The Legal Division also presides over rulemakings conducted pursuant to G.L. c. 30A, §§ 4-10 and 220 C.M.R. § 2.00 pdf format of    220 C.M.R. § 2.00  , to adopt, amend or repeal regulations pertaining to the activities of all industries the Department is charged by statute with regulating. The Department is required to provide public notice of a proposed rulemaking and to allow an opportunity for public comment. After consideration of the public comment, the Department may issue final regulations. Any final regulation must be published in the Code of Massachusetts Regulations.

On occasion, the Legal Division conducts Department-initiated investigations that are neither a formal adjudication nor a rulemaking. This type of proceeding is called a Notice of Inquiry ("NOI"). The goal of the NOI is to encourage broad input in the development of public policy. The Department derives authority to issue a NOI from G.L. c. 164, § 76. Participants in an NOI proceeding file comments and may provide sworn testimony. However, participants are not cross-examined and do not have appeal rights. The order issued at the close of the investigation is usually a general policy statement with guidelines for future actions by utilities or by the Department. The policy established through the NOI may be further developed in the future through company-specific adjudications

 


This information is provided by the Department of Public Utilities