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

Mass. Gen. Laws ch. 30A, § 5 (2026)

Regulations; filing; small business impact statement

✓ current as of July 2026
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Section 5. Two attested copies of the regulations of each agency shall be filed with the state secretary together with a citation of the law by authority of which the same purport to have been issued, and together with the dates of approval by other boards or agencies if required and any other information necessary to show compliance with statutory requirements relative to issuance of such regulations. Upon receipt of agency regulations prepared in accordance with this chapter, the state secretary shall accept them for filing and endorse thereon the time and date of the filing.

No rule or regulation so filed with the state secretary shall become effective until an estimate of its fiscal effect including that on the public and private sector, for its first and second year, and a projection over the first five-year period, or a statement of no fiscal effect has been filed with said state secretary. In addition, no rule or regulation so filed, unless filed for the purposes of setting rates within the commonwealth, shall become effective until an agency has filed with the state secretary a statement considering the impact of said regulation on small business. The requirements to file small business impact statements under this section and sections 2, 3 and 5A shall be enforceable by a civil action for mandamus relief, but the sufficiency of the statement filed shall not be grounds for invalidating or staying the effect of the regulation. Said state secretary shall forthwith notify all agencies required to file rules or regulations pursuant to this section.

Prior to the adoption of a proposed regulation, an agency shall file an amended small business impact statement, which considers, without limitation, whether any of the following methods of reducing the impact of the proposed regulation on small businesses would hinder achievement of the purpose of the proposed regulation:

(1) establishing less stringent compliance or reporting requirements for small businesses;

(2) establishing less stringent schedules or deadlines for compliance or reporting requirements for small businesses;

(3) consolidating or simplifying compliance or reporting requirements for small businesses;

(4) establishing performance standards for small businesses to replace design or operational standards required in the proposed regulation;

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

(6) minimizing adverse impact on small businesses by using alternative regulatory methods.

The state secretary shall make and publish rules and regulations, not otherwise inconsistent with law, with respect to the deadlines to be met and the form to be employed by any agency in preparing and filing regulations, hearing schedules and any other materials which the secretary may require. Compliance with such rules and regulations shall be a condition precedent to the effectiveness of agency regulations.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1964–2025 · leading case: Robinson v. Sec'y of Admin., 425 N.E.2d 772 (Mass. App. Ct. 1981).
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Robinson v. Sec'y of Admin., 425 N.E.2d 772 (Mass. App. Ct. 1981). · cites it 3× “30A, § 3, and to have filed a fiscal impact statement as required by G. L. c. 30A, § 5. The judge ordered entry of a permanent injunction effective Monday, September 14, 1981, against enforcement of the earlier regulation.”
Doe v. Massachusetts Parole Bd., 979 N.E.2d 226 (Mass. App. Ct. 2012). · cites it 2× “Doe maintains that the adoption of the IPSO conditions without formal rulemaking violates G. L. c. 30A, § 5, and that the dismissal of this claim was error.”
York v. Sullivan, 338 N.E.2d 341 (Mass. 1975). “See G. L. c. 30A, § 5; c. 233, § 75. The portion of Regulation XV-B quoted in the text is taken from the judge’s findings and rulings.”
Murphy Nursing Home, Inc. v. Rate Setting Comm'n, 305 N.E.2d 837 (Mass. 1973). · cites it 2× “” The 1969 Regulations, promulgated June 25, 1969, provided explicitly (par.”
Am. Grain Prods. Processing Inst. v. Dep't of Pub. Health, 467 N.E.2d 455 (Mass. 1984). · cites it 2× “The validity of the regulation under G. L. c. 30A, § 5. The plaintiff claims that the regulation is invalid because the fiscal effect statement filed by the department with the State Secretary did not fulfil the requirements of G.”
Woods Hole, Martha's Vineyard & Nantucket S.S. Auth. v. Martha's Vineyard Comm'n, 405 N.E.2d 961 (Mass. 1980). “The Authority maintains that these have no validity because they were not filed with the Secretary of the Commonwealth pursuant to G. L. c. 30A, § 5, an issue which is discussed later in this opinion.”
Dep't of Pub. Health v. Cumberland Cattle Co., 282 N.E.2d 895 (Mass. 1972). “See G. L. c. 30A, § 5. 13 The judge in his findings in effect assumed the existence of these regulations.”
Massachusetts Gen. Hosp. v. City of Cambridge, 198 N.E.2d 889 (Mass. 1964). “In these circumstances we are of opinion that the regulation of the Commissioner of Administration cannot be treated as properly filed under G. L. c. 30A, § 5, and c. 30, § 37, even though the rates were in fact on file with the State Secretary.”
Associated Indus. of Massachusetts v. Comm'r of Ins., 249 N.E.2d 593 (Mass. 1969). “30A, § 1 (5), and therefore is not effective since it was not filed with the Secretary of State pursuant to the requirement of G. L. c. 30A, § 5. Alternatively, they argue that the approval is an “adjudicatory proceeding” within the meaning of G.”
Palm Manor Nursing Home, Inc. v. Rate Setting Comm'n, 270 N.E.2d 823 (Mass. 1971). “” G. L. c. 30A, § 5, inserted by St. 1954, c.”
Bd. of Selectmen v. Civil Serv. Comm'n, 641 N.E.2d 714 (Mass. App. Ct. 1994). “31, § 3, but those rules must be formulated and filed conformably with G. L. c. 30A, § 5. We are of opinion that neither the Department of Personnel Administration nor the Civil Service Commission may impose on a municipality a policy not promulgated and published (see G.”
Dazien's, Inc. v. Hodgman Rubber Co., 387 N.E.2d 1173 (Mass. App. Ct. 1979). “See G. L. c. 30A, § 5, as in effect prior to St.”
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