than ordinary wear and tear, or failure to perform ordinary repair, replacement or maintenance.” The scope of the authority of such special enabling acts is limited to “only those powers which are expressly conferred by statute or necessarily implied from those expressly conferred . . . .” Church v. Boston, 370 Mass. 598, 601 (1976). However, where the exercise of a particular power is, in fact, necessary to carry out the purposes expressed in the statute, general principles of agency authority establish that a “regulation may be authorized even where it cannot be traced to specific statutory language.” Grocery Manufacturers of America, Inc. v. Department of Pub. Health, 379 Mass. 70, 75 (1979), and cases cited. See Town Taxi, Inc. v. Police Commr. of Boston, 377 Mass. 576, 581 (1979) (<HOLDING>). It is further established that where, as
holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory holding that commissioners broad statutory authority to fix maximum and minimum rates for taxi industry includes power to adopt order reducing fares for elderly and handicapped holding that apprendi has not affected the district courts authority to determine facts for sentencing at or below the statutory maximum holding that primary jurisdiction and authority to fix rates rested exclusively and primarily in the psc