The Regulations Manual

Introduction

This manual helps agency employees draft, propose, and file regulations. It's current as of October 2023, and published by the Publications and Regulations Division of the Secretary of the Commonwealth’s (“Secretary”) office.

If you’re an agency employee, this manual should help clarify the regulatory process.

• Part I describes the promulgation process. It covers drafting, adoption, and final publication in the state Register.
• Part II covers regulation preparation. This includes CMR formatting and standard drafting conventions.
• Part III covers the process for permanent and emergency regulations.
• Part IV contains background information on the regulatory process, including:
  • M.G.L. c. 30A, the Administrative Procedure Act
  • 950 CMR 20.00: Preparing and Filing Regulations
  • Executive Order #145
  • An alphabetic and numeric list of state agencies
  • Sample filings
  • Compliance and correction forms
  • 2023-2024 schedules for Register publication

Code of Massachusetts Regulations and Massachusetts Register

Regulations are kept within the Massachusetts Register and the Code of Massachusetts Regulations (CMR). Both were established under M.G.L. Chapter 30A, the State Administrative Procedure Act. Chapter 30A also outlines the processes that employees must follow when adopting, repealing, or amending regulations.

The Secretary's regulation, 950 CMR 20.00, covers format and filing requirements and publication deadlines.

CMR

The CMR is the entire body of administrative law for Massachusetts. It is published by the Secretary of the Commonwealth. With few exceptions, the CMR is organized by agency.

Every agency has a unique three digit CMR number, called the "title" number. See Organization of the Code for alphabetic and numeric lists of agencies.

Register

The Register is the initial, official state publication of regulations. It’s published biweekly.

Also published in the Register are:

• Notices of Public Review of Proposed Regulations
• Executive Orders of the Governor
• Opinions of the Attorney General
• State Register of Historic Places
• A list of Acts and Resolves enacted during the current legislation session
• Other items of sufficient public interest

Each Register also contains a Cumulative Table, listing all regulations adopted by agencies during the calendar year. Any permanent CMR pages from the Register are inserted into the CMR volumes. Filing forms are kept to verify accurate CMR retention.

Judicial Notice

Massachusetts courts accept the CMR and Register as evidence. They treat them as copies of the original documents filed with the Secretary of the Commonwealth.

Part 1: The Regulation Process

Notice of Public Hearing of Public Comment

Before adopting a regulation, agencies must either hold a public hearing or have a public comment period. Some agencies are required by their own regulations to hold both.

A public hearing is required if:

• Violation of the regulations is punishable by fine or imprisonment; or
• A statute requires the hearing; or
• There’s a constitutional right to a hearing

You’ll need to provide written notice at least 21 days before a public hearing, or before the end of the public comment period.

The notice must be:

• Advertised in at least one daily newspaper of general circulation
• Sent to anyone who requested notification
• Advertised in the Register

Register notices must be published at least one week before the hearing, or before the end of the comment period. Carefully review theRegister publication schedule when submitting the notice.

You can also publish the notice in trade journals or professional publications, though this isn’t a regulatory requirement.

When creating a hearing or public comment notice, include the following:

• Relevant statute for the agency’s action
• Text of the proposed amendment or regulation (or a summary)
• Time, date, and place of the hearing
• Format and date/time deadline for comment submission (if creating a public comment period)
• Location of copies of the proposed regulation

Small Business Impact Statement

If you’re holding a public hearing or comment period, you’ll also need to file a small business impact statement with the Secretary’s office. This needs to be filed on the same day as the hearing or comment period notice.

When proposing a regulation, include the following information on the small business statement:

1.  An estimate of the number of small businesses affected
2.  Projected costs required for compliance
3.  The appropriateness of performance standards versus design standards
4.  Any conflicting or duplicative regulations of the promulgating agency, or any other state agency
5.  An analysis on potential impact for new businesses in the state

Executive Order #145: Consultation on Administrative Mandates

All proposed regulation notices must be sent to the Local Government Advisory Committee (LGAC) 14 days before giving notice of a public hearing or comment period. Provide a brief statement describing the proposed action, and indicate any potential impact on local government (including preliminary cost estimates when possible). If a regulation or amendment will effect local governments, send a draft of the regulation to expedite review.

Send notices via email or regular mail to both recipients below:
Executive Office of Housing and Livable Communities
100 Cambridge Street, Suite 300
Boston, MA 02114
EOHLCExec145Notice@mass.gov

Dave Koffman
Massachusetts Municipal Association
3 Center Plaza, Suite 610
Boston, MA 02108
617-426-7272
dkoffman@mma.org

Proposed Regulation Availability

We don’t publish proposed regulations in the Register, so you’ll need to have copies available for the public.

Rules for Hearing Conduct

Massachusetts doesn’t enforce statutory requirements for hearing conduct or public comment procedures. However, some agencies have unique rule making procedures. Others may fall under federal or other procedural requirements.

If there aren’t any unique requirements, you can conduct the hearing at your discretion. Make sure to retain an audio or written record of the review process.

Emergency Regulations

M.G.L. c. 30A, §§ 2 and 3

NOTE: Emergency regulation adoptions are meant for real emergencies. They aren’t meant to avoid public hearings or comment periods for non-emergency situations. They also don’t guarantee regulation re-adoption after an emergency.

You can adopt a regulation without having a public hearing or comment period, under certain emergency conditions:

• When immediate adoption, amendment, or repeal is necessary for public health, safety, or general welfare
• When following standard notice periods would be against the public interest

Emergency regulations take effect:

• When the printed version of the Regulation Filing Form, signed by an authorized person, is filed with the Secretary, or
• At a later date, if required by law or specified by the agency

Length of Emergency Regulations

We publish emergency regulations in the Register, and they remain in effect for three months from the filing date. If you wish to make an emergency regulation permanent, you’ll need to follow the standard regulation process. You must either:

• Give notice, hold a public hearing, and file notice of compliance with Secretary, or
• Give notice, allow interested persons to present data, views, or arguments, and file notice of compliance with Secretary

• Include both electronic and printed versions with the form.
• Submit the electronic version through the Secretary’s online submission system.
• Deliver the printed version, signed by an authorized person, on or before the filing deadline to:

  Office of the Secretary of the Commonwealth
  State Publications & Regulations Division
  State House, Room 117
  Boston, MA 02133

Emergency Regulation Changes or Updates

If an emergency regulation doesn’t change after the public hearing or comment period, you can file a Notice of Compliance with Secretary. File this notice in both electronic and printed forms. We’ll publish the notice in the Register with the permanent CMR pages. The regulation will retain its original effective date.

If an emergency regulation changes after the public hearing or comment period, you’ll need to file a standard Regulation Filing Form with the Secretary. Mark any changes in red on the emergency regulation pages, and include these pages with the filing. Don’t file any new electronic copies unless there are substantial changes to the emergency regulation. We’ll publish the regulation in the Register, and it will become effective on the publish date. Make sure to check the Register publication schedule to avoid any enforcement gaps.

Expiration

Emergency regulations expire after three months, unless they’re replaced or extended through the standard regulation process. The Secretary will publish a Notice of Expiration to remove the regulation.

Incorporation by Reference

M.G.L. c. 30A, § 6

You may choose to adopt an externally-developed standard. These usually come from a professional, technical, or industrial association, or another federal/state agency.

Adopted standards are "incorporated by reference.” While state law doesn’t require these standards to be published in the Register, adoption must still follow the formal public review process and adhere to the following rules:

• The incorporated document must be recognized as a national standard in terms of reliability, circularity, and availability
• The incorporated document must be identified by title, edition, publisher (including address), and publishing date
• A copy must be filed with the Secretary's Regulations Division when the regulation is filed.

Restrictions

• You can’t incorporate by reference a document that incorporates another document. Each referenced document must be separately adopted and issued.
• You also can’t incorporate future editions of the document. We can’t accept phrases like "as from time to time amended" in the provision.
• You can’t use cross references to federal/state laws or regulations as incorporation by reference.
• You can’t add lists of "Reference Standards" to a regulation as incorporation by reference. These standards are only meant to amplify and interpret the regulation.

Documents that aren’t published in the Register don’t have the "rebuttable presumption" of validity that the Register conveys for regulations. We typically publish the following information in the Register:

• The completed Regulation Filing Form, stating the agency's adoption
• A designation of the document as a chapter, or part of a chapter within the agency's CMR title
• Any additional provisions or exceptions unique to its application in Massachusetts
• For accessibility reasons, we may also publish an "incorporated by reference" document in the Register.

Charts, Drawings, Maps, and other Graphics

State law defines graphics as any non-text material. Examples include drawings, maps, charts, and the state seal.

Graphics can help with regulation efficiency and enforcement. It’s important to use electronic methods that can read or retain graphic fidelity. Any copy used in a graphic should be clean and clear, so it can be easily read within the regulation.

Forms, Appendices, Guidelines, and Prefaces

These elements aren’t regulations, and they shouldn’t be part of a regulation.

Instead, include short descriptive titles (or acronyms and numbers), note each element by title and number in the appropriate regulation, and indicate where they are available. Some agencies have developed a system of Information Bulletins or Manuals for distributing forms, appendices, and guidelines.

Bulletins, Administrative Notices, Manual, and other Documents

These documents aren’t regulations, since they’re usually specific and don’t meet the "general application" standard. If the bulletin or manual has a sufficiently broad audience, we may publish it in the State Bookstore.

Preparing a Draft Copy of a Proposed Regulation

950 CMR 20.04(1)

Submit a draft copy of a proposed regulation at least 21 days before its adoption date.

• Submit both electronic and paper copies to the Secretary
• Include the proposed changes to the CMR
• Include any notices for public hearings or comment periods
• Mark small changes to the regulation on the paper copy, but don’t include them in the electronic copy
• Mark substantial changes on the paper copy, and include them in the electronic copy

You don’t need to file an entire chapter of regulations, unless it is new, re-written, or substantially changed.

We accept electronic submissions on physical discs or via email. Send email submissions to regs@sec.state.ma.us.

We’ll prepare proposed regulations as "draft" CMR 8 ½" x 14" galley pages. We’ll send you any final changes from the public hearing or comment period. You should proofread draft pages for typographical or mechanical errors, mark any changes on the regulation galley pages, and include these pages when filing.

Filing Formats

You can file regulation documents in Microsoft Word (.DOC or .DOCX) format or in WordPerfect (.WPD) format.

Step-by-Step Regulation Process

Permanent Regulations

Emergency Regulations

Part 2: Drafting Regulations

Regulations should be easy to understand and enforce. Carefully analyze the elements of your regulation and construct them in a logical order. Take time to understand the enabling statute and any persons or groups affected by the regulation.

Start by creating a concise outline. Organize your text to promote reader understanding and easy reference. While no blueprint fits all regulations, you can use the following template to get started.

Organizing by CMR Structure

950 CMR 20.06

All regulations, unless exempted under 950 CMR 20.06, are organized with CMR structure: title, chapter, section, subsection, division, and subdivision.

Titles

Titles are the basic structures of the CMR. Each regulatory agency is a title, and all regulations promulgated by the agency are published under this title.

A title is a three digit number identifying the agency. The Secretary assigns CMR numbers to each agency. Visit Mass.gov for a full list of CMR numbers by agency.

Chapters

Titles are arranged in chapters, designated by a whole number, a decimal point, and two zeros.
For example: the Department of Environmental Protection regulations has a chapter entitled WETLANDS PROTECTION, cited as 310 CMR 10.00.

• The chapter name is always published in upper-case letters.
• Every chapter begins with a list of the sections to serve as a guide. This list may include sections that are titled but not yet adopted, but it can’t include untitled sections.
• If an agency has its own Adjudicatory Proceedings regulations, those regulations appear as Chapter 1.00. Otherwise, the chapter is reserved.
• The Secretary assigns the chapter number for agencies. Once a chapter number has a name, it can’t be used with another name. You also can’t use a previously assigned name with another chapter number.

Section

Sections are the primary elements of a chapter. They’re designated as whole numbers after the chapter number and decimal point.

• Every section should have a brief, descriptive title.
• If it can’t be described simply, consider splitting the section into several sections.
• For long or complex regulations, consider using three numbers after the decimal point. Sections numbered .001 through .999 can hold a broader range than the customary two-numeral CMR structure.
• You can’t reserve untitled sections.

Subsection

Subsections are secondary elements within a chapter. They’re designated as numbers enclosed in parentheses.

• Subsections may be titled, or they may be a series of designated paragraphs.
• Include at least two titles or designated paragraphs when using subsections.

Division

Division names appear lettered in parentheses.

• There are no prescribed styles for division headings.
• Include at least two divisions when using this level of organization.

Subdivision

Subdivisions are numbered within a division.

• In most regulations, Division and Subdivision levels are used for lists.
• As with divisions, include at least two subdivisions.

Reserved

“Reserved” appears throughout the CMR. This term refers to certain cites in the Code that previously existed, but were later repealed.

• In some cases, the term refers to a specific (titled) cite for future use.
• Only chapters and titled items can be reserved. You can’t reserve untitled Sections, Subsections, Divisions, or Subdivisions.

Writing in Clear, Simple English

Using clear, plain English will help readers better understand your regulation. Follow these guidelines when writing your regulation

• Use simple, everyday words. Don’t use compound words or confusing technical terms.
• If you need to use technical terms, define them in a separate section at the beginning of the chapter.
• Avoid Latin terms.
• Avoid lengthy sentences and paragraphs. Try to keep sentences under 25 words, and paragraphs under 75 words.
• If your regulation has complex requirements before a provision applies, mention the provision first and then list the conditions.
  • Include related provisions or conditions from the same category.
  • Maintain consistent construction, substance, and language within a list.
• Don’t use "and/or" anywhere. Avoid ambiguity.
• Define terms in a separate section, in alphabetical order. Don’t number definitions, and don’t define terms not included in the regulation.
• Avoid pairs of words with the same meaning, like "null and void" or "means and includes."
• Use singular nouns.
• Use the words "shall," "may," and "may not" in the correct context:
  • Use "shall" to compel action
  • Use “may" to confer a discretionary right or privilege
  • Use "may not" when a right, privilege, or power is abused or restrained
• Use simple action verbs. Don’t split verbs.
• Use "any", "each" and "every" sparingly. Follow these conventions:
  • Use “any” to confer a right, privilege, or power
  • Use “each” to impose an obligation
  • Use “no person may” to limit a right, privilege, or power, or to impose an abstention from action
• Express exceptions or limitations with positive terms.
• Write out numbers nine and under. Use numerals for numbers over 10. Don’t repeat numbers parenthetically.
• Express age as "X years of age or older" or "younger than X years old.”
• Express time accurately. Don’t use generic relational words, such as "currently" or "now."
• Do not abbreviate dates. Always spell out the month.
• Use present tense.
• Refer to Massachusetts as “Massachusetts” or the "Commonwealth of Massachusetts."
• Use specific citations when referring to the CMR, the Massachusetts General Laws, or federal regulations or laws.

  • Don’t use vague references to "these regulations," "this section," or "the regulations of another department."
    For example: "Activities within the buffer zone contained in these regulations" must be written as "310 CMR 10.02(2)(b): Activities Within the Buffer Zone.”

• Specify applicable laws or regulations. Don’t use generic statements like “all other applicable laws or regulations.”

• Refer to Massachusetts General Laws by the chapter number.
  For example: "the Administrative Procedure Act" should be designated as M.G.L. c. 30A.

• Don’t reference laws adopted during a legislative session (session laws), unless they are special acts that don’t amend Massachusetts General Laws. Instead, refer directly to Massachusetts General Laws.

  • References to session laws, when used, follow a "St., year, chapter number” format.
    For example: “St. 1995, c. 5” instead of “Welfare Reform Act of the Acts of 1995.”

• Don’t use “provisos” (provided that…). They usually require negative verbs and cloud the meaning.
• Don’t use statements like “as amended from time to time.” It’s not possible to regulate prospectively.

Part 3: Filing Regulations

State law doesn’t offer a specific timeframe for filing regulations after a hearing or comment period. Some agencies allow more time for written comments. Other agencies seek further approvals after the hearing and before publication. Generally, you can file a regulation for publication immediately after the hearing or comment period.

• Indicate any changes from the hearing or comment period in red on the CMR draft copy, before returning to the Secretary’s office.
• We use this draft copy with marked edits to publish the regulations in the Register.
• Return the draft copy, even if there are no changes to the regulations after public hearing or comment.
• If you have extensive changes after the hearing or comment period, you may need to submit a new final version in electronic and paper forms.
  • Regulations with extensive changes could be delayed in publication, because we require prepared galley pages.

Filing and Publication Form

When you’ve completed your CMR draft copy, attach a completed Regulation Filing Form and file it with the Secretary’s office. Submit electronic and paper versions of the filing form.

Electronic Version

Submit the electronic version on our website at www.sec.state.ma.us/divisions/pubs-regs/filing-regulations.htm.

Printed Version

Deliver the printed version, signed by an authorized person, on or before the filing deadline to:

Office of the Secretary of the Commonwealth
State Publications & Regulations Division
State House, Room 117
Boston, MA 02133

Make sure to use the forms provided by our office. Don’t create your own forms—we can’t accept them. We publish Regulation Filing Forms alongside regulations in the Register. This helps ensure compliance with M.G.L. c. 30A.

Include a brief summary with your submission, detailing persons affected by the regulation and the general requirements and purpose of the amendments. It’s not enough to state that the regulation "updates existing provisions" or other similar statements.

Fiscal Effect

M.G.L. c. 30A, § 5

When submitting a proposed regulation, state its fiscal effect on both public and private sectors. This isn’t a cost/benefit analysis (typically requested in federal regulations). Rather, it’s your agency’s best judgment of the "out of pocket" expenses incurred in complying. State the fiscal effect for the following terms:

• The first year after implementation
• The second year after implementation
• The first five years after implementation

Amended Small Business Impact Statement

M.G.L. c. 30A, § 5

Note: The following section doesn’t apply if the regulation set rates for the state. Before adopting a proposed regulation, agencies must file an amended small business impact statement with the Secretary’s office. File this statement before signing or submitting any regulation form.

• This requirement relies on the federal standard of small business, published in the Federal Register.
• These standards are broad, defining “small business” by specific industry, trade, or service, and by the number of employees or the dollar amount of annual reports.

The amended statement should consider if any of the following small business alterations would impede the proposed regulation:

1.  Flexible compliance or reporting requirements
2.  Flexible schedules or deadlines for compliance or reporting requirements
3.  Simplification of compliance or reporting requirements
4.  Creation of performance standards for small businesses, to replace design or operational standards
5.  An analysis of the effect on formation of new businesses in the commonwealth
6.  Alternative regulatory methods, to minimize adverse impact
7.  Make sure to provide the amended small business impact statement filing date on the Regulation Filing Form.

Attestation

State law doesn’t provide a specific attestation standard. Some agencies have internal rules that dictate who may attest a regulation. We use a “stand in the shoes” standard for regulation attestation. This means that the attester can officially speak to the regulation’s purpose, statutory authority, and adoption process. Attesting signature appear on original paper copies maintained in the Secretary’s office.

All regulatory filing forms, including Notices of Correction and Notices of Compliance, must be attested by an authorized person from each agency.

Publication, Effective Date, and Future Effective Date

M.G.L. c. 30A, § 6

Publication and effective dates vary depending on the regulation type.

• General regulations take effect when published in the Register, or a later date if required by law or specified by the agency.
• Emergency regulations take effect when filed with the Secretary, or a later date if required by law or specified by the agency.
• The Register issues amendments as replacement CMR pages. This assures that the CMR is always current and compliant with M.G.L. c. 30A, § 6A.

Future Effective Dates

If an agency requests a future effective date, we will first publish the regulation in a separate section of the Register. We’ll republish it in the Register closer to the effective date, so CMR pages will not be removed while the current regulation still applies.

Future effective date regulations aren’t intended for draft copies. They can’t be amended before taking effect. Use future effective dates only when required by law, or in special circumstances.

View the Massachusetts Register publication schedule for more information on publishing timelines.

Supplemental Registers

You can publish lengthy regulations (usually over 100 pages) as Supplemental Registers. Supplemental Registers hold the same legal effect as the Register, and are usually published on the same date.

Corrections

950 CMR 20.01

State law doesn’t provide a process for correction of non-substantial typos or grammatical errors. If these errors occur, you’ll need to submit a Notice of Correction form to request updates. We’ll publish the Notice of Correction as a reissue for the CMR page.

• An authorized agency representative must attest the Notice of Correction form.
• You’ll need to prove that the errors are clerical, and don’t affect the subject of public review.
• Citation updates or “incorporated by reference” revisions are NOT considered corrections.
• Make sure to proof-read the “draft” pages before submitting. Any corrections can be made on the draft copy before publication in the Register.