205 CMR 102.03 - Construction and Amendments
(1) 205
CMR, shall be construed in accordance with generally accepted principles of
statutory construction in the Commonwealth of Massachusetts, including those
set forth in M.G.L. c. 23K.
(2) 205
CMR shall be liberally construed to permit the commission, the bureau, and
their agents and employees to effectively carry out their respective statutory
functions and to secure a just and expeditious determination of issues properly
presented to the commission and the bureau.
(3) Nothing in 205 CMR shall be construed to
conflict with any provision of M.G.L. c. 23K.
(4)
Waivers and
Variances.
(a)
General. The commission may in its discretion waive or
grant a variance from any provision or requirement contained in 205 CMR, not
specifically required by law, where the commission finds that:
1. Granting the waiver or variance is
consistent with the purposes of M.G.L. c. 23K;
2. Granting the waiver or variance will not
interfere with the ability of the commission or the bureau to fulfill its
duties;
3. Granting the waiver or
variance will not adversely affect the public interest; and
4. Not granting the waiver or variance would
cause a substantial hardship to the person requesting the waiver or
variance.
(b)
Filings. All requests for waivers or variances shall
be in writing, shall set forth the specific provision to which a waiver or
variance is sought, and shall state the basis for the proposed waiver or
variance.
(c)
Determination. The commission may grant a waiver or
variance, deny a waiver or variance, or grant a waiver or variance subject to
such terms, conditions and limitations as the commission may determine. Any
waiver request not acted on by the commission within 60 days of filing shall be
deemed denied.
Notes
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