In The Matter of Richard Bonavita
May 16, 2008
Decision and Order

On March 28, 2008, pursuant to 930 CMR 1.01(6)(d), [1] / the parties filed a Joint Motion to Dismiss (Joint Motion) requesting that the Commission dismiss these adjudicatory proceedings based on statute of limitations grounds. The Presiding Officer, Matthew N. Kane, referred the Joint Motion to the full Commission for deliberations on April 17, 2008. [2] /

The adjudicatory proceeding commenced on January 13, 2008 with the issuance of an Order to Show Cause against Respondent Richard Bonavita alleging that he violated G.L. c. 268A, section 23(b)(2) and section 23(b)(3). In his Answer, filed on February 11, 2008, Respondent denied the allegations and asserted the statute of limitations as an affirmative defense.

Pursuant to 930 CMR 1.02(10), "[a]n order to show cause must be issued within three years after a disinterested person learned of the violation." In the Joint Motion, the parties advise the Commission that Petitioner first received a complaint relating to Respondent's alleged violations on January 18, 2005, more than three years before the Order to Show Cause was issued. Accordingly, the Order to Show Cause was not timely issued.

WHEREFORE, the Commission hereby ALLOWS the Joint Motion. Commission Adjudicatory Docket No. 08-0001, In the Matter of Richard Bonavita, is dismissed.

________________________ ________________________

E. George Daher, Chairman Matthew N. Kane

________________________ __________________________

Jeanne M. Kempthorne Patrick J. King

DATE AUTHORIZED: April 17, 2008

DATE ISSUED: May 16, 2008

[1] / That regulation provides in relevant part that a motion to dismiss may be granted only by the Commission. See 930 CMR 1.01(6)(a) ("[A]ny action which would terminate the Adjudicatory Proceeding may be taken only by the Commission.").

[2] / Commissioner Veator did not participate in the deliberations and, therefore, has not signed this Order.