Mass. Gen. Laws » Part I Title III Chapter 30A
Massachusetts General Laws

Mass. Gen. Laws ch. 30A, § 3 (2026)

Regulations not requiring hearings; small business impact statement; adoptions, amendments or repeals

✓ current as of July 2026
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Section 3. Prior to the adoption, amendment, or repeal of any regulation for which a public hearing is not required under section two, the agency shall give notice and afford interested persons an opportunity to present data, views, or arguments as follows:

The agency shall, within the time specified by law, or, if no time is specified, then at least twenty-one days prior to its proposed action: (a) publish notice of its proposed action in such manner as is specified by any law, or, if no manner is specified, then in such newspapers, and, where appropriate, in such trade, industry or professional publications as the agency may select; (b) notify any person to whom specific notice must be given, such notice to be given by delivering or mailing a copy of the notice to the last known address of the person required to be notified; (c) notify any person or group filing written request for notice of agency rule making proceedings, such request to be renewed annually in December, such notice to be given by delivering or mailing a copy of the notice to the last known address of the person or groups required to be notified; and (d) file a copy of such notice with the state secretary.

The notice shall refer to the statutory authority under which the action is proposed; give the time and place of any public hearing or state the anticipated time of agency action; state the manner in which data, views, or arguments may be submitted to the agency by any interested person; either state the express terms or describe the substance of the proposed action; and include any additional matter required by any law.

A small business impact statement shall be filed with the state secretary on the same day the notice is filed and shall accompany the notice. Notwithstanding section 6, the state secretary shall include the full text of said small business impact statement on the electronic website of the state secretary; provided, however, that the full text of the small business impact statement may also be inspected and copied in the office of the state secretary during business hours.

That small business impact statement shall include, but not be limited to, the following:

(1) an estimate of the number of small businesses subject to the proposed regulation;

(2) projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation;

(3) the appropriateness of performance standards versus design standards;

(4) an identification of regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation; and

(5) an analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the commonwealth;

The agency shall afford interested persons an opportunity to present data, views or arguments in regard to the proposed action orally or in writing. If the agency finds that oral presentation is unnecessary or impracticable, it may require that presentation be made in writing.

If the agency finds that the immediate adoption, amendment or repeal of a regulation is necessary for the preservation of the public health, safety or general welfare, and that observance of the requirements of notice and affording interested persons an opportunity to present data, views, or arguments would be contrary to the public interest, the agency may dispense with such requirements and adopt, amend or repeal the regulation as an emergency regulation. The agency's finding and a brief statement of the reasons for its finding shall be incorporated in the emergency regulation as filed with the state secretary under section five. An emergency regulation shall not remain in effect for longer than three months unless, during that time, the agency gives notice and affords interested persons an opportunity to present data, views, or arguments as required in this section, and files notice of compliance with the state secretary.

This section does not relieve any agency from compliance with any law requiring that its regulations be approved by designated persons or bodies before they may become effective.

Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1970–2025 · leading case: Berrios v. Dep't of Pub. Welfare, 583 N.E.2d 856 (Mass. 1992).
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Berrios v. Dep't of Pub. Welfare, 583 N.E.2d 856 (Mass. 1992). · cites it 6× “The plaintiffs, both homeless persons, on behalf of themselves and others similarly situated, brought an action in the Hampden County Division of the Housing Court Department, challenging the actions of the Department of Public Welfare (department) in adopting and implementing,…”
Robinson v. Sec'y of Admin., 425 N.E.2d 772 (Mass. App. Ct. 1981). · cites it 4× “The same judge had rendered a decision on September 9, 1981, ruling that the earlier regulation was invalid due to the failures of the Secretary of Administration to have complied with the notice and comment provisions of G. L. c. 30A, § 3, and to have filed a fiscal impact…”
Carey v. Comm'r of Corr., 95 N.E.3d 220 (Mass. 2018). “" G. L. c. 30A, § 3. The notice and comment period provides an "opportunity for 'input' and debate by the persons affected, and deliberate resolution of issues.”
Biogen IDEC MA, Inc. v. Treasurer & Receiver Gen., 908 N.E.2d 740 (Mass. 2009). “The deputy treasurer dismissed Biogen’s contention that the emergency amendments to the regulations were not properly issued pursuant to G. L. c. 30A, § 3, and that there was no notice of the permanent amendments.”
Haverty v. Comm'r of Corr., 437 Mass. 737 (Mass. 2002). “See G. L. c. 30A, § 3. It is noteworthy that the commissioner’s affidavit of August 25, 1995, submitted to the single justice in support of the repeal of the DSU regulations, relied on the same grounds asserted here: “a number of large-scale prison disturbances and incidents of…”
Liberty Mut. Ins. v. Comm'r of Ins., 481 N.E.2d 1373 (Mass. 1985). · cites it 2× “9 The individual plaintiffs do not claim in more than a passing fashion that the commissioner’s action is invalid because under G. L. c. 30A, § 3 (§ 2 seems irrelevant), they should have had notice and an opportunity to argue their position to the commissioner before he made his…”
Opinion of the Justices to the House of Representatives, 333 N.E.2d 388 (Mass. 1975). · cites it 2× “G. L. c. 30A, §§ 3, 7. As to individual determinations of eligibility for medical assistance, see G.”
Sch. Comm. of Hatfield v. Bd. of Educ., 363 N.E.2d 237 (Mass. 1977). “Section 8C establishes standards to which every application for such funds must conform and requires that the board issue annually minimum program standards and minimum cost standards for all proposed school projects after complying with G. L. c. 30A, § 3. Whether such *516…”
Cambridge Elec. Light Co. v. Dep't of Pub. Utils., 295 N.E.2d 876 (Mass. 1973). “4 The quoted words were evidently taken from § 3 (1) of the Administrative Procedure Act (G. L. c. 30A, § 3 [1]), dealing like § 2 with adoption of regulations.”
Haverhill Manor, Inc. v. Comm'r of Pub. Welfare, 330 N.E.2d 180 (Mass. 1975). “21) the offset decision is not a regulation subject to hearing and appeal under G. L. c. 30A, §§ 3, 7. Nevertheless, Haverhill Manor does have a statutorily granted right to an adequate hearing regarding the merits of the commissioner’s offset determination.”
Ruggiero v. State Lottery Comm'n, 489 N.E.2d 1022 (Mass. App. Ct. 1986). “Nevertheless, *689 the judge found that the ticket was not defective, that the commission’s emergency regulations were not validly promulgated under G. L. c. 30A, § 3, because they were not supported by an adequate statement of emergency, and that, even if the regulations were…”
New England Milk Dealers Ass'n, Inc. v. Dep't of Food & Agric., 22 Mass. App. Ct. 705 (Mass. App. Ct. 1986). “Compare the general notice requirements of the State Administrative Procedure Act which appear in G. L. c. 30A, § 3. We also take as an indicator of conscious policy the recognition accorded by the Legislature to the Milk Control Law in adopting the State Administrative…”
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