06-096 C.M.R. ch. 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).
Notes
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