02-502 C.M.R. ch. 2, § 1 - Advisory Rulings

1. Authority and Scope. The board, in its discretion, may issue an advisory ruling concerning the applicability of any statute or rule it administers to an existing factual situation. Each request for an advisory ruling will be reviewed to determine whether an advisory ruling is appropriate. The board may decline to issue an advisory ruling when the question is hypothetical, there is sufficient experience upon which to base a ruling, or for any other reason the board deems proper.

2. Submission. Requests for advisory rulings must be in writing and must set forth in detail all facts pertinent to the question. The board may require additional information as necessary to complete a factual background for its ruling.

3. Acknowledgment. A request for an advisory ruling will be acknowledged by the board within fifteen days of receipt. Within sixty days of acknowledgment, the board will state whether it will issue a ruling. Alternatively, the board may request additional information in order to determine whether an advisory ruling is appropriate.

4. Rulings. All advisory rulings will be issued in writing and will include a statement of the facts or assumptions, or both, upon which the ruling is based. The statement will be sufficiently detailed to allow an understanding of the basis of the opinion without reference to other documents. Advisory rulings will be signed by the chair of the board and will be numbered serially in an appropriate manner.

5. Disposition. Each completed advisory ruling will be mailed to the requesting party and a copy will be kept by the board in a file or binder established for this purpose. All advisory rulings are public documents. In addition, the board may otherwise publish or circulate any advisory ruling as it deems appropriate.

Notes

02-502 C.M.R. ch. 2, § 1