Notices of Public Hearing (Published 9/29/2023)

Gaming Commission, Massachusetts
205 CMR 219.00 – Temporary Licensing Procedures
205 CMR 231.00 – Renewal of a Sports Wagering License

Notice is hereby provided that in accordance with G.L. c. 30A § 2, the Massachusetts Gaming Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of regulations. The regulations were promulgated pursuant to G.L. c. 23N, § 4, as part of the Commission’s regulatory process, and concern the following regulations:

205 CMR 219.00 (Temporary Licensing Procedures)

This regulation governs the issuance and renewal of temporary sports wagering licenses. 205 CMR 231 governs renewals of full sports wagering licenses. The revised version of 205 CMR 219, filed by emergency on September 1, 202, limits the duration of a temporary license to one year in most cases. Every year, the operator must seek leave to request a “renewed” temporary license. Upon receiving leave, the operator pays another $1,000,000 licensing fee and goes through the statutory steps required for the issuance of a new temporary license.

205 CMR 231.00 (Renewal of a Sports Wagering License)

This regulation governs renewals of full sports wagering licenses. The renewal of full licenses is governed by M.G.L. c. 23N, §
6(f), which provides that a full license “may be renewed for 5-year periods upon payment of a $5,000,000 renewal fee; provided, that the operator shall continue to meet all requirements under this chapter and the rules and regulations of the commission,” pursuant to M. G. L. c. 23N, §
6(f).

Scheduled hearing date and time:  Tuesday, October 10, 2023, at 9:30AM EST

Given the unprecedented circumstances, Governor Charles Baker issued an order to provide limited relief from certain provisions of the Open Meeting Law to protect the health and safety of the public and individuals interested in attending public meetings during the global Coronavirus pandemic. In keeping with the guidance provided, the Commission will conduct this hearing utilizing remote collaboration technology. 

CONFERENCE CALL NUMBER: 1-646-741-5292 PARTICIPANT CODE: 112 387 4209

A complete copy of the draft regulations referenced above may be downloaded by visiting www.massgaming.com, clicking on ‘Regulations and Compliance’ and selecting the ‘Proposed Rulemaking’ Section. Anyone wishing to offer comments on these regulations can email Judith.Young@massgaming.gov and request the virtual hearing link to appear and speak. Alternatively, written comments may also be submitted to the same email address with ‘Regulation Comment’ in the subject line.

Comments must be received by 5:00PM EST on October 9, 2023.

Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c.
30A, § 2 attached.

205 CMR 219.00
Small Business Impact Statement

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed amendments to 205 CMR 219: Temporary Licensing Procedures. This regulation was promulgated as part of the process of promulgating regulations governing sports wagering in the Commonwealth, and is authorized by G.L. c. 23N, §4. This regulation is unlikely to have an impact on small businesses as it governs the issuance of licenses to Sports Wagering Operators who are not small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions:

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

  This regulation is unlikely to have an impact on small businesses.

• State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation:

  There are no projected reporting, recordkeeping, or other administrative costs required for small businesses to comply with this regulation. This regulation governs sports wagering operators and gaming licensees.

• State the appropriateness of performance standards versus design standards:

  The regulation sets out processes and compliance requirements, akin to performance
  standards.

• Identify regulations of the promulgating agency, or of another agency or department of the Commonwealth, which may duplicate or conflict with the proposed regulation:

  There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.

• State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth:

  This regulation will have no effect on the formation of new businesses in the Commonwealth.

205 CMR 231.00
Small Business Impact Statement

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2 , relative to the proposed 205 CMR 231: RENEWAL OF A SPORTS WAGERING LICENSE.
This regulation is being promulgated as part of the process of promulgating regulations governing sports wagering in the Commonwealth, and is primarily governed by G.L. c. 23N. It sets out processes for renewing sports wagering licenses.
The proposed 205 CMR 231 applies to potential sports wagering operators and the Commission. Accordingly, this regulation is unlikely to have an impact on small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions:

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

  This regulation is unlikely to have an impact on small businesses.

• State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation:

  There are no projected reporting, recordkeeping, or other administrative costs required for small businesses to comply with this regulation. This regulation governs sports wagering operators and gaming licensees.

• State the appropriateness of performance standards versus design standards:

  The regulation sets out processes and compliance requirements, akin to performance standards.

• Identify regulations of the promulgating agency, or of another agency or department of the Commonwealth, which may duplicate or conflict with the proposed regulation:

  There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.

• State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth:

  This regulation will have no effect on the formation of new businesses in the Commonwealth.

Health and Human Services, Executive Office of:
101 CMR 206.000 - Standard Payments to Nursing Facilities
130 CMR 520.000: MassHealth: Financial Eligibility
130 CMR 450.000: Administrative and Billing Regulations

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Friday, October 20, 2023, at 1 p.m. relative to the emergency adoption of amendments to the following regulation.

101 CMR 206.00: Standard Payments to Nursing Facilities

The proposed amendments to 101 CMR 206.00 implement Fiscal Year 2024 (FY24) budget requirements. The following adjustments are being proposed to the rates, consistent with the FY24 budget:

• 1. applying a cost adjustment factor of 21.94% to 2019 costs;
• 2. increasing the cap on capital payments from $37.60 to $50.00;
• 3.updating rates to reflect the migration from the Management Minute Questionnaire (MMQ) Assessment to be a Patient Driven Payment Model (PDPM), which is based on the Minimum Data Set (MDS) Assessment and are consistent with amendments to 130 CMR 456.000: Long Term Care Services; and
• 4. expanding the number of facilities eligible for the Substance Use Disorder rate add- on and creating a special add-on during the induction period.

The proposed amendments also amend certain aspects of existing rate adjustments, add-ons, and flat rates. Additionally, the proposed amendments remove the descriptions of supplemental payment programs that have ended, such as certain supplemental payments related to COVID-19, the Prospective Annualized SFY 2023 Monthly Supplemental Payment, and the Patient Transitions Program Supplemental Payments.

The regulation will go into effect as an emergency on October 1, 2023. The annual fiscal impact of these amendments for the MassHealth Fee for Service Nursing Facility program is estimated to be $113,931,000.

Written testimony will be accepted through 5:00 p.m. on Friday, October 20, 2023. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care.

To review the emergency regulation, go to www.mass.gov/service-details/executiveoffice-of-health-and-human-services-public-notices or request a copy in writing or in person from:

MassHealth Publications,
100 Hancock Street, 6th Floor,
Quincy, Massachusetts 02171

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

 EOHHS may adopt a final, revised version of the emergency regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings.

NOTICE OF PROPOSED AMENDMENT OF REGULATIONS

Under the authority of M.G.L. c. 6A, s. 16; M.G.L. c. 118E, ss. 7 and 12; and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) proposes to amend the following regulations.

130 CMR 520.000: MassHealth: Financial Eligibility and 130 CMR 450.000: Administrative and Billing Regulations

Federal law establishes requirements around cost-sharing. Effective May 1, 2023, through March 31, 2024, these proposed amendments waive all cost sharing for MassHealth members.

The purpose of proposed amendments is to eliminate copayments during the unwinding of the federal public health emergency (PHE). This ensures that the Executive Office of Health and that Human Services (EOHHS) complies with federal requirements barring increased copayments for members before redeterminations are completed after the end of the federal PHE. There is no impact on or waiver of copayments for individuals covered by the Children’s Medical Security Plan.

The proposed amendments also update the affected regulations to reflect that copayments are permanently waived for 12 months post-pregnancy.

The proposed amendments are expected to increase annual aggregate MassHealth expenditures by approximately $4,700,000. There is no fiscal impact on cities and towns.  

Note: EOHHS previously held a public hearing on these changes on May 22, 2023. These proposed amendments do not reflect a substantiative change, but EOHHS nevertheless is providing an additional opportunity for public input.  

To submit data, views, or arguments concerning these proposed amendments, please email them to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All submissions must include the sender’s full name, mailing address, and organization or affiliation, if any. 

Individuals who are unable to submit comments by email should mail comments to

EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171

Comments will be accepted through 5:00 p.m. on Friday, September 22, 2023. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

To review the emergency regulation, go to www.mass.gov/service-details/executiveoffice-of-health-and-human-services-public-notices or request a copy in writing or in person from:

MassHealth Publications,
100 Hancock Street, 6th Floor,
Quincy, Massachusetts 02171

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

 EOHHS may adopt a final, revised version of the emergency regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings.

101 CMR 206.000 - Standard Payments to Nursing Facilities
Small Business Impact Statement

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

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

  No. The regulation requires nursing facilities seeking certain additional payment add-ons and adjustments to submit reports demonstrating their eligibility and/or compliance.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Certain additional payment add-ons and adjustments require nursing facilities to maintain up-to-date records on eligibility and/or compliance; but there are no new requirements as a result of this regulation.

• 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 or operational standards to accomplish the regulatory objective?

  No. (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.) Performance standards are not more appropriate than design or operational standards.

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

  No. other regulations duplicate or conflict with the proposed regulation.

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

  Yes. The regulation requires all nursing facilities to comply with audits and produce records requested by EOHHS, but this is not a new requirement. The regulation does not distinguish between small and other businesses.

• 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. The regulation does not distinguish between small and other businesses.

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

  No. The regulation does not distinguish between small and other businesses.

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

  No. The regulations do not distinguish between small and other businesses

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

  No. The regulation does not distinguish between small and other businesses.

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

  No. Distinguishing small businesses from other businesses would not be practicable for this regulation.

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

  No. Payment methodologies for nursing facilities are required by statute to be established through regulation.

101 CMR 316.00 - 317.00 - 318.00 - Proposed Amendement of Regulations
Small Business Impact Statement

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

• 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 or operational standards to accomplish the regulatory objective?

  No. (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.) Performance standards are not more appropriate than design or operational standards.

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

  No. other regulations duplicate or conflict with the proposed regulation.

• 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. The regulation establishes new and updated payment methodologies for providers and is unlikely to deter or encourage the formation of small businesses.

• 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.  

• 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.

Division of Marine Fisheries
322 CMR 6.03: Recreational Fishing Limits for Cod and Haddock

Notice of Public Hearing and Comment Period: Recreational Fishing Limits for Cod and Haddock

Under the provisions of G.L. c. 30A and pursuant to the authority found at G.L. c. 30A, §2 and 130 § 17, the Division of Marine Fisheries (DMF) is taking public comment on recently enacted emergency regulations amending 322 CMR 6.03 to implement recreational cod and haddock limits. A description of the emergency regulations are described below and a full text of the emergency regulations may be found on DMF’s website along with additional relevant background information.

• 1. Georges Bank/Southern New England Cod. Adopt a September 1 – May 31 open season with a 5- fish bag limit and 23” minimum size. Effectively this adjusts the timing of the open season by one month, as it was previously August 1 – April 30; eliminates the 22” to 28” slot limit in favor of a 23” minimum size; and maintains the 5-fish bag limit.
• 2. Gulf of Maine Cod. Adopt a September 1 – October 31 open fishing season with a 1-fish bag limit and 22” minimum size. Effectively, this extends the fall season closure date from October 8 to November 1, eliminates the April 14 – April 30 open season, and maintains the existing size limit and bag limit.
• 3. Gulf of Maine Haddock. Adopt a April 1 – February 28 open season with a split mode bag limit and size limit. Anglers fishing from shore or a private vessel will have a 10-fish bag limit and 17” minimum size, whereas anglers on for-hire vessels will have a 15-fish bag and 18” minimum size. Effectively, this maintains the current open season for all anglers and the minimum size for private anglers, while decreasing the bag limit from 20-fish for all anglers and raising the minimum size by 1” for for-hire anglers to offset the higher bag limit.

Public Hearing and Comment Schedule
DMF will host a virtual public hearing on Tuesday, October 10, 2023 at 6PM. To attend the virtual public hearing you must pre-register at: https://us02web.zoom.us/webinar/register/WN_Pi94APL_SOW8Zif5IoivUQ.

DMF will accept written public comment through 5PM on Friday October 13, 2023.
Please submit written comments to:
Director Daniel McKiernan by e-mail (marine.fish@mass.gov)

322 CMR 6.03
Small Business Impact Statement

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

• 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. Not applicable. The prescribed regulations are required by and designed to comply with federal law at 16 U.S.C. 1856.

• 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. Recreational fishing rules are one of a number of limiting factors that may impact the formation of new for-hire fishing businesses in Massachusetts. Accordingly, this action alone does not discourage the formation of new for-hire businesses.

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

  No. Recreational fishing rules are one of a number of limiting factors that may impact the formation of new for-hire fishing businesses in Massachusetts. Accordingly, this action alone will not encourage the formation of new for-hire businesses.

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

  No. Not applicable. The prescribed regulations are required by and designed to comply with federal law at 16 U.S.C. 1856.

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

  No. Not applicable. The prescribed regulations are required by and designed to comply with federal law at 16 U.S.C. 1856.

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

  No. Not applicable. The prescribed regulations are required by and designed to comply with federal law at 16 U.S.C. 1856.

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

  No. Not applicable. The prescribed regulations are required by and designed to comply with federal law at 16 U.S.C. 1856.

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

  No. Not applicable. The prescribed regulations are required by and designed to comply with federal law at 16 U.S.C. 1856.

Public Health, Department of
105 CMR 159.000: MassHealth: Vaccinations for Certain Staff Providing Home Care Services in Massachusetts

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Department of Public Health (the Depattment) will hold a public hearing and comment period on the proposed rescission of 105 CMR 159.000 Vaccinations for Certain Staff Providing Home Care Services in Massachusetts, filed on September 15, 2023.

The regulation addresses COVID-19 vaccinations for cettain staff providing homecare services in Massachusetts. The Depattment is proposing rescinding the regulation.

The public hearing will be held on October 16, 2023, at 2pm.
The hearing will be conducted on a moderated conference call. The login information for the moderated conference call is:

Dial in: 888-469-3059
Participant code: 3650454

 A copy of the proposed rescission of 105 CMR 159.000 may be viewed on the Department's website at http://mass.gov/clph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220.

The Department encourages all interested parties, including those who testify at the public hearing, to submit written testimony electronically to Reg.Testimony@mass.gov. Please submit electronic testimony as an attached Word document and type 105 CMR 159.000, Vaccinations for Certain Staff Providing Home Care Services in Massachusetts - Rescission in the subject line of the email. All submitted testimony must include the sender's full name and address. The Department will post all electronic testimony that complies with these instructions on its website. Patties who are unable to submit electronic testimony should mail submissions to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108.

All comments must be submitted by 5:00 p.m. on October 16, 2023, the date of the public hearing.
All comments received by the Department may be released in response to a request for public records.

If you are deaf or hard of hearing or are a person with a disability who requires accommodation, please contact Alex Gomez at least 5 days before the hearing at Tel# 617-624-5928, Fax# 617-624-5075, email Alex.Gomez@mass.gov, or TTY# 617-624-6001. 

105 CMR 159.000
Small Business Impact Statement

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

• 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.

• 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.  N/A, this regulation is being rescinded.

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

  No.  N/A, this regulation is being rescinded.

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

  No. N/A, this regulation is being rescinded.

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

  No. N/A, this regulation is being rescinded.

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

  No. N/A, this regulation is being rescinded.

Unemployment Assistance, Department of
430 CMR 11.00: Procedures for non-monetary redeterminations under MGL c. 151A, § 71.

Pursuant to the provisions of G.L. c. 30A, §2, notice is hereby given of the following proposed action:

REGULATIONS:
Amendment of 430 CMR 11.00, Procedures for non-monetary redeterminations under MGL c. 151A, § 71.

The proposed regulatory action will establish new and updated procedures for non-monetary redeterminations of unemployment eligibility decisions, in accordance with MGL c. 151A, § 71.

The Department of Unemployment Assistance will hold a public hearing with respect to the above-entitled regulation, on October 16, 2023 at 9:30 AM. The hearing will be held at 100 Cambridge Street, Boston, MA 02114. All visitors should check in at the 2nd floor security desk with a photo ID.

Individuals can also participate virtually via Zoom: Meeting ID: 991 6690 1541; Passcode: 481188

At said time and place, interested parties will be afforded an opportunity to orally present data, views, or arguments relative to the proposed action. Written presentations may be made at the hearing or at any time prior to 5:00 PM on October 16, 2023 by directing same to:

David J. Gold
Chief Counsel Department of Unemployment Assistance
100 Cambridge Street, 4th Floor
Boston, Massachusetts 02114
or David.gold@mass.gov

The text of the proposed amendment is available upon written request to the above email.

430 CMR 11.00
Small Business Impact Statement

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

• 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.) This section governs the redetermination process for unemployment eligibility determinations. These regulations are designed to update the process for issuing redeterminations with current practice.

  No.  

• 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. This section governs the redetermination process for unemployment eligibility determinations. It is not likely not deter formation of businesses. All businesses in Massachusetts that are subject to 151A are subject.

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

  No. This section governs the redetermination process for unemployment eligibility determinations. It is unlikely by itself to create business.

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

  No. All businesses in Massachusetts that are subject to 151A are subject in the same manner.

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

  No. All businesses in Massachusetts that are subject to 151A are subject in the same manner.

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

  No. All businesses in Massachusetts that are subject to 151A are subject in the same manner.

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

  No. This section governs the redetermination process for unemployment eligibility determinations. All businesses in Massachusetts that are subject to 151A are subject in the same manner.

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

  No. This section governs the redetermination process for unemployment eligibility determinations. All businesses in Massachusetts that are subject to 151A are subject in the same manner.