[HISTORY: Adopted by the Annual Town Meeting of the Town of Nantucket
4-10-1995 by Art. 59, approved 5-22-1995. Amendments noted where applicable.]
In addition to any requirements set forth in the General Laws of the
commonwealth or any other applicable law, prior to the adoption, amendment
or repeal of any regulation, a board, commission, agency or instrumentality
of the Town of Nantucket shall hold a public hearing, at which time interested
persons are to be given an opportunity to present data, views, comments or
arguments related thereto. Within the time specified by any law or, if no
time is specified, then at least 21 days prior to the date of the public hearing,
the board, commission, agency or instrumentality shall give notice of such
hearing by:
A.
Publishing notice of such hearing in such manner as is
specified by any law or, if no manner is specified, then in any newspaper
having general circulation within the Town of Nantucket;
B.
Notifying any person to whom specific notice must be
given by law, such notice to be given in accordance with any applicable law
or, if no manner is so specified, then by delivering or mailing a copy of
the notice to the last known address of the person required to be notified;
C.
Notifying any person or group having filed a written
request for notice of rule-making hearings, 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 group required to be notified;
and
D.
Filing a copy of such notice with the Town Clerk.
The notice described in § 2-1 shall refer to the statutory authority under which the action is proposed; give the time, date and place of the public hearing; either state the express terms or describe the substance of the proposed regulation; and include any other matter required by any applicable law.
This chapter shall not operate to relieve any board, commission, agency
or instrumentality of the Town of Nantucket from compliance with any law regulating
the adoption of regulations or requiring that regulations be approved by designated
persons or bodies before becoming effective.
Section 2-1 of this chapter shall not apply to emergency regulations. Except where otherwise provided by law, if a board, commission, agency or instrumentality finds that immediate adoption, amendment or repeal of a regulation is necessary for the preservation of the public health, safety and general welfare and that observance of the requirements of notice and public hearing would be contrary to the public interest, the board, commission, agency or instrumentality may dispense with such requirements on a temporary basis and may adopt, amend or repeal regulations as emergency regulations. This finding and a brief statement of the reasons for the finding shall be incorporated in the emergency regulation. An emergency regulation shall not remain in effect for longer than three months unless during that time the board, commission, agency or instrumentality gives notice and holds a public hearing as required by § 2-1.
Any interested person may petition a board, commission, agency or instrumentality
of the Town of Nantucket requesting the adoption, amendment or repeal of any
regulation and may accompany the petition with such data, views and arguments
as the petitioner deems pertinent, and such board, commission, agency or instrumentality
shall prescribe by regulation the procedure for the submission, consideration
and disposition of such petitions.
In addition to any requirements imposed by law, after taking action
for the adoption, amendment or repeal of any regulation but before the effective
date thereof, the board, commission, agency or instrumentality so acting shall
file a copy thereof with the Town Clerk and shall publish such regulation
as so adopted, amended or repealed in a newspaper having general circulation
within the Town of Nantucket. Regulations, other than emergency regulations,
shall become effective only when published in accordance with this section
or, in the case of any regulation as to which a later effective date is required
by law or is specified in such regulation, then upon such later date or upon
such publication, whichever last occurs.
