555 CMR, § 2.03 - Construction
(1) 555 CMR shall
be liberally construed to permit the commission to effectively carry out its
statutory functions and to secure a just and expeditious determination of
issues properly presented to the commission.
(2) Unless otherwise specified, computation
of any time period referred to in 555 CMR shall begin with the first day
following the act which initiates the running of the time period. The last day
of the time period is to be included, unless it is a Saturday, Sunday, or legal
holiday, in which event the period shall run until the end of the next day that
is not a Saturday, Sunday, or legal holiday. When the time period is seven days
or less, intervening Saturdays, Sundays, and legal holidays shall be excluded
in the computation. When a time period is greater than seven days, each
intervening calendar day shall be included in the computation.
(3) Any act that must be performed
"immediately" under a provision of 555 CMR or M.G.L. c. 6E shall be performed
as soon as the exercise of reasonable diligence will enable such
performance.
(4) A finding by clear
and convincing evidence requires more than a preponderance of the evidence, but
less than the proof beyond a reasonable doubt required in criminal
cases.
(5) In any instance in which
an individual has a conflict precluding that person from exercising their
authority under 555 CMR, their duties shall be exercised by the next most
senior supervisor within the Agency, or if there is no such supervisor without
a conflict of interest within the Agency, by an individual designated by the
most senior disqualified individual's appointing
authority.
Notes
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