Appendix: Section 18H of Chapter 6A of the Massachusetts General Laws

Text of Section 18H of Chapter 6A of the Massachusetts General Laws

Section 18H of Chapter 6A of the Massachusetts General Laws

1. There shall be imposed on each subscriber or end user whose communication services are capable of accessing and utilizing an enhanced 911 system, a surcharge in the amount of 75 cents per month for expenses associated with services provided under [enhanced 911 programs, including disability access programs]. . . .

The surcharge shall be collected by the communication service provider and shall be shown on the subscriber’s or end user’s bill as ‘‘Disability Access/Enhanced 911 Service Surcharge’’, or an appropriate abbreviation. The surcharge shall not be subject to sales or use tax. The subscriber or end user shall be liable for the surcharge imposed under this section, and the communication service provider shall not be financially liable for surcharges billed on behalf of the commonwealth but not collected from subscribers or end users. Partial subscriber or end user payments shall be first applied to outstanding communication service provider charges.

2. The [State 911 Department] may petition the department of telecommunications and cable for an adjustment in the surcharge established in subsection (a). The department of telecommunications and cable shall be responsible for establishing the new surcharge, and all future surcharges, upon petition of the department. The department of telecommunications and cable, at its discretion but not more than once per calendar year, may investigate the prudence of the department’s revenue and expenditures for the purpose of recalculating the surcharge, and may hire experts to assist in its investigation. . . . The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date of the commencement of the investigation, but the surcharge shall be deemed approved if the department of telecommunications and cable does not issue its decision within such 90 days. The department of telecommunications and cable shall adopt rules that provide for the funding of prudently incurred expenses . . . by means of the surcharge. The department shall report annually to the department of telecommunications and cable on the financial condition of the Enhanced 911 Fund and on the department’s assessment of new developments affecting the enhanced 911 system. The report shall be submitted to the department of telecommunications and cable within 60 days of the end of each fiscal year. The department of telecommunications and cable shall file an annual report with the clerks of the house of representatives and the senate relative to the financial condition of the Enhanced 911 Fund.
3. The department shall seek the approval of the department of telecommunications and cable for projected total expenditures that exceed total expenditures of the previous fiscal year by 10 per cent or more. The department of telecommunications and cable may investigate the reasonableness of the expenditures and shall conduct its review and issue a decision within 90 days from the date the department files its request for approval, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within such 90 days. The department of telecommunications and cable shall notify the department of its intent to investigate within 20 days of the date the department files its request for approval. The department’s request for approval shall be deemed approved in the absence of the department of telecommunication and cable’s notification to the department of its intent to investigate. If the department of telecommunication and cable notifies the department that it intends to investigate an expenditure, the department of telecommunications and cable may hire experts to assist in its investigation. The reasonable cost of the experts shall be charged to the Enhanced 911 Fund, but in no event shall such cost exceed $200,000, which may be adjusted to reflect changes in the consumer price index.

Section 1 of Title 207 of the Code of Massachusetts Regulations

1.03:     Appearances; Intervention and Participation: Parties

1.   Intervention.

a.   Any person who desires to participate in a proceeding shall file a written petition for leave to intervene or to participate in the proceeding. . . .

1.04:     Pleadings

1. Initial Pleading.
   1. Definition. An initial pleading, as used in 207 [Code of Massachusetts Regulations, or CMR] 1.04, shall refer to any paper or document by which an adjudicatory proceeding may be commenced. Such papers or documents shall include but not be limited to applications, petitions, complaints, and protests. . . .

1.05:     Service

1. Service.
   1. General Rule. Service of all documents or other papers relating to any proceeding, including complaints, orders, decisions, pleadings, motions, processes, notices, briefs, claims of appeal, and exhibits, shall be by personal delivery, by first-class mail, or by Electronic Medium.
   2. On Whom Served. All such documents or other papers shall be served by the person filing the same on every person who has theretofore entered an appearance in the proceeding. . . .

1.06:     Hearings. . . .

5.   Notice. . . .

1. Order of Notice. The Department may require any person filing an initial pleading to give notice of the hearing on such pleading by publication or other means or both, in which case such person shall receive an order of notice from the Department which shall be returned, with proof of compliance with said order, not later than the commencement of hearing on the petition. . . .

6.   Conduct of Hearings.

1. Presiding Officer. The hearing shall be conducted by a Presiding Officer who shall be the Commissioner or an employee designated by the Commissioner. The Presiding Officer shall administer oaths and affirmations, issue subpoenas, and make all decisions regarding the admission or exclusion of evidence or any other procedural matters which may arise in the course of the hearing. . . .

3. Discovery.
   1. 1. Purpose. The purpose for discovery is to facilitate the hearing process by permitting the parties and the Department to gain access to all relevant information in an efficient and timely manner. Discovery is intended to reduce hearing time, narrow the scope of issues, protect the rights of the parties, and ensure that a complete and accurate record is compiled. . . .

7.   Transcripts.

a.   At the request of any party, made in writing at least seven days before the hearing date, or of its own accord, the Department shall provide that all proceedings in a pending case be officially recorded by a reporter appointed for that purpose. The Department shall require any party requesting a copy of the transcript to pay the reasonable cost of preparing said copy before the Department makes said copy available to the party. . . .

1.10:     Rulings, Briefs, Oral Argument and Post-hearing Procedure. . . .

7.   Filing of Documents Subsequent to Hearing. The Department may, for good cause shown, allow the parties to file evidentiary documents of any kind, or exhibits, at a time subsequent to the completion of hearing, such time to be determined by the Presiding Officer. If a request for such subsequent filing is granted, the requesting party shall on or before the date set for filing, send copies of all documents or exhibits which are the subject of the request to all parties and persons who have filed appearances. . . .

1.11:     Decisions

1.   All decisions of the Department shall be in writing and shall be accompanied by a statement of reasons for the decision. A copy of the decision and such statement of reasons shall be served on all parties pursuant to 207 CMR 1.05(1).

Date published:	May 3, 2022