Section 11.03 - Petition for Regulatory Action or an Advisory Opinion(1) Any person or entity may submit to the Commission a petition requesting the adoption, amendment, or repeal of a regulation, or the issuance of an advisory opinion, concerning a matter related to the Commission's authority and responsibilities.(2) A petitioner should: (a) Submit a written petition containing the following:1. The petitioner's name;2. The petitioner's certification number, if the petitioner has been certified as a law enforcement officer by the Commission;3. The name, an address, a telephone number, and an email address of an attorney at law who is representing the petitioner in relation to the matter, if the petitioner is so represented;4. An address, a telephone number, and an email address of the petitioner, if the petitioner is not represented by an attorney at law in relation to the matter;5. The name of each organization on behalf of which the petitioner is submitting the petition, and any title or role that the petitioner has with each such organization, if the petitioner is submitting the petition on behalf an organization;6. A clear indication at the outset of the petition whether the petitioner is requesting regulatory action or the issuance of an advisory opinion;7. A precise description of the action being requested;8. A clear and concise statement of any facts relevant to the petition, which statement may be relied on by the Commission in rendering any opinion;9. Citations to applicable sources of law that could be identified with reasonable effort;10. A listing of any other governmental regulations or advisory opinions concerning the same subject matter that have been issued or requested and could be identified with reasonable effort;11. The signature of the petitioner or any attorney at law representing the petitioner in relation to the matter, which shall constitute a certification that the signer has read the petition and that any facts recited therein are true to the best of the signer's belief; and12. A certificate of service, stating the name and contact information of each person and entity upon which a copy of the petition was served pursuant to 555 CMR 11.04(2)(c);(b) Submit the petition in an electronic format, by electronic means, and using any form or email address designated for such a purpose on the Commission's website; and(c) Serve a copy of the petition upon each person and entity that can fairly be deemed to be in a direct, adverse position to the petitioner with respect to the matter.(3) The Commission further requests that the petitioner include in the petition:(a) The text of any regulation or regulatory amendment desired by the petitioner, if the petitioner is requesting regulatory action;(b) Any arguments against the action requested by the petitioner; and(c) Names of persons and entities that would be impacted by the action requested by the petitioner, and the form and extent of such impact.(4) A petitioner may also include in the petition any supporting data, views, or arguments that the petitioner believes to be pertinent.(5) A petitioner should immediately notify the Commission if, at any point in time, the petitioner or any attorney at law representing the petitioner in relation to the matter becomes aware that any facts recited in a petition are inaccurate or any circumstances referenced in the petition have changed.(6) Officers and law enforcement agencies are obligated to ensure the accuracy of any information that they submit to the Commission in relation to a petition, or in relation to any other regulatory action or issuance of an advisory opinion by the Commission, pursuant to M.G.L. c. 6E, §§ 3(a), 4(f)(4), and 5(c). The failure of an officer or a law enforcement agency to comply with 555 CMR 11.03(6) may constitute grounds for disciplinary action, pursuant to M.G.L. c. 6E, §§ 3(a), 4(f)(4), 5(c), 8, 9, and/or 10.
Adopted by Mass Register Issue 1503, eff. 9/1/2023.