1. (1) The Secretary of EOHLC, or their designee, shall respond within 90 days of receipt of the petition, and in their sole discretion advise the petitioner whether or not it will take any action on the petition. Such action may include, without limitation:

   1. (a) notifying the petitioner in writing of the scheduling of further proceedings in accordance with M.G.L. c. 30A;
   2. (b) notifying the petitioner in writing that no action will be taken on the petition;
   3. (c) notifying the petitioner that the petition fails to conform to the requirements of 760 CMR 73.02 in which case any response by EOHLC is postponed pending redrafting or supplementation of the petition to meet stated deficiencies;
   4. (d) such other response as EOHLC may determine, in its sole discretion, appropriate.
2. (2) The response provided to the petitioner pursuant to 760 CMR 73.03(1) shall be in writing and sent by certified mail, return receipt requested, to the address provided by the petitioner, with copy to their counsel, if applicable.
3. (3) In providing a response pursuant to 760 CMR 73.03(1), EOHLC may consider the petition as well as any other sources of information it may deem pertinent.
4. (4) At any time, and for any reason, EOHLC may amend a response taken under 760 CMR 73.03(1), including a change that results in EOHLC taking no further action on the petition.
5. (5) EOHLC may, but is not required to, explain the reasons for any response to a petition.
6. (6) EOHLC may, in its sole discretion, extend the time for a response under 760 CMR 73.03(1), provided that the petitioner is notified in writing in accordance with 760 CMR 73.03(2) of such extension.

REGULATORY AUTHORITY

760 CMR 73.00: M.G.L. chs. 23B and 40B; M.G.L. c. 30A, § 4.