Regulatory Comment Letter

REGULATORY COMMENT LETTER — MASSACHUSETTS

Overview of Massachusetts Regulatory Comment Framework

Massachusetts' administrative regulatory framework is governed by the Massachusetts Administrative Procedure Act (APA), codified at M.G.L. c. 30A. The Massachusetts APA requires agencies to hold a public hearing (M.G.L. c. 30A, § 2) or provide a public comment period (M.G.L. c. 30A, § 3) before adopting a regulation. Written notice must be provided at least 21 days before the hearing or close of the comment period. All regulations are published in the Code of Massachusetts Regulations (CMR), which is maintained by the Secretary of the Commonwealth and updated through filings published in the Massachusetts Register (published every two weeks).

This template covers regulatory comments beyond formal notice-and-comment rulemaking, including comments on existing regulations, requests for regulatory interpretation, guidance document comments, enforcement policy comments, waiver and variance requests, petitions for declaratory rulings, petitions for rulemaking, and no-action letter requests.

Key Massachusetts Regulatory Agencies Accepting Comments

• Massachusetts Department of Environmental Protection (MassDEP) — Environmental regulations (310 CMR)
• Massachusetts Department of Public Utilities (DPU) — Utility regulation (220 CMR)
• Massachusetts Division of Insurance (DOI) — Insurance regulations (211 CMR)
• Massachusetts Department of Revenue (DOR) — Tax regulations (830 CMR)
• Massachusetts Department of Public Health (DPH) — Health regulations (105 CMR)
• Massachusetts Department of Labor Standards (DLS) — Labor regulations (454 CMR)
• Massachusetts Division of Banks — Banking regulations (209 CMR)
• Massachusetts Securities Division — Securities regulations (950 CMR 14.00)
• Massachusetts Department of Elementary and Secondary Education (DESE) — Education regulations (603 CMR)
• Massachusetts Executive Office of Energy and Environmental Affairs (EEA) — Environmental policy (301 CMR)
• Massachusetts Board of Registration in Medicine — Medical licensing (243 CMR)
• Massachusetts Attorney General — Consumer protection regulations (940 CMR)

Types of Regulatory Comments Covered

☐ Comment on proposed regulation — public hearing (M.G.L. c. 30A, § 2)
☐ Comment on proposed regulation — written comment period (M.G.L. c. 30A, § 3)
☐ Comment on existing regulation interpretation
☐ Guidance document comment
☐ Enforcement policy comment
☐ Waiver or variance request
☐ Petition for declaratory ruling (M.G.L. c. 30A, § 7)
☐ Petition for promulgation, amendment, or repeal of regulation (M.G.L. c. 30A, § 8)
☐ No-action letter request
☐ Request for regulatory interpretation or advisory opinion
☐ Comment on emergency regulation (M.G.L. c. 30A, § 2)

FORMAL REGULATORY COMMENT LETTER

Letterhead Block

[________________________________]
[LAW FIRM / ORGANIZATION NAME]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

Date: [__/__/____]

VIA: ☐ Electronic Submission ☐ U.S. Mail ☐ Hand Delivery ☐ Massachusetts Register Portal

[________________________________]
[Name of Agency Contact / General Counsel / Regulatory Affairs]
[________________________________]
[Agency / Department Name]
[________________________________]
[Division / Bureau, if applicable]
[________________________________]
[Agency Street Address]
[________________________________]
[Boston / Other City], Massachusetts [____]

RE: Line

Re: ☐ Comment on Proposed Regulation / ☐ Request for Interpretation / ☐ Waiver Request / ☐ Petition for Declaratory Ruling / ☐ Other

Code of Massachusetts Regulations (CMR) Citation: [____] CMR [____].[____]
Massachusetts Register Citation: Vol. [________________________________], No. [____], dated [__/__/____]
Docket/Reference Number: [________________________________]
Subject Matter: [________________________________]
Public Hearing Date (if applicable): [__/__/____]
Comment Period Deadline: [__/__/____]

I. INTRODUCTION AND IDENTIFICATION OF COMMENTER

Dear [________________________________]:

On behalf of [________________________________] ("Commenter"), this letter is submitted to [________________________________] ("Agency") regarding [________________________________].

Commenter Identification:

Interest and Standing:

The Commenter has a direct and substantial interest in this matter because:

☐ The Commenter is directly regulated by the Agency under [____] CMR [____]
☐ The Commenter is a Massachusetts business affected by the regulation
☐ The Commenter represents [____] members/constituents subject to the regulation
☐ The Commenter is a municipality or other political subdivision affected by the regulation
☐ The Commenter has relevant expertise
☐ Other: [________________________________]

[________________________________]
[Describe the specific nature of the Commenter's interest, including how the regulation, interpretation, or guidance affects the Commenter.]

II. BACKGROUND AND FACTUAL CONTEXT

A. Regulatory Provision at Issue

The regulatory provision(s) at issue are:

1. [____] CMR [____].[____]: [________________________________]
2. [____] CMR [____].[____]: [________________________________]
3. Enabling Statute: M.G.L. c. [____], § [____]

B. Massachusetts Rulemaking Context

☐ This comment relates to a proposed regulation for which a public hearing has been noticed under M.G.L. c. 30A, § 2
☐ This comment relates to a proposed regulation with a written comment period under M.G.L. c. 30A, § 3
☐ This comment relates to an emergency regulation adopted under M.G.L. c. 30A, § 2
☐ This comment relates to an existing regulation in the CMR
☐ This comment relates to agency guidance, advisory, or policy documents
☐ This comment relates to an interpretive guideline or advisory ruling

Note on Massachusetts' Dual Comment Mechanisms: Under M.G.L. c. 30A, an agency may satisfy its public participation requirement either by holding a public hearing (§ 2) or by providing a written public comment period (§ 3). In either case, the agency must provide at least 21 days' written notice. Emergency regulations may be adopted without prior notice but remain in effect for only 3 months unless adopted through the standard process.

Note on Small Business Impact: Under M.G.L. c. 30A, § 2, agencies must file a small business impact statement with the Secretary of the Commonwealth analyzing the impact of proposed regulations on small businesses.

C. Factual Background

[________________________________]
[Provide a detailed factual narrative describing the circumstances giving rise to this comment. Include relevant dates, transactions, business operations, compliance history, and any prior agency communications.]

D. Compliance Context

☐ The Commenter is currently in compliance and seeks clarification
☐ The Commenter has identified an ambiguity requiring interpretation
☐ The Commenter cannot comply as currently written and seeks a waiver or variance
☐ The Commenter believes the regulation exceeds statutory authority
☐ The Commenter believes the regulation conflicts with Massachusetts or federal law
☐ The Commenter believes the regulation has a disproportionate impact on small businesses
☐ The Commenter believes the emergency regulation does not meet the standard for emergency adoption
☐ Other: [________________________________]

E. Environmental Impact (MEPA Considerations)

For certain regulations, the Massachusetts Environmental Policy Act (MEPA, M.G.L. c. 30, §§ 61-62H) may be relevant:

☐ The regulation at issue may have significant environmental impact
☐ An Environmental Impact Report has been or should be prepared
☐ MEPA review is not applicable to this regulation
☐ Other: [________________________________]

F. Prior Communications with Agency

☐ No prior communications regarding this matter
☐ Prior informal inquiry on [__/__/____] — Response received: ☐ Yes ☐ No
☐ Prior formal petition on [__/__/____] — Disposition: [________________________________]
☐ Prior enforcement action — Docket No. [________________________________]
☐ Prior request for advisory ruling — Date: [__/__/____]
☐ Other: [________________________________]

III. LEGAL ANALYSIS

A. Statutory Authority

The Agency's authority to adopt and administer the regulation at issue derives from M.G.L. c. [____], § [____]. Under M.G.L. c. 30A, § 7, a court may review the validity of a regulation in a declaratory judgment action. Under § 14, a court shall hold unlawful and set aside agency action found to be in excess of statutory authority, based upon an error of law, or arbitrary and capricious.

[________________________________]
[Analyze whether the regulation is within the Agency's statutory authority. Cite relevant provisions of the enabling statute.]

B. Regulatory Text Analysis

[________________________________]
[Provide a close textual analysis of the CMR provision at issue. Identify ambiguities, undefined terms, or provisions susceptible to more than one reasonable interpretation. Use the CMR citation format (NNN CMR XX.XX).]

C. Compliance with Massachusetts Administrative Procedure Act

Under M.G.L. c. 30A, agencies must comply with procedural requirements including:

☐ Public hearing with at least 21 days' notice (§ 2) or written comment period with at least 21 days' notice (§ 3)
☐ Publication of notice in Massachusetts Register
☐ Small business impact statement (§ 2)
☐ Fiscal impact analysis
☐ Filing of adopted regulation with Secretary of Commonwealth (§ 5)
☐ Publication in Code of Massachusetts Regulations
☐ Compliance with Executive Order requirements (regulatory reform)
☐ Proper emergency justification (if emergency regulation)

[________________________________]
[Analyze compliance with Massachusetts APA procedural requirements.]

D. Small Business Impact Analysis

Under M.G.L. c. 30A, § 2, agencies must prepare a small business impact statement:

[________________________________]
[Provide detailed analysis comparing the Agency's small business impact statement with the Commenter's own assessment.]

E. Comparison with Federal and Other State Requirements

[________________________________]
[If applicable, compare the Massachusetts regulation with federal requirements and regulations in other states. Identify whether the Massachusetts regulation is more stringent than federal requirements and whether alternative approaches used in other jurisdictions may be preferable.]

F. Alternative Approaches

[________________________________]
[Propose alternative regulatory approaches that achieve the Agency's statutory objectives while reducing burden. Reference any available less-restrictive alternatives.]

IV. SPECIFIC REQUEST

Based on the foregoing analysis, the Commenter respectfully requests that the Agency:

☐ Adopt the Commenter's proposed interpretation of [____] CMR [____].[____]

☐ Issue a declaratory ruling pursuant to M.G.L. c. 30A, § 7 regarding the applicability of [________________________________] to the Commenter's circumstances

☐ Grant a waiver or variance from [____] CMR [____].[____] based on the following grounds:

• ☐ Compliance would impose undue hardship
• ☐ The waiver would not jeopardize public health, safety, or welfare
• ☐ Alternative means of achieving the regulatory objective are available

☐ Initiate rulemaking to promulgate, amend, or repeal [____] CMR [____].[____] pursuant to M.G.L. c. 30A, § 8

☐ Withdraw or modify the proposed regulation to address the concerns identified herein

☐ Revise the small business impact statement to accurately reflect impact on small businesses

☐ Issue guidance or advisory ruling clarifying the Agency's interpretation and enforcement approach

☐ Modify enforcement policy regarding [________________________________]

☐ Allow the emergency regulation to expire without adopting it as a permanent regulation

☐ Other: [________________________________]

Proposed Language (if applicable):

Current text of [____] CMR [____].[____]:

[________________________________]

Proposed revised text:

[________________________________]

V. SUPPORTING DOCUMENTATION

The following documents are submitted in support of this comment:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Exhibit E: [________________________________]

VI. REQUEST FOR HEARING / ORAL PRESENTATION

☐ The Commenter requests an opportunity for oral comment at the public hearing scheduled for [__/__/____] pursuant to M.G.L. c. 30A, § 2

☐ The Commenter requests that the Agency hold a public hearing rather than relying solely on a written comment period

☐ The Commenter does not request oral presentation at this time but reserves the right to attend the scheduled hearing

VII. CERTIFICATION AND SIGNATURE

I hereby certify that the statements and representations contained in this letter are true and accurate to the best of my knowledge and belief, and that this comment is submitted in good faith.

Respectfully submitted,

___________________________________________
[________________________________]
[Name — Printed]

[________________________________]
[Title / Position]

[________________________________]
[Organization / Firm]

[________________________________]
[Massachusetts BBO No., if applicable]

Date: [__/__/____]

COMMENT PREPARATION CHECKLIST

Before Drafting

☐ Identified the specific CMR provision at issue
☐ Obtained complete text of the regulation from Code of Massachusetts Regulations
☐ Reviewed enabling statute in Massachusetts General Laws (M.G.L.)
☐ Reviewed Massachusetts Register notice (if proposed regulation)
☐ Checked public hearing date or written comment period deadline
☐ Verified whether Agency is using public hearing (§ 2) or comment period (§ 3) process
☐ Reviewed Agency's small business impact statement
☐ Identified prior Agency advisories, advisory rulings, or declaratory rulings on the topic
☐ Determined if MEPA review is applicable
☐ Verified submission requirements (format, address, electronic submission)

During Drafting

☐ Clearly identified the Commenter and stated the nature of the interest
☐ Cited specific CMR provisions using correct format (NNN CMR XX.XX)
☐ Cited enabling statute provisions using M.G.L. c. XX, § XX format
☐ Provided factual context with specificity
☐ Included economic impact data with supporting documentation
☐ Compared Commenter's impact analysis with Agency's small business impact statement
☐ Proposed specific alternative language or approaches
☐ Addressed small business impact and employment effects

Before Submission

☐ Reviewed for accuracy of all legal citations
☐ Confirmed comment is timely filed (at least 21 days' notice required; check specific deadline)
☐ Attached all supporting exhibits referenced in letter
☐ Retained copy of comment and proof of submission
☐ Confirmed correct submission address and method
☐ Considered whether to attend and present at public hearing (M.G.L. c. 30A, § 2)
☐ Considered whether to request a public hearing if only a comment period was noticed

TEMPLATE: PETITION FOR DECLARATORY RULING (M.G.L. c. 30A, § 7)

To: [________________________________], General Counsel
Agency: [________________________________]
Date: [__/__/____]

PETITION FOR DECLARATORY RULING

Pursuant to M.G.L. c. 30A, § 7, the undersigned petitions the Agency for a ruling as to the applicability of any regulation or statute enforced or administered by the Agency to specified circumstances:

Rule/Statute at Issue:
☐ Statute: M.G.L. c. [____], § [____]
☐ Regulation: [____] CMR [____].[____]

Statement of Facts:
[________________________________]

Question Presented:
[________________________________]

Petitioner's Position:
[________________________________]

Note: Under M.G.L. c. 30A, § 7, the Agency has discretion to issue or decline to issue a declaratory ruling. However, the agency must issue a ruling in response to a petition filed pursuant to section 7 unless it determines that such a ruling is inappropriate. Declaratory rulings are subject to judicial review.

TEMPLATE: PETITION FOR RULEMAKING (M.G.L. c. 30A, § 8)

To: [________________________________], General Counsel / Regulatory Affairs
Agency: [________________________________]
Date: [__/__/____]

PETITION FOR PROMULGATION, AMENDMENT, OR REPEAL OF REGULATION

Pursuant to M.G.L. c. 30A, § 8, the undersigned petitions the Agency to:

☐ Promulgate a new regulation regarding [________________________________]
☐ Amend [____] CMR [____].[____]
☐ Repeal [____] CMR [____].[____]

Name and Address of Petitioner:
[________________________________]

Regulation at Issue:
[________________________________]

Reasons for Petition:
[________________________________]

Proposed Regulatory Text (if promulgation or amendment):
[________________________________]

Note: Under M.G.L. c. 30A, § 8, the Agency must within 30 days deny the petition in writing (stating reasons) or initiate rulemaking proceedings in accordance with Section 2.

TEMPLATE: COMMENT ON EMERGENCY REGULATION

To: [________________________________]
Agency: [________________________________]
Date: [__/__/____]

COMMENT ON EMERGENCY REGULATION

The undersigned submits this comment on the following emergency regulation adopted by the Agency:

Regulation: [____] CMR [____].[____]
Date of Emergency Adoption: [__/__/____]
Expiration Date (3 months from adoption): [__/__/____]

Comment:

☐ The conditions justifying emergency adoption no longer exist
☐ The emergency regulation exceeds the scope of the emergency
☐ The emergency regulation should be modified as follows: [________________________________]
☐ The emergency regulation should not be adopted as a permanent regulation through the standard rulemaking process
☐ Other: [________________________________]

[________________________________]
[Detailed comment]

Note: Under M.G.L. c. 30A, § 2, emergency regulations remain in effect for only 3 months unless adopted through the standard public hearing or comment period process.

TEMPLATE: WAIVER / VARIANCE REQUEST

To: [________________________________]
Agency: [________________________________]
Date: [__/__/____]

REQUEST FOR WAIVER OF REGULATION

The undersigned requests a waiver of the following CMR provision:

Regulation: [____] CMR [____].[____]

Grounds for Waiver:
☐ Strict compliance would impose an undue financial hardship
☐ The waiver would not compromise health, safety, welfare, or environmental objectives
☐ Alternative compliance measures are proposed
☐ Unique circumstances justify the waiver
☐ The regulation as applied is inconsistent with the statute's objectives

[________________________________]
[Detailed explanation of grounds]

Duration of Waiver Requested:
[________________________________]

Alternative Compliance Measures:
[________________________________]

AGENCY RESPONSE OBLIGATIONS AND TIMELINES

SOURCES AND REFERENCES

• M.G.L. c. 30A (Massachusetts Administrative Procedure Act): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30A
• Code of Massachusetts Regulations (CMR): https://www.mass.gov/code-of-massachusetts-regulations-cmr
• Massachusetts Register: https://www.mass.gov/massachusetts-register
• The Regulations Manual (Secretary of the Commonwealth): https://www.sec.state.ma.us/divisions/pubs-regs/download/manual.pdf
• Learn About the CMR: https://www.mass.gov/info-details/learn-about-the-code-of-massachusetts-regulations

This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in Massachusetts before use. Legal requirements and agency procedures may change; verify all citations and procedures before submission.