06-096 C.M.R. ch. 3, § 15 - Conferences

Conferences may be held at the discretion of the Presiding Officer at any time prior to, during, or after a hearing. Members of the public may attend conferences; however, participation is limited to the parties to the proceeding and any agency participating pursuant to section 11(C) except by leave of the Presiding Officer.

A. Purpose. Conferences may be held for any purpose including the following:

(1) review relevant statutory and regulatory criteria and clarify or narrow issues to be addressed at the hearing;

(2) discuss consolidation of parties;

(3) discuss the organization of the hearing;

(4) establish specific procedural requirements;

(5) impose limits, if necessary, on the number of witnesses and the time allocated to each party or issue at the hearing;

(6) obtain stipulations of fact and stipulations as to the admissibility into evidence of documents and other exhibits;

(7) establish schedules and deadlines; and

(8) consider such other matters that may be necessary or advisable in order to facilitate an orderly and fair hearing process and to expedite the hearing process.

B. Notice. The Presiding Officer shall provide reasonable notice of all conferences to the parties and any other person whom the Presiding Officer deems appropriate.

C. Conference Procedure. A conference is an informal meeting of the parties and the Presiding Officer. The Presiding Officer may limit participation to one representative per party.

D. Procedural Orders. Any actions or agreements made at a conference, or any rulings of the Presiding Officer made at or following a conference, will be set forth in a procedural order or otherwise provided in writing to the parties, except that actions, agreements or rulings made at a conference that occurs during the hearing will be stated on the record.

E. Failure to Attend. All parties are required to attend conferences. Any party failing to attend a conference waives its right to object to matters discussed or decided at the conference unless the Presiding Officer determines that the party has demonstrated good cause for its absence.

Notes

06-096 C.M.R. ch. 3, § 15