must be published in the legal notices section in a form readily noticeable to the general public.

(b) The date of the publication must be at least ten(10) days prior to the deadline for the filing of a petition to intervene.

(3) Notice of the opportunity to intervene shall consist of:

(a) a short statement in plain and clear English which can be readily understood by the general public of the nature and the purpose of the proceeding;

(b) a reference to the particular substantive statutory and rule provisions involved;

(c) a statement of the legal authority and jurisdiction under which the proceeding is being conducted;

(d) a reference to the statutory and regulatory requirements for a petition to intervene;

(e) the deadline for filing a petition to intervene;

(f) the name, address and telephone number of a person to contact for more information; and,

(g) the place and time where relevant material may be examined.

B.Notice of Hearing

(1) Notice of the Hearing shall be provided at least thirty (30) days prior to the date of the hearing by U.S. mail, First Class to:

(a) the person or persons whose legal rights, duties, or privileges are at issue;

(b) the municipality or municipalities affected by the licensing matter as determined by the Department to the best of its ability;

(c) the county, if the affected locality as determined by the Department to the best of its ability is an unorganized territory;

(d) the legislators of the geographic area or areas affected by the licensing matter;

(e) intervenors;

(f) persons who have made timely requests in writing to be notified of a specific licensing hearing; and,

(g) persons who have filed a written request, within the calendar year, to be notified of licensing hearings.

(2) Notice to the public of the hearing shall be given as follows.

(a) Newspaper. Notice of the hearing must be published at least twice in a newspaper of general circulation in the area of the proposed activity and in areas affected by the licensing matter as determined by the Department to the best of its ability.

(i) The notice must be published in the legal notices section in a form readily noticeable to the general public.

(ii) The date of the first publication must be thirty days prior to the hearing.

(iii) The date of the second publication must be at least seven (7) days and no more than thirteen (13) days before the date of the hearing.

(b) Additional Notice Requirements. Program-specific statutes and/or rules may require additional methods of providing public notice of a licensing hearing, including issuance of a press release and/or public service announcement to media outlets, or other methods determined by the Department to be necessary in any particular case to give actual notice of the hearing to persons potentially affected by the licensing proceeding.

(3) Notice of the hearing shall consist of:

(a) a short statement in plain and clear English which can be readily understood by the general public of the nature and the purpose of the proceeding;

(b) a statement of the legal authority and jurisdiction under which the proceeding is being conducted;

(c) a reference to the particular substantive statutory and rule provisions involved;

(d) a statement of the time and place of the hearing;

(e) a statement of the manner and time within which evidence and argument may be submitted to the agency for consideration;

(f) the name, address and telephone number of a person to contact for more information; and;

(g) the place and time where relevant material may be examined prior to the hearing.

(4) Notice described in this subsection is not required if a hearing continues beyond the date(s) and times published pursuant to this subsection. Notice of a continued hearing is subject to section 19(E).

06- 096 C.M.R. ch. 3, § 12