Mass. Gen. Laws ch. 112A, sec. 7 — MA Code / Part I / Title XVI / Chapter 112A / Section 7
Rulemaking procedures
Status: in_force

Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted hereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions in this compact. (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the interstate commission. (c) Prior to promulgation and adoption of a final rule by the interstate commission, and at least 60 days in advance of the meeting at which any such rule will be considered and voted upon, the interstate commission shall file a notice of proposed rulemaking on the website of: (i) the interstate commission; and (ii) each licensing board or the publication in which each state would otherwise publish proposed rules. (d) The notice of proposed rulemaking shall include: (i) the proposed time, date and location of the meeting in which the rule will be considered and voted upon; (ii) the text of the proposed rule or amendment and the reason therefor; (iii) a request for comments on the proposed rule from any interested person; and (iv) the manner in which interested persons may submit notice to the interstate commission of their intention to attend the public hearing and any written comments. (e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to submit written data, facts, opinions and arguments which shall be made available to the public. (f) The interstate commission shall grant an opportunity for a public hearing before it adopts a rule or amendment. (g) The interstate commission shall publish the place, time and date of the scheduled public hearing. (1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be recorded and a copy of such recording shall be made available upon request. (2) Nothing in this section shall require a separate hearing on each rule. Rules may be grouped for the convenience of the interstate commission at hearings required by this section. (h) If no person appears at the public hearing, the interstate commission may proceed with promulgation of the proposed rule. (i) Following the scheduled hearing date or by the close of business on the scheduled hearing date if the hearing was not held, the interstate commission shall consider all written and oral comments received. (j) The interstate commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule based on the rulemaking record and the full text of the rule. (k) Upon determination that an emergency exists, the interstate commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided, however, that the usual rulemaking procedures provided herein shall be retroactively applied to the rule as soon as reasonably possible but not later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that requires adoption immediately to: (i) meet an imminent threat to public health, safety or welfare; (ii) prevent a loss of interstate commission or party state funds; or (iii) meet a deadline for the promulgation of an administrative rule that is required by federal law. (l) The interstate commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency and grammatical errors. Public notice of any revisions shall be posted on the website of the interstate commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the interstate commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the interstate commission.

Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted hereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions in this compact.

(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the interstate commission.

(c) Prior to promulgation and adoption of a final rule by the interstate commission, and at least 60 days in advance of the meeting at which any such rule will be considered and voted upon, the interstate commission shall file a notice of proposed rulemaking on the website of:

(i) the interstate commission; and

(ii) each licensing board or the publication in which each state would otherwise publish proposed rules.

(d) The notice of proposed rulemaking shall include:

(i) the proposed time, date and location of the meeting in which the rule will be considered and voted upon;

(ii) the text of the proposed rule or amendment and the reason therefor;

(iii) a request for comments on the proposed rule from any interested person; and

(iv) the manner in which interested persons may submit notice to the interstate commission of their intention to attend the public hearing and any written comments.

(e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to submit written data, facts, opinions and arguments which shall be made available to the public.

(f) The interstate commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

(g) The interstate commission shall publish the place, time and date of the scheduled public hearing.

(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be recorded and a copy of such recording shall be made available upon request.

(2) Nothing in this section shall require a separate hearing on each rule. Rules may be grouped for the convenience of the interstate commission at hearings required by this section.

(h) If no person appears at the public hearing, the interstate commission may proceed with promulgation of the proposed rule.

(i) Following the scheduled hearing date or by the close of business on the scheduled hearing date if the hearing was not held, the interstate commission shall consider all written and oral comments received.

(j) The interstate commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule based on the rulemaking record and the full text of the rule.

(k) Upon determination that an emergency exists, the interstate commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided, however, that the usual rulemaking procedures provided herein shall be retroactively applied to the rule as soon as reasonably possible but not later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that requires adoption immediately to:

(i) meet an imminent threat to public health, safety or welfare;

(ii) prevent a loss of interstate commission or party state funds; or

(iii) meet a deadline for the promulgation of an administrative rule that is required by federal law.

(l) The interstate commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency and grammatical errors. Public notice of any revisions shall be posted on the website of the interstate commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the interstate commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the interstate commission.