* Privacy Policy                

  1. SUBMISSION WITHOUT A HEARING

              All hearings at DALA are governed by the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 – 1.04 (available on our web site:  www.state.ma.us/dala).  801 CMR 1.01(10)(c) states:

Submission Without a Hearing.  Any Party may elect to waive a hearing
and submit his case upon written submissions.  Submission of a case
without a hearing does not relieve the Parties from the necessity of
proving the facts supporting their allegations or defenses on which a
Party has the burden of proof.

            The Petitioner is a party and the Respondent is a party.  Many cases involve a question of law or the proper interpretation of a particular section of Massachusetts General Laws, Chapter 32.  Often, the Petitioner and the Respondent agree about the underlying facts of the case and there is no need for any live witnesses to appear at a hearing and testify under oath.  For these cases, DALA encourages the parties to prepare written stipulations of fact with accompanying written argument, supported by all necessary exhibits.  The parties must agree as to the stipulations of fact.  For every case that is submitted in accordance with 801 CMR 1.01(10)(c), a DALA magistrate will be assigned to that case within two months. 

            If you elect to go forward with a hearing, please note that you have the right, under 801 CMR 1.01(10)(i), to arrange for a stenographer at your expense.  In the event of judicial review, a stenographic record of the hearing will dispense with the need to have a transcript prepared from a tape recording.

            Should you have any questions, please telephone First Administrative Magistrate Kimberly Fletcher at (617) 727-7060.

Division of Administrative Law Appeals    98 North Washington Street,               4th Floor,    Boston, MA02114
Telephone    617    727-7060        Fax    617    727-7248