Notices of Public Hearing (Published 08/02/2024)

Children and Families, Department of
110 CMR 5.00 & 110 CMR 9.00

NOTICE OF PROPOSED AMENDMENT OF REGULATIONS

Notice is hereby given that the Department of Children and Families proposes to amend its Assessment regulations, 110 CMR 5.00 et. seq., under the authority of M.G.L. c. 18B, §§ 3 and 7, and M.G.L. c. 119, §§ 29 and 37, and following M.G.L. c. 30A, §3.

The proposed amendments rename the chapter to “Family Assessment and Action Plan” to align with the DCF Family Assessment and Action Plan Policy; more clearly define the circumstances where a Family Assessment must be completed; expand the time to complete an initial Family Assessment from 45 working days to 60 business days; revise the requirements for conducting, completing and documenting a Family Assessment and combine all requirements into a single section; revise the procedures for review of a response decision for a first Family Assessment where the case is newly opened or reopened following a M.G.L. c. 119, § 51B response; and add the Department’s purpose, requirements and procedures for the completion of a family or individual Action Plan.

Individuals wishing to submit public comment may do so by sending comments to Thomas P. Weierman, Deputy General Counsel, Department of Children and Families, 600 Washington Street, 6th Floor, Boston, MA 02111 or by email to Thomas.P.Weierman@mass.gov until August 23, 2024 by 5:00 P.M.

Individuals wishing to review the current draft of the proposed amendments may find a copy at www.Mass.Gov/dcf or may request a copy in writing or in person from Office of the General Counsel, Department of Children and Families, 600Washington Street, 6th Floor, Boston MA 02111, or by EMAIL at Thomas.P.Weierman@mass.gov, or by calling 617-748-2063.

By order of the Department of Children and Families:
Staverne Y. Miller
Acting Commissioner

CMR No: 110 CMR 5.00: Assessment
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0. 
  

• Will small businesses have to create, file, or issue additional reports?

  No.  

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation governs how the Department will handle assessment and action planning for individuals and families involved with the Department. A standardized process is needed to ensure statewide consistency in practice.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Children and Families, Department of
110 CMR 9.00

NOTICE OF PROPOSED AMENDMENT OF REGULATIONS

Notice is hereby given that the Department of Children and Families proposes to amend its Case Closure regulations, 110 CMR 9.00 et. seq., under the authority of M.G.L. c. 18B, §§ 3 and 7, and M.G.L. c. 119, §§ 26 and 37, and following M.G.L. c. 30A, §3.

The proposed changes to the case closure regulations include updating the list of case closing reasons to include specific provisions for young adults over the age of 18 to be consistent with state and federal law and to update the regulations consistent with agency policy changes.

Individuals wishing to submit public comment may do so by sending comments to Thomas P. Weierman, Deputy General Counsel, Department of Children and Families, 600 Washington Street, 6th Floor, Boston, MA 02111 or by email to Thomas.P.Weierman@mass.gov until August 23, 2024 by 5:00 P.M.

Individuals wishing to review the current draft of the proposed amendments may find a copy at www.Mass.Gov/dcf or may request a copy in writing or in person from Office of the General Counsel, Department of Children and Families, 600Washington Street, 6th Floor, Boston MA 02111, or by EMAIL at Thomas.P.Weierman@mass.gov, or by calling 617-748-2063.

By order of the Department of Children and Families:
Staverne Y. Miller
Acting Commissioner

CMR No: 110 CMR 9.00: Case Closure
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0. 
  

• Will small businesses have to create, file, or issue additional reports?

  No.  

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation governs how the Department will handle assessment and action planning for individuals and families involved with the Department. A standardized process is needed to ensure statewide consistency in practice.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Transportation, Department of
700 CMR 3.00

NOTICE OF PUBLIC COMMENT PERIOD AND HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Department of Transportation, (“MassDOT”) will hold a supplemental hybrid public hearing on Friday August 9, 2024 at 10:00 a.m. and accept written public comment until 5:00 p.m. on August 9, 2024, the same day, concerning the following regulatory action:

Amend 700 CMR 3.00 - Control and Restriction of Billboards, Signs and Other Advertising Devices

The proposed amendment clarifies ambiguities about where billboards are permitted as it relates to roadway interchanges and ramps on MassDOT roadways. Comments received during the initial public comment hearing/period are still valid and will be considered.

MassDOT will hold this hearing:
Remotely at: https://us02web.zoom.us/j/88334900260
In person at: 10 Park Plaza Conference Rooms 5 and 6, 2nd Floor Boston, Massachusetts 02116

Individuals who notify MassDOT of their intent to testify during the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify MassDOT of their intention to testify at the hearing by emailing the address below with the subject line “Regulation Hearing Comment - Control and Restriction of Billboards, Signs and Other Advertising Devices.” Written comments must be submitted by email or postal mail to the following address:

Email: Eileen.Fenton@dot.state.ma.us
Postal Mail: Eileen Fenton Managing Counsel MassDOT 10 Park Plaza, Suite 3510 Boston, Massachusetts 02116
A copy of the above-listed regulations may be obtained by request to the above address or email address.

MassDOT may adopt a revised version of the proposed action taking into account relevant comments received and any other practical alternatives that come to its attention.

For accommodation or language assistance requests, please contact MassDOT’s Chief Diversity & Civil Rights Officer by phone at (857) 368‐8580 , TTD/TTY at (857) 266-0603 , fax (857) 368 0602 or by email to MassDOT.CivilRights@dot.state.ma.us. Requests should be made as soon as possible, ideally at least five business days before the close of the public hearing.

CMR No: 700 CMR 3.00: Control and Restriction of Billboards, Signs and Other Advertising Devices
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

Background:
The agreement between Massachusetts and Federal Highway Administration places restrictions on where billboards may be constructed in proximity to ramps and interchanges on MassDOT roadways. This is referred to as the “ramp rule”. It provides:
Interstate Highways and Freeway Primary Highways:
b.) No sign may be located adjacent to or within 500 feet of an interchange or intersection at grade, information center, or rest area measured along the interstate highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. This subsection (b) does not apply in cities and towns of over 50,000 population.
MassDOT is proposing the regulatory amendment to clarify MassDOT’s intent and position as to the applicability of the “ramp rule”.
The proposed change to the regulations adds the following language:
(18) No sign, including electronic, trivision or static signs, may be located adjacent to or within 500 feet of an interchange or intersection at grade, information center, or rest area on an Interstate Highway or Freeway Primary Highway, measured along the Interstate Highway or Freeway Primary Highway from the nearest point of the beginning or ending of widening of the main traveled way at the exit from or entrance to the main traveled way. This subsection 700 C.M.R. 3.07(18) does not apply in cities and towns with a population greater than 50,000.

• Estimate of the number of small businesses subject to the proposed regulation:

  We are unable to determine the number of small businesses impacted by the regulation. MassDOT does not have the size of each of the license holders, but they range from large companies to individuals. There are currently 131 license holders that are licensed to engage in the business of outdoor advertising in the Commonwealth, and there are approximately 3744 active permits held by one or several of the license holders.

• Will small businesses have to create, file, or issue additional reports?

  No.  See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have to create, file, or issue additional reports other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Will small businesses have to implement additional recordkeeping procedures?

  No.  See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have to create, file, or issue additional reports other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Will small businesses have to provide additional administrative oversight?

  No.  See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have to create, file, or issue additional reports other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.  See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have to create, file, or issue additional reports other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have to create, file, or issue additional reports other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.  See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have to create, file, or issue additional reports other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.  See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  Because all of the standards are currently contained in regulation, it is not anticipated that small businesses will have added difficulty complying with the proposed regulation, other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  Yes.  The agreement between Massachusetts and Federal Highway Administration places restrictions on where billboards may be constructed in proximity to ramps and interchanges on MassDOT roadways. This is referred to as the “ramp rule”.
  It provides: 
  Interstate Highways and Freeway Primary Highways:
  a.)
  b.) No sign may be located adjacent to or within 500 feet of an interchange or intersection at grade, information center, or rest area measured along the interstate highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. This subsection (b) does not apply in cities and towns of over 50,000 population.
  MassDOT is proposing the regulatory amendment to clarify MassDOT’s intent and position as to the applicability of the “ramp rule”.
  The proposed change to the regulations adds the following language:
  (18) No sign, including electronic, trivision or static signs, may be located adjacent to or within 500 feet of an interchange or intersection at grade, information center, or rest area on an Interstate Highway or Freeway Primary Highway, measured along the Interstate Highway or Freeway Primary Highway from the nearest point of the beginning or ending of widening of the main traveled way at the exit from or entrance to the main traveled way. This subsection 700 C.M.R. 3.07(18) does not apply in cities and towns with a population greater than 50,000.
  MassDOT intends to work with FHWA to amend the agreement between Massachusetts and Federal Highway Administration to clarify any ambiguity and MassDOT’s intent as to the applicability of the “ramp rule” to its roadways.
  

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  The existing regulations require those who engage in the business of outdoor advertising to cooperate with audits, inspections or other regulatory enforcement activities / requirements. It is not anticipated that small businesses will have additional requirements to cooperate with audits, inspections or other regulatory enforcement activities, other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have additional requirements to cooperate with audits, inspections or other regulatory enforcement activities, other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions for those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  The proposed regulation amendment is neutral in this regard. It is not anticipated that the regulation will deter or encourage the formation of small businesses in Massachusetts because the amendment just extends and clarifies that existing requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions for those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  The proposed regulation amendment is neutral in this regard. It is not anticipated that the regulation will deter or encourage the formation of small businesses in Massachusetts because the amendment just extends and clarifies that existing requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions for those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have difficulty complying with the regulation requirements including reporting requirements, as they are similar to what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions for those who engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have to modify any of their existing practices or require less stringent schedules or deadlines to comply with the regulatory requirements, as they are similar to what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to anyone, regardless of size, who wishes to engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have to modify any of their existing practices to comply with the regulatory requirements, other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  Although not applicable to this proposed amendment, the existing regulations have a different fee requirement based on the number of permits a licensee has, and a different fee based on the size of a billboard.
  

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, and restrictions that apply to anyone, regardless of size, who wishes to engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, and restrictions relative to the “ramp rule”, that currently apply to Interstate Highways also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have additional challenges or will have to modify any of their existing practices to comply with the regulatory requirements, other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway. Performance, design or operational standards are contained in the existing regulation and do not hinder the delivery of the regulatory objective which is compliance with state and federal law and effective control of outdoor advertising.
  

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. See Background information above.
  Existing regulations provide the administrative and operational requirements, processes, restrictions, and regulatory methods that evenly apply to anyone, regardless of size, who wishes to engage in the business of outdoor advertising in the Commonwealth. The proposed amendment just extends and clarifies that those requirements, processes, restrictions, and regulatory methods relative to the “ramp rule”, that currently apply to Interstate Highways, also apply to Freeway Primary Highways.
  It is not anticipated that small businesses will have additional challenges or will have to modify any of their existing practices to comply with the regulatory requirements, other than what is currently required for permitting a billboard within 500 feet of a ramp or interchange on an Interstate Highway.
  Although not applicable to this proposed amendment, the existing regulations have a different fee requirement based on the number of permits a licensee has, and a different fee based on the size of a billboard.
  

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