06-096 C.M.R. ch. 3, § 18 - Withdrawal of an Application

An applicant may withdraw its application by right until ten (10) days before the due date for pre-filed direct testimony or, in a proceeding where pre-filed testimony is not required, until ten (10) days before the hearing. Written notice of such withdrawal by right must be filed and served in accordance with section 3. After the deadline for withdrawal by right, the applicant must obtain permission to withdraw by submitting a written request to the Presiding Officer. All parties to the proceeding will have an opportunity to comment in writing on a request for permissive withdrawal. Decisions on requests for permissive withdrawal will be based on all relevant information including but not limited to the following:

A. the point in the proceeding at which the request is made;

B. the reason for the request for withdrawal;

C. the amount of resources expended up to that point by the parties, the public, and the Department and additional resources needed to fully adjudicate the matter;

D. the comments of the parties and the basis for their objections, if any;

E. the nature of the issues in dispute and the precedential value of a decision; and

F. the interests of fairness and justice.

The decision to allow withdrawal is made by the Presiding Officer for matters pending before the Commissioner, or by the Board for matters pending before it. All application withdrawals are without prejudice.

Notes

06-096 C.M.R. ch. 3, § 18