If the number of challenged ballots is sufficient to determine the outcome of the election, within seven (7) days after the tally of the ballots, each party must file a position statement with the Division concerning the eligibility of each challenged voter. 456 CMR 14.12 (2). The Division will review the consent agreement or direction of election, the notice of election, and the parties' position statements to decide whether to reject the challenged ballots or schedule a hearing. If any challenge presents no factual dispute, is frivolous, or has already been determined by the Division, the challenge will be denied without a hearing, and the ballot counted if required to determine majority. If the challenge is clearly valid, as determined by the election documents or prior decision, the challenge will be allowed without a hearing and the ballot will be destroyed unopened.