- Decisions
Unless
otherwise provided by statute, decisions shall be made as follows:
- Direct
Agency Decisions. The Agency
may by regulation elect to preside at the reception of evidence
in all cases. In the absence of such regulation, the Agency may
elect to preside at the reception of evidence in particular cases
and shall exercise this election by so stating in the notice scheduling
the time and place for the Adjudicatory Proceeding in the particular
case. The decision of the Agency as Presiding Officer shall be
the final Agency decision.
- Initial
Decisions. A Presiding Officer
other than the Agency who presided at the reception of evidence
shall render a decision as provided in G.L. c. 30A § 11(8). The
decision of the Presiding Officer shall be called an initial decision.
The Presiding Officer shall promptly provide the parties with
a copy of his or her decision when filed with the Agency.
- Tentative
Decisions. If the Agency elects
to render a decision on the record without having presided at
the reception of evidence, either by regulation or by statement
in the notice scheduling the hearing, the initial decision shall
also become a tentative decision.
- Objections
and Response. The Parties shall
have the opportunity to file written objections to the tentative
decision with the Agency, which may be accompanied by supporting
briefs. The Parties shall have 30 days from the filing of the
tentative decision or the transcript corrections under 801 CMR
(10)(i)(2), whichever occurs last, to file written objections.
Parties may file responses to objections within 20 days of receipt
of a copy of the objections. The Agency may order or allow the
Parties to argue orally. A Party requesting oral argument shall
file the request with the Party’s written objections or response.
- Agency
Action on the Tentative Decision.
The Agency may affirm and adopt the tentative decision in whole
or in part, and it may recommit the tentative decision to the
Presiding Officer for further findings as it may direct. The same
procedural provisions applicable to the initial filing of the
tentative decision shall apply to any re-filed tentative decision
after recommittal. If the Agency does not accept the whole of
the tentative decision, it shall provide an adequate reason for
rejecting those portions of the tentative decision it does not
affirm and adopt. However, the Agency may not reject a Presiding
Officer’s tentative determinations of credibility of witnesses
personally appearing. The Agency’s decision shall be on the record,
including the Presiding Officer’s tentative decision, and shall
be the final decision of the Agency not subject to further Agency
review.
- Failure
to Issue Final Decision. If
the Agency fails to issue a final decision within 180 days of
the filing or re-filing of the tentative decision, the initial
decision shall become the final decision of the Agency, not subject
to further Agency review.
- Final
Decisions. Every decision shall
be made as required in G.L. c. 30A § 11(8), and shall be mechanically
or electronically printed, and signed by the Presiding Officer
or by those members of the Agency making the decision. A majority
of the members constituting the Agency or the Agency panel authorized
by the Agency to decide the case shall make direct Agency decisions.
A final decision shall incorporate by reference those portions
of an initial or tentative decision that are affirmed and adopted,
and may expressly incorporate other portions it modifies or rejects
with its reasons therefor. A final decision by an Agency under
801 CMR 1.01 (11) (c) shall make appropriate response to any objections
filed in regard to an initial or tentative decision.
- Decision
Maker Unavailable. When a Presiding
Officer becomes unavailable before completing the preparation
of the initial decision, the Agency shall appoint a successor
to assume the case and render the initial decision. If the presentation
of evidence has been completed and the record is closed, the successor
shall decide the case on the basis of the record. Otherwise, the
successor may either proceed with evidence or require presentation
of evidence again from the beginning. The Agency shall provide
without cost to all Parties and the successor a copy of the official
verbatim transcript, or completed portions thereof, if not previously
provided.
- Notice
of Decision. The Agency or Presiding
Officer shall promptly provide all Parties with a copy of every
Agency decision or order when filed and otherwise give prompt
notice of all Agency actions from which any time limitation commences.
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