220 CMR, § 45.06 - Procedures Where Formal Hearing is Waived

(1) Applicability. The procedures set forth in 220 CMR 45.06 apply only if no party requests and is granted a hearing. If a full hearing is to be convened, the procedures contained in 207 CMR 1.06: Hearings and 220 CMR 1.06: Hearings shall apply.

(2) Notice. The Department shall give public notice by such means as it deems appropriate, consistent with due process, that a complaint has been filed and docketed. Such notice shall include a brief description of the complaint and shall set a time limit for filing of petitions to intervene. That time limit shall be no shorter than 14 days after such public notice.

(3) Intervention. The procedures outlined in 207 CMR 1.03: Appearances; Intervention and Participation; Parties and 220 CMR 1.03: Appearances; Intervention and Participation; Parties shall generally apply to petitions to intervene under 220 CMR 45.06. If a person is allowed by the Department to intervene, the ruling on intervention shall be in writing and shall inform the petitioner of its right to a hearing, its responsibility to request a hearing within seven days after service of the ruling, and of the consequence of failure to make such a request (namely, waiver of the right to a hearing on the ruling). If a hearing is requested and granted, the procedures set forth in 207 CMR 1.06: Hearings and 220 CMR 1.06: Hearings shall apply.

(4) Reply and Comments. The complainant shall have 20 days from the date the response is served to file a reply. Any person permitted to intervene as a party shall have the opportunity to file comments with the Department not later than 20 days after issuance of the Order permitting intervention. Any such comments shall be served on all parties and the parties may file a reply to the comments within 20 days after service. Unless authorized by the Department, no further filings shall be considered.

(5) Meetings and Evidentiary Proceedings. The Department may decide each complaint upon the filings and information before it, may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute, or may, in its discretion, order evidentiary proceedings upon any issues.

(6) Department Consideration of Complaint. In its consideration of the complaint, response, reply, and comments, the Department may take notice of any information contained in publicly available filings made by the parties and may accept, subject to rebuttal, studies that may have been conducted. The Department may also request that one or more of the parties make additional filings or provide additional information. Where one of the parties has failed to provide information required to be provided by 220 CMR 45.00 or requested by the Department, or where costs, values or amounts are disputed, the Department may estimate such costs, values or amounts it considers reasonable on the basis of available evidence of record, or may decide adversely to a party who has failed to supply requested information which is readily available to it, or both.

Notes

220 CMR, § 45.06

Amended by Mass Register Issue 1459, eff. 12/24/2021.