Notices of Public Hearing (Published 11/21/2025)

Department of Elementary and Secondary Education
603 CMR 23.00 

NOTICE OF PUBLIC COMMENT

Pursuant to its authority under M.G.L. c. 69, s. 1B and c. 71, s. 34D, and in accordance with the Administrative Procedure Act, M.G.L. c. 30A, § 3, the Massachusetts Board of Elementary and Secondary Education (Board) is soliciting public comment on proposed amendments to Regulations on Student Records (definitions), 603 CMR 23.02.

The proposed amendments are a technical change to the definition of “transcript” in the regulations to delete the reference to the competency determination, to conform the definition to state law, as amended. The proposed amendments also include a copy edit for clarity and a reference to state endorsed seals or awards, consistent with the proposed amendment to the Seal of Biliteracy regulations.

Copies of the proposed amendments are available on the Department’s website at https://www.doe.mass.edu/bese/regs-comments/default.html, or at http://www.doe.mass.edu/lawsregs/, or by calling 781-338-6585. Public comments may be submitted online by completing this form https://survey.alchemer.com/s3/8540300/Proposed-Amendments-to-Regulations-on-Student-Records-Definitions-2025-Public-Comment, or by email to officeofplanningandresearch@mass.gov or by mail to: Regulations Public Comment, c/o Commissioner’s Office, Department of Elementary and Secondary Education, 135 Santilli Highway, Everett, MA 02149. The deadline to submit public comment is Friday, December 5, 2025 at 5:00 pm. The Board is expected to vote on the proposed amendments at its regular monthly meeting in January 2026.

603 CMR 23.00
Small Business Impact Statement

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

This statement accompanies the filing by the Department of Elementary and Secondary Education of the proposed amendments to 603 CMR 23.02, Regulations on Student Records (definitions). 

The proposed amendments are a technical change to the definition of “transcript” in the regulations to delete the reference to the competency determination, to conform the definition to state law, as amended. The proposed amendments also include a copy edit for clarity and a reference to state endorsed seals or awards, consistent with the proposed amendment to the Seal of Biliteracy regulations.

1. The proposed amendments do not affect small businesses.
2. The proposed amendments do not affect small businesses. 2. Since the proposed amendments do not affect small businesses, the following considerations are not applicable:
1. Reporting, record keeping or other administrative costs required of small businesses for compliance associated with the amendments.
2. Appropriateness of performance standards vs. design standards.
3. Regulations of this agency or any other state agency, which may duplicate or conflict with the proposed amendments.
4. Analysis of whether the proposed amendments are likely to deter or encourage the formation of new business in the state.

Submitted by:
Rhoda E. Schneider, on behalf of the Department of Elementary and Secondary Education

Department of Elementary and Secondary Education
603 CMR 31.00 

NOTICE OF PUBLIC COMMENT

Pursuant to its authority under M.G.L. c. 69, §§ 1B and 1Q, and in accordance with the Administrative Procedure Act, M.G.L. c. 30A, § 3, the Massachusetts Board of Elementary and Secondary Education (Board) is soliciting public comment on proposed amendments to 603 CMR 31.04, the regulations on State Seal of Biliteracy (603 CMR 31.00, Certificate of Mastery and State Seal of Biliteracy).

The proposed amendments to 603 CMR 31.04 align with the change in state law relating to the competency determination, establish updated criteria, streamline procedures for schools and districts, and clarify terminology.

Copies of the proposed amendments are available on the Department’s website at https://www.doe.mass.edu/bese/regs-comments/default.html, or at http://www.doe.mass.edu/lawsregs/, or by calling 781-338-6585. Public comments may be submitted online by completing this form https://survey.alchemer.com/s3/8533019/Proposed-Amendments-to-Seal-of-Biliteracy-Regulations-2025, or by email to mastatesealofbiliteracy@mass.gov or by mail to: Regulations Public Comment, c/o Commissioner’s Office, Department of Elementary and Secondary Education, 135 Santilli Highway, Everett, MA 02149. The deadline to submit public comment is Friday, December 5, 2025, at 5:00 pm. The Board is expected to vote on the proposed amendments at its regular monthly meeting in January 2026. 

603 CMR 31.00
Small Business Impact Statement

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

This statement accompanies the filing by the Department of Elementary and Secondary Education of the proposed amendments to 603 CMR 31.04, the regulations on State Seal of Biliteracy (603 CMR 31.00, Certificate of Mastery and State Seal of Biliteracy).

The proposed amendments to 603 CMR 31.04 align with the change in state law relating to the competency determination, establish updated criteria, streamline procedures for schools and districts, and clarify terminology.

1. The proposed amendments do not affect small businesses.
2. The proposed amendments do not affect small businesses. 2. Since the proposed amendments do not affect small businesses, the following considerations are not applicable:
1. Reporting, record keeping or other administrative costs required of small businesses for compliance associated with the amendments.
2. Appropriateness of performance standards vs. design standards.
3. Regulations of this agency or any other state agency, which may duplicate or conflict with the proposed amendments.
4. Analysis of whether the proposed amendments are likely to deter or encourage the formation of new business in the state.

Submitted by:
Rhoda E. Schneider, on behalf of the Department of Elementary and Secondary Education

Massachusetts Gaming Commission
205 CMR 234.00

NOTICE OF PUBLIC HEARING

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. This regulation was promulgated pursuant to G.L. c. 23N § 4, as part of the Commission’s regulatory process, and concern the following regulation:

205 CMR 234.09: Term of Sports Wagering Vendor License or Registration; Renewal

The proposed amendment relates to sports wagering vendor initial licenses and registrations and the duration of the renewal terms. The first change would increase the initial term from three to five years. The second change would increase the renewal date from the last day of the month on the third anniversary to the last day of the month on the fifth anniversary of the issuance date.

Scheduled hearing date and time: Tuesday, December 2, 2025, at 9:30 AM EST

Pursuant to chapter 2 of the session acts of 2025, Governor Healey extended a limited relief from certain provisions of the Open Meeting Law which was first implemented 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: 111 374 4855

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 Melanie.Foxx@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 5:00 PM EST on December 1, 2025. Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.  

205 CMR 234.00
Small Business Impact Statement

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

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 234, specifically, 234.09: Term of Sports Wagering Vendor License or Registration; Renewal, notice of which was filed with the Secretary of the Commonwealth. These amendments were developed as part of the process of promulgating regulations governing sports wagering in the Commonwealth. This regulation amendment is authorized by G.L. c. 23N, §§ 4(a)(b)(i) and G.L. c. 23K § 4(42).

The amendment applies directly to sports wagering vendors conducting or participating in sports wagering in the Commonwealth. Accordingly, these proposed regulations are not likely to have a negative impact on small businesses. In accordance with G.L. c. 30A, § 2, the Commission offers the following responses:

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

  To the extent that sports wagering vendors are small businesses, they may be impacted by these regulations. It is difficult to estimate with accuracy the potential number of small businesses that may be impacted.

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

  Projected reporting, recordkeeping and other administrative costs are unlikely to change in any material way for compliance with the proposed amendments.

• State the appropriateness of performance standards versus design standards:

  As a general matter, the proposed amendment requires design standards to allow the Investigation and Enforcement Bureau sufficient time to complete the durable suitability investigations for sports wagering vendors’ licenses and registrations and to align with the license terms of the sports wagering operators.

• 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 amendment is unlikely to deter or encourage the formation of new businesses in the Commonwealth at this time.

Dated: October 23, 2025

Executive Office of Health and Human Services
101 CMR 317.00

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, November 14, 2025, at 10:00 a.m. relative to the adoption of amendments to the following regulation.

101 CMR 317.00: Rates for Medicine Services

The proposed amendments to 101 CMR 317.00 add correctional facility as an eligible provider and establish a new code and corresponding modifier, T2023-U1, with a monthly rate of $269.99 per member for pre-release case management services. The proposed monthly rate was developed based on the current per diem rate of $21.92 for the community support program for individuals with justice involvement (CSP-JI, code H2016-HH) services established in 101 CMR 362.00: Rates for Community Support Program Services, using appropriate utilization assumptions. The proposed amendments are planned to be promulgated via the emergency regulation process and are anticipated to be promulgated with rates effective for dates of service on or after November 7, 2025.

EOHHS is proposing these changes, subject to federal approval, to ensure that payments are consistent with efficiency, economy, and quality of care and satisfy the requirements of M.G.L. 118E, sections 13C and 13D. It is estimated that annual aggregate MassHealth expenditures will increase by $108,000 as a result of the proposed amendments. There is no fiscal impact on cities and towns. The proposed amendments are not anticipated to impose new costs on small businesses, and any impact on small business providers will vary based on the volume of services provided.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/executive-office-of-health-and-human-services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@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 written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on 12/1/2025. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the emergency regulation, go to www.mass.gov/info-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 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/info-details/executive-office-of-health-and-human-services-public-hearings. 

November 10, 2025

CMR No: 101 CMR 317.00: Rates for Medicine Services
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:

  There are currently approximately 20,000 providers of physician services. EOHHS notes that, currently, there are no providers enrolled in MassHealth as providers of correctional facility provider services, as 130 CMR 449.000: Correctional Facility Services is a proposed regulation that, if promulgated, will establish the MassHealth correctional facility program. However, EOHHS estimates that there may be at least 13 correctional facilities in the Commonwealth who may be eligible to enroll in MassHealth as providers of correctional facility provider services if 130 CMR 449.000 is promulgated.

• 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. The proposed amendments update rates for providers. The regulation 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. The proposed amendments update rates for providers. The regulation is unlikely to deter or encourage the formation of small businesses.

• 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.

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

  No.  

• Can the compliance or reporting requirements be consolidated or simplified for small businesses?

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

• Can performance standards for small businesses replace design or operational standards?

  No. This regulation satisfies EOHHS statutory obligation under M.G.L. Chapter 118E, Section 13D to establish, by regulation, the rates to be paid by governmental units to providers of certain social service program services.

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

  No. The regulation is required by statutes and its goals could not be achieved through alternative methods.

Board of Higher Education
610 CMR 16.00

NOTICE OF PUBLIC HEARING

610 CMR 16.00: Degree Granting Regulation for Pilot Proposals on Innovation

Notice is hereby given pursuant to M.G.L. c. 69, § 30, M.G.L. c. 30A § 2 and c. 15A, § 9 that the Massachusetts Department of Higher Education will open a comment period relative to the adoption of regulation 610 CMR 16.00: “Degree Granting Regulation for Pilot Proposals on Innovation.”

The Department of Higher Education’s proposed regulation 610 CMR 16.00 seeks to provide the Board of Higher Education (Board or BHE) with flexibility to modify or temporarily waive its own regulations or standards in those instances where existing BHE regulations may impede responsible experimentation in higher education offerings. Specifically, the proposed BHE regulation establishes a framework for the Board to carefully consider, advance, and evaluate “pilot proposals” – from public or independent institutions of higher education subject to the Board’s jurisdiction – that may be inconsistent with one or more specific BHE regulatory or policy requirement(s) related to an institution’s degree-granting authority, but are responsive to significant changes in society, demographics, technology, educational research, or expectations regarding post-secondary education. The criteria, requirements, and procedures set forth therein will allow for responsible experimentation and advance innovation within a controlled, monitored environment, with the intention of broadening student access to sustainable degree-granting programs in high-demand fields.

The public comment period will begin when the proposed regulation is published in the Massachusetts Register on November 21, 2025, and will close three weeks thereafter, on December 12, 2025.

The public hearing will be held virtually on Friday, December 12, 2025, at 12:00 noon via Zoom:

When: December 12, 2025 -- 12:00 PM Eastern Time (US and Canada) 

Participants must register in advance for this meeting: https://us02web.zoom.us/meeting/register/-iG_IHKxRF-_wQRYqNQbPQ

After registering, you will receive a confirmation email containing information about joining the meeting. 

Written comments on the proposed amendments may be submitted at any time prior to 5:00pm EST on December 12, 2025, by directing the same to the following:

Email: BHERegulationsComments@dhe.mass.edu 

Postal Mail:
Massachusetts Department of Higher Education
One Ashburton Place, Room 1401
Boston, MA 02108
Attn: Christopher J. Grimaldi, Assistant General Counsel

Please submit electronic comments as an attached Word document and type "610 CMR 16.00" in the subject line. All submissions must include the sender’s full name and address.

A copy of the proposed regulations, as well as the Department of Higher Education’s fiscal effect and small business impact statement, are available on the Department of Higher Education’s website at https://www.mass.edu/bhe/review.asp. Copies may also be obtained by calling Christopher J. Grimaldi at 617-994-6983.

 For special accommodations for submission of public comments or information regarding submission of public comments in an alternative format, please contact Christopher J. Grimaldi.

610 CMR 16.00
Small Business Impact Statement

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

The Board of Higher Education seeks to enact the following new regulations, 610 CMR 16.00: Degree Granting Regulations for Pilot Proposals on Innovation.

The Board of Higher Education (Board or BHE) is the Commonwealth’s state higher education authority with regulatory authority, in varying degrees, over all twenty-nine (29) public and eighty (80) independent institutions of higher education (IHEs) located in the Commonwealth and authorized to grant degrees. Working through Department of Higher Education (Department or DHE) staff, the BHE is responsible for, among other things, the degree-granting program approval process in the Commonwealth to assure prospective students and other interested parties that licensed institutions meet minimal levels of quality while providing an appropriate learning environment for all students. Such determinations are based, in part, on an applicant-IHE’s mission, programs of study, faculty and staff qualifications, leadership and organization, and financial sustainability.  

Following extensive discussions with institutional stakeholders, careful reflection on the Board’s formally adopted “Innovation-centered” strategic priority, and significant changes in our external environment, Department staff have prepared a draft regulation intended to help advance the BHE’s consideration of responsible opportunities for programmatic experimentation. To that end, Department staff have drafted Board regulation 610 CMR 16.00, “Degree Granting Regulations for Pilot Proposals on Innovation,” which provides the Board with flexibility to modify or temporarily waive its own regulations or standards in those instances where existing BHE regulations disfavor experimentation as a rapid response to shifting externalities.  

Specifically, the proposed regulation establishes a framework for the Board to carefully consider, advance, and evaluate “pilot proposals” – from public and independent institutions of higher education subject to Board jurisdiction – that may be inconsistent with one or more specific BHE regulatory or policy requirement(s) related to degree-granting authority (610 CMR 2), but are responsive to significant changes in society, demographics, technology, educational research, and/or expectations regarding post-secondary education. The criteria, requirements, and procedures set forth therein will allow for responsible experimentation and advance innovation within a controlled, monitored environment.  

The Department’s proposed regulation places the onus on applicant-institutions of higher education to demonstrate how their proposals will ultimately advance institutional goals, broaden student access to higher education, and lead to positive student outcomes. DHE’s draft regulations align with the BHE’s broad responsibility for ensuring that students and families alike are well-informed and that their consumer rights are protected, while cultivating the evidence-based evaluations that must necessarily be considered before enacting any broader regulatory changes.

M.G.L. c. 30A provides that before any regulation becomes effective, agencies of the Commonwealth must file with the Secretary of the Commonwealth a statement considering the impact of said regulation on small businesses. Such statement of consideration shall include, but not be limited to, an estimate of the number of small businesses subject to the proposed regulation; projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation; the appropriateness of performance standards versus design standards; an identification of relevant regulations of the promulgating agency, or any other state agency, which may duplicate or conflict with the proposed regulation; and an analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth.

An estimate of the number of small businesses subject to the proposed regulation 

While the proposed regulation will apply to all Massachusetts independent institutions of higher education under BHE’s degree-granting authority, please be advised that public higher education institutions do not fall under the definition of “small businesses” as established by the U.S. Small Business Administration in 13 CFR section 121.201. BHE believes that no more than 10 to 15 of the Commonwealth’s 80 private (independent) higher education institutions fall under the definition of “small businesses” as established by the U.S. Small Business Administration in 13 CFR section 121.201.  

Projected reporting, recordkeeping, and other administrative costs

The Department anticipates administrative costs related to reviewing pilot proposal program applications and annual reports submitted by IHEs that have obtained conditional approval under the regulation. Furthermore, both private and public IHEs seeking approval for a pilot proposal will be required to submit the appropriate fee amount as already established for the program approval process under 610 CMR 2.06(1), and institutions whose proposals are conditionally approved by the Board may incur administrative costs associated with annual reporting requirements over the first five (5) years of operation.

Appropriateness of performance standards versus design standards

Performance standards and design standards are appropriate for this regulation, as it seeks to establish a framework through which pilot proposals from public or independent institutions of higher education may be considered and evaluated despite inconsistency with current BHE regulations, while setting clear procedures, expectations, and review criteria for IHEs submitting such proposals.

Identification of duplicate or conflicting regulations

The Board has not identified any duplicate or conflicting regulations promulgated by any state agency. Moreover, aside from regional accreditor-specific innovation policies such as that of the New England Commission of Higher Education (NECHE), the Department is not aware of any Federal Regulation that establishes a framework for the Board to consider, advance, and evaluate pilot proposals from a public or independent institution of higher education.

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

Considering that higher education is an important economic driver in Massachusetts, the Board believes that the Commonwealth’s economy stands to benefit from innovation proposals that are responsive to market demands and ultimately may spur enrollment increases and/or programs offered at a lower cost and time to degree. The state economy would also greatly benefit from an influx of postgrads in high-demand fields who ultimately choose to work and settle in the Commonwealth following their attendance at a Massachusetts-based institution of higher education. Ultimately, the proposed regulation would allow Massachusetts to stay competitive with peer states that are similarly finding ways to advance innovation within the context of higher educational programmatic offerings.

Division of Marine Fisheries
322 CMR 6.00 & 7.00

Notice of Public Hearing and Comment Period Emergency Regulations to Limit Entry into Commercial Striped Bass Fishery, Establish Striped Bass Permit Endorsement as Owner-Operator and Non-Transferable, and Update the Control Date

Under the provisions of G.L. c. 30A, and pursuant to the authority found at G.L. c. 130 §§ 2, 80, and 104, the Division of Marine Fisheries (DMF) is taking public comment on a series of emergency regulations to amend 322 CMR 6.07, 7.01, and 7.04 relevant to the permitting of the commercial striped bass fishery beginning in 2026. 

1. Establish Striped Bass Regulated Fishery Permit Endorsement as Limited Access (322 CMR 7.01). Beginning in 2026, limit the issuance of commercial striped bass regulated fishery permit endorsements to only those people who held the endorsement in 2024 or 2025.
2. Owner Operator (322 CMR 6.07 and 7.01). Require the named permit holder be present when commercial striped bass fishing is occurring under the authority of their commercial striped bass regulated fishery permit endorsement.
3. Moratorium on Transferability (322 CMR 7.01). The commercial striped bass regulated fishery permit endorsement will be established as non-transferable.
4. Control Date (322 CMR 7.04). Update the control date for regulated striped bass fishery permit endorsements from June 14, 2022 to December 31, 2025 so as to have a more current control date should future action be taken to further restrict access.

Public Hearing and Comment Schedule

DMF will accept written public comment through 5PM on Friday, December 12, 2025. Please submit written comments to Director Daniel McKiernan by e-mail (marine.fish@mass.gov). Additionally, DMF will host a virtual public hearing on Tuesday, December 2, 2025 at 6PM via Zoom. You can register to attend this public hearing via this Zoom registration link.

CMR No: 322 CMR 6.00 and 7.00
Small Business Impact Statement

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

  DMF estimates that approximately 5,000 small business obtain a striped bass permit annually. That subset of entities that did not obtain the permit in 2024 or 2025 will not be eligible to renew their permit in 2026.

• 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. Limiting access to this permit is a necessary first step to managing this fishery given the current status of the stock. Performance criteria may be considered as part of future rule making to amend how the fishery is managed.

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

  No. There are no other duplicative or conflicting state regulations.

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

  No. All audits and inspections are done in accordance with M.G.L. c. 130. No additional inspections are required under this amendment.

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

  No. This rule affects permit issuance and will not require educational services to comply.
  

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

  Yes. This regulation will restrict access to the fishery moving forward by making it limited entry and non-transferable. However, DMF intends to develop future rules (early 2026) to establish a program for 2027 to accommodate attrition and entrance.

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

  No. This regulation will restrict access to the fishery moving forward by making it limited entry and non-transferable. However, DMF intends to develop future rules (early 2026) to establish a program for 2027 to accommodate attrition and entrance.

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

  Yes. This rule affects permit issuance and does not address reporting requirements.

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

  No.  This rule affects permit issuance and does not address reporting requirements.

• Can the compliance or reporting requirements be consolidated or simplified for small businesses?

  This rule affects permit issuance and does not address reporting requirements.

• Can performance standards for small businesses replace design or operational standards?

  No. Limiting access to this permit is a necessary first step to managing this fishery given the current status of the stock. Performance criteria may be considered as part of future rule making to amend how the fishery is managed.

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

  No. Limiting access to this permit is a necessary first step to managing this fishery given the current status of the stock. Performance criteria may be considered as part of future rule making to amend how the fishery is managed

Division of Medical Assistance
130 CMR 449.000

Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) will hold a remote public hearing on Monday, December 1, 2025, at 11 a.m. relative to the emergency adoption of amendments to the following regulation.

130 CMR 449.000: Correctional Facility Services

The regulation went into effect as an emergency on Friday, November 7, 2025. There is no fiscal impact on cities and towns.

The proposed emergency regulation, 130 CMR 449.000, is a standalone provider regulation that establishes a new correctional facility provider type. Regulation 130 CMR 449.000 sets forth the requirements, conditions, and limitations for MassHealth-covered correctional facility services. At this time, the covered services will include only the pre-release services required by federal law to be provided in the 30 days prior to release to post-adjudication eligible juveniles by Section 5121 of the Consolidated Appropriations Act 2023, namely targeted case management (TCM) and screenings and diagnostics. The associated rates for covered services are listed in the appropriate existing rate regulations.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/masshealth-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony 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 written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on 12/1/2025. 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/info-details/masshealth-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 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. 

The Division 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/info-details/masshealth-public-hearings.

November 7, 2025

CMR No: 130 CMR 449.000: Correctional Facility Services
Small Business Impact Statement

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

  EOHHS notes that, currently, there are no providers enrolled in MassHealth as providers of Correctional Facility, as 130 CMR 449.000: Correctional Facility Services is a proposed regulation. When promulgated, this regulation will establish the MassHealth Correctional Facility services program. EOHHS estimates that there are at least 28 correctional facilities in the Commonwealth who may be eligible to enroll in MassHealth as providers of certain MassHealth services if 130 CMR 449.000 is promulgated.

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

  No. The proposed regulation does not require small businesses to create, file, or issue additional reports.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Providers seeking to participate in the MassHealth Correctional Facility program created through this regulation must comply with the recordkeeping requirements set forth in this regulation, as well as those that apply to all MassHealth providers.

• Will small businesses have to provide additional administrative oversight?

  No. The proposed regulation does not require small businesses to provide additional administrative oversight.

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

  No. Compliance with the proposed regulation does not require hiring additional employees.

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

  No. Compliance with the proposed regulation does not require hiring other professionals.

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

  No. The proposed regulation does not require purchases or capital investments.

• 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. Performance standards are not more appropriate than design or operational standards.

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

  No. 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. Providers seeking to participate in the MassHealth Correctional Facility program created through this proposed regulation must cooperate with the audit, inspection, and other regulatory enforcement activities set forth in this regulation, as well as those that apply to all MassHealth providers.

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

  No. The proposed regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements.
  

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

  No. The proposed regulation 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. The proposed regulation is unlikely to deter or encourage the formation of small businesses.

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

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

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

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

• Can performance standards for small businesses replace design or operational standards?

  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. The proposed regulation is required by federal statute and its goals could not be achieved through alternative methods.

Division of Medical Assistance
130 CMR 450.000

Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the “Division”) will hold a remote public hearing on Monday, December 1, 2025, at 1:00 p.m., on the adoption of amendments to the following regulation.

130 CMR 450.000: Administrative and Billing Regulations

130 CMR 450.000 sets forth the administrative and billing regulations that apply to MassHealth providers and MassHealth-covered services.

The proposed amendments update 130 CMR 450.000 to do the following. (1) Comply with federal regulations on prior authorization. (2) Update conditions of payment to require a provider listed on a claim to be enrolled in MassHealth only if state or federal laws/rules require such enrollment. (3) Clarify that providers participating in managed care are required to adhere to performance specifications and other requirements established in managed care entity provider contracts. (4) Update hearing provisions to allow for discretionary vacating of a procedural dismissal of an administrative appeal at the Board of Hearings. (5) Update referral exemption requirements for primary care clinician (PCC) and primary care accountable care organization (PCACO) plans and update the provider eligibility criteria for the PCC and PCACO plans. (6) Update the pay-for-performance language on notice and dispute procedures to apply the section more broadly to existing performance incentive payment programs. (7) Clarify the early and Periodic Screening, Diagnostic, and Treatment (EPSDT) and Preventive Pediatric Health Care Screening and Diagnosis (PPHSD) Programs. (8) Allow MassHealth to require providers to obtain a separate national provider identifier per service location and issue separate provider ID/service location numbers for separate service locations. (9) Make other clarifying and administrative updates.

The proposed effective date of the proposed amendments is April 10, 2026. The proposed amendments are not expected to increase annual aggregate MassHealth expenditures. There is no fiscal impact on cities and towns. 

To register to testify at the hearing and get instructions on how to join the hearing online, go to mass.gov/info-details/masshealth-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony 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 written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who cannot submit testimony by email should mail it to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. December 1, 2025. The Division specifically invites comments on how the amendments may affect beneficiary access to care.

To review the regulation, go to mass.gov/info-details/masshealth-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.

Special accommodation requests may be emailed to the Disability Accommodations Ombudsman 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. 

The Division may adopt a final, revised version of the 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/info-details/masshealth-public-hearings.

November 7, 2025

CMR No: 130 CMR 450.000
Small Business Impact Statement

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

  Currently, there are approximately 20k MassHealth providers.

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

  No. The proposed amendments do not require small businesses to create, file, or issue additional reports.

• Will small businesses have to implement additional recordkeeping procedures?

  No. The proposed amendments will not implement additional recordkeeping procedures for small businesses.

• Will small businesses have to provide additional administrative oversight?

  No. The proposed amendments do not require small businesses to provide additional administrative oversight.

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

  No. Compliance with the proposed amendments does not require hiring additional employees.

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

  No. Compliance with the regulation does not require hiring other professionals.

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

  No. The regulation does not require purchases or capital investments.

• 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. Performance standards are not more appropriate than design or operational standards.

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

  No. 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. This regulation requires small businesses that are MassHealth-enrolled providers to cooperate with audits, inspections, and other regulatory enforcement activities.

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

  No. The regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements.
  

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

  No. The regulation sets forth the administrative and billing regulations that apply to MassHealth providers and services. It 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. The regulation sets forth the administrative and billing regulations that apply to MassHealth providers and services. It is unlikely to deter or encourage the formation of small businesses.

• 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.

• 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?

  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. The regulation is required by statutes, and its goals could not be achieved through alternative methods.

Teachers' Retirement Board
807 CMR 25.00

NOTICE OF PUBLIC HEARING

Pursuant to its authority under M.G.L. c. 15, § 16 and in accordance with the Administrative Procedures Act, M.G.L. c. 30A, § 2, the Massachusetts Teachers’ Retirement System (“MTRS”) is holding a public hearing to solicit comment on an amendment to regulation 807 CMR 25.00: Interest on Delayed Corrections.

The purpose of 807 CMR 25.00 is to clarify the phrase “errors affecting the computation of a benefit” as it is used in M.G.L. c. 32, § 20(5)(c)(2). Given M.G.L. c. 32, § 20(5)(c)(2) contemplates a nondiscretionary and an immediate payment must be made to correct the error, a member’s failure to make such payment or delay of such payment affects the calculation of the benefit to which they are correctly entitled and impairs the prudent administration of the retirement system.

The public hearing will occur on Monday, December 15, 2025 at the offices of the MTRS, 500 Rutherford Avenue, Suite 210, Charlestown, MA 02129 at 10:00 a.m.
A copy of the regulation is available by calling James O’Leary, General Counsel, at 617-679-6838, or by e-mailing him at James.oleary@trb.state.ma.us. Written comments may also be submitted by December 15, 2025 before 10:00 A.M. to Mr. O’Leary at the MTRS’s address above.

CMR No: 807 CMR 25.00
Small Business Impact Statement

This statement accompanies the Notice of Hearing of the Massachusetts Teachers’ Retirement System (“MTRS”), concerning proposed regulation, 807 CMR 25.00 – Interest on Delayed Corrections.

The purpose of this regulation is to clarify the phrase “errors affecting the computation of a benefit” as it is used in M.G.L. c. 32, § 20(5)(c)(2). Given M.G.L. c. 32, § 20(5)(c)(2) contemplates a nondiscretionary and an immediate payment must be made to correct the error, a member’s failure to make such payment or delay of such payment affects the calculation of the benefit to which they are correctly entitled and impairs the prudent administration of the retirement system. As a result, this regulation also establishes a process for assessing interest when a member fails to make timely payment on an invoiced correction.

MTRS reports the following with respect to this regulation:

1. Because the regulation deals exclusively with statutorily required but missed contributions by a member to the retirement system, no small businesses will be affected;
2. For the same reasons, neither members nor any other party (including small businesses) should experience any costs for compliance;
3. There is no relevance to this regulation regarding appropriateness of performance standards versus design standards
4. There are no conflicting or duplicative regulations of the MTRS, or any other state agency (PERAC has provided its approval);
5. Because the regulation deals exclusively with statutorily required but missed contributions by a member to the retirement system, there should be no impact on new business in the state.

Submitted by, James O’Leary, General Counsel, on behalf of the MTRS this 3rd Day of November 2025.

Office of the State Treasurer & Receiver General
960 CMR 6.00

NOTICE OF PUBLIC COMMENT PERIOD

Notice is hereby given that in accordance with M.G.L. c. 30A, §3, the Commonwealth of Massachusetts Office of the Treasurer and Receiver General will hold a public comment period to gather any comments in connection with the proposed regulatory amendment at 960 CMR 6.00: Massachusetts Defined Contribution CORE Plan under 960 CMR 6.03: Administration of the Plan and 960 CMR 6.04(1)(d): Eligibility for Not-for-Profit Employers to be Participating Employers. The proposed amendment updates eligibility requirements for organizations participating in the CORE Plan and complies with recent legislative changes to the program, and is authorized St. 2012 c. 165, § 112. (M.G.L. c. 29, § 64E(f), as amended).

A copy of the proposed Amendment referenced above may be viewed by visiting https://www.mass.gov/core-plan-for-nonprofits under “Additional Resources.” Any person who would like to offer comments may submit written comments. Those who wish to receive a written copy of the proposed Regulations, or to submit written comments, may do so by sending an email to Cassandra.m.chung@tre.state.ma.us, or by mail to Cassandra Chung, Commonwealth of Massachusetts, Office of the State Treasurer, 1 Ashburton Place, 12th Floor, Boston, MA 02108.

Written comments must be received by 5:00 p.m. on December 12, 2025. 

CMR No:
960 CMR 6.00: Massachusetts Defined Contribution CORE Plan;
960 CMR 6.03: Administration of the Plan and
960 CMR 6.04(1)(d): Eligibility for Not-for-Profit Employers to be Participating Employers

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.)

  Yes. Performance standards are more appropriate than design/operational standards to accomplish the regulatory objective.

• 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. The proposed amendments update rates for providers. The regulation is unlikely to deter or encourage the formation of small businesses.

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

  Yes. By expanded access to benefits for employees of nonprofits, the proposed Regulations may encourage the formation of small businesses in Massachusetts.

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

  No.

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

  No.  

• Can the compliance or reporting requirements be consolidated or simplified for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards?

  No.

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

  No.

Massachusetts Office for Victim Assistance
124 CMR 2.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A that the Massachusetts Office for Victim Assistance will hold a remote public hearing on Monday, December 8, 2025 at 10:00 A.M. concerning the following regulatory action:

Establish 124 CMR 2.00 Compensation for Victims of Violent Crimes

The Massachusetts Office for Victim Assistance (MOVA), on behalf of the Victim and Witness Assistance Board (VWAB), promulgates 124 CMR 2.00 related to financial compensation for victims of violent crime pursuant to its authority under M.G.L. c. 258B, § 4 and M.G.L. c. 25BC, § 4. Administrative authority of M.G.L Chapter 25BC transferred to MOVA pursuant to Chapter 9 of the Acts of 2025, therefore 124 CMR 2.00 shall replace preexisting 940 CMR 14.00.

If you plan to testify at the hearing, MOVA strongly encourages you to register in advance here. Individuals may also submit written testimony by email to mova@mass.gov with the subject line “124 CMR 2.0 – Compensation for Victims of Violent Crimes”. All submissions must include the sender’s full name, email address, and organization or affiliation (if applicable). Individuals who are unable to submit testimony by email should mail written testimony to: 

Massachusetts Office for Victim Assistance
1 Ashburton Place, Suite 1310
Boston, MA 02108 

Written testimony must be submitted by 5:00 P.M. on Monday, December 8, 2025.  

A copy of the proposed regulations may be obtained at MOVA’s web site located at: https://www.mass.gov/doc/massachusetts-compensation-for-victims-of-violent-crime-emergency-regulations/download or by contacting MOVA directly at the above address or by phone: 617-586-1340. 

To join the remote hearing online, go to:
https://us02web.zoom.us/j/87552685304?pwd=JIosU8ahztvGCqwAKxvOMaen7rZP bl.1 or www.zoom.com, select meet and then select join a meeting and enter Meeting ID: 875 5268 5304 and Passcode H0uVrN.  

To join the remote hearing by phone, call:
+16465588656, and enter Meeting ID: 875 5268 5304 and Password: H0uVrN when prompted. 

MOVA may adopt a revised version of the proposed action considering relevant comments received and any other practical alternatives that come to its attention.

For accommodation or language assistance requests, please contact: mova@mass.gov. Requests should be made as soon as possible, ideally at least five business days before the public hearing.  

CMR No: 124 CMR 2.00
Small Business Impact Statement

Pursuant to M.G.L. c. 30A §§ 2, 3 & 5, the Massachusetts Office for Victim Assistance (MOVA) hereby presents its Small Business Impact Statement pertaining to its proposed 124 CMR 2.0. 

M.G.L. c. 30A §2 requires that a small business impact statement be filed with the notice of comment period and be attached therewith. The small business impact statement shall include: 

• • An estimate of the number of small businesses subject to comment and regulations; 
•  Projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulations; 
•  The appropriateness of performance standards versus design standards; 
•  An identification of regulations of the promulgating agency, or of another agency or department, which may duplicate or conflict with the proposed regulations; and, 
•  An analysis of whether the proposed regulations are likely to deter or encourage the formation of new businesses within the Commonwealth.

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

  MOVA does not anticipate these regulations 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 these regulations.

• State the appropriateness of performance standards versus design standards:

  These regulations do not implicate a design or performance standard that would affect small businesses.

• 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 124 CMR as these regulations replace preexisting 940 CMR 14.0.

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

  The proposed regulation is unlikely to deter or encourage the formation of new business in the commonwealth