99- 346 C.M.R. ch. 32, § 5 - Additional Provisions

A. Other Laws. If this rule conflicts with any provision of applicable federal or State law, including without limitation the Act, such federal or State law shall control.

B. Additional Requirements. This rule does not preclude such additional or alternative requirements as may be necessary to comply with the Act.

C. Pool of Eligible Households. This rule establishes a pool of eligible applicants but does not preclude additional reasonable criteria and does not confer any automatic right or entitlement on any person or entity eligible hereunder.

D. Availability of Funds. Assistance provided pursuant to this rule is conditioned on the availability of State LIHEAP funds.

E. Waivers. Upon determination for good cause, the Director of MSHA or the Director's designee may, subject to statutory limitations, waive any provision of this rule. Each waiver shall be in writing and shall be supported by documentation of the pertinent facts and grounds for the waiver.

F. Final Action. The Director of MSHA, individually or by exercise of the delegation powers contained in the Act, shall make all decisions and take all action necessary to implement this rule. Such action of the Director shall constitute final agency action.

FISCAL IMPACT NOTE: The rule will not impose any cost on municipalities or counties for implementation or compliance.

Notes

99- 346 C.M.R. ch. 32, § 5