950 CMR 59.06 - Decisions
(1)
Decisions. Every
decision shall contain a statement of the reason therefor, including a
determination of every issue of fact or law necessary to the decision. Every
decision must be signed by at least three Commissioners, each of whom must have
either attended all hearings or have read or heard the entire record.
(2) The decision of the Commission may:
(a) Dismiss the objection, for lack of
timeliness, jurisdiction, or standing, failure to state a claim upon which
relief can be granted, or any other legal reason;
(b) Enter a decision by default against any
party for failure to appear, unnecessary delay, or any failure to comply with
any provision of
950 CMR 59.00 if that failure
affects substantial right;
(c)
Sustain the objection on the merits, and order the Secretary not to print on
the ballot the name of the respondent candidate or the question supported by
the respondent petitioners;
(d)
Overrule the objection on the merits;
(e) Make informal disposition of the
proceeding by stipulation, agreed settlement, or consent order; or
(f) Grant whatever other relief justice
requires and is within the scope of its authority.
(3)
Timing of
Decisions. The decision must be made not later than 5:00 P.M. of:
(a) The 21st day
after the last day to file objections to nomination papers or certificates of
nomination for presidential primaries and regular state primaries and
elections, or to state initiative and referendum petitions;
(b) The 14th day
after the last day to file objections to nominations made by state primaries,
or to supplemental signatures necessary to place a state initiative question on
the ballot after rejection by the general court;
(c) The fourth day after the last day to file
objections to nomination papers or certificates of nomination for special state
primaries or elections.
(4)
Reopening of
Hearings. On its own motion or on motion of a party, the
Commission may at any time before a final decision is issued request that the
hearing be reopened for the purpose of receiving new evidence.
(5)
Motion for
Reconsideration. A party may file a motion for reconsideration,
setting forth specifically the grounds or statutory provision relied upon to
sustain the motion, within ten days from the date a copy of the decision is
mailed to the parties by the Commission or presiding officer. No motion for
reconsideration may be filed or acted upon after the statutory deadline for the
Commission to render a decision.
(6)
Further Appeal.
After the issuance of a final decision, any party who has the right to seek
judicial review of the decision may file for judicial review in accordance with
M.G.L. c. 55B, ยง 4.
(7)
Withdrawal of Exhibits. After a decision has become
final and all appeal periods have lapsed the Commission or presiding officer
may in its discretion, upon motion, permit the withdrawal of original exhibits
or any part thereof by the party or person entitled thereto.
Notes
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