Section 121.12 - Conduct of Proceedings(1)Presiding Officer. The Presiding Officer conducts the Proceeding and makes all decisions on the admission or exclusion of evidence and other procedural matters that arise in the course of the Hearing. The Presiding Officer may issue orders he or she finds proper, expedient or necessary to enforce and administer the provisions of 211 CMR 121.00, M.G.L. c. 176K and M.G.L. c. 30A. The Presiding Officer may administer oaths and affirmations, schedule Hearings and order the consolidation of related Proceedings. The Presiding Officer may impose sanctions on a Party that does not comply with an order issued in a Proceeding. Such sanctions can include entering orders or decisions on one or more issues, limiting the introduction of evidence, limiting a Party's participation in the Proceeding, and addressing other matters he or she deems appropriate. The Presiding Officer may shorten or terminate a phase of the Proceeding for a Party's failure, without good cause, to comply with the prescribed schedule or to proceed expeditiously.(2)Ex Parte Communications. (a) Within the time frame set forth in 211 CMR 121.12(2)(b), until the rendering of a final decision, no person who is not employed by the Division shall communicate ex parte with the Commissioner, the Presiding Officer, or any Division employee involved in the decision process for the Proceeding in question, with respect to the merits of the Proceeding. A request for a report concerning the status of a Proceeding or an inquiry as to the Division's practice or procedure shall not be considered an ex parte communication.(b) The prohibitions of 211 CMR 121.12(2) apply from the time a person knows or reasonably should know that a Proceeding will be initiated. Otherwise, for Proceedings pursuant to M.G.L. c. 176K, § 7(g), the prohibitions apply from the time the Filer submits a pre-filing notice in accordance with 211 CMR 121.04; for Proceedings under M.G.L. c. 176K, § 7(d), the prohibitions apply from the time the Commissioner issues the Hearing notice. In all cases, the prohibitions apply as long as a Proceeding is open.(c) If the Presiding Officer determines that a Party has violated 211 CMR 121.12(2), the Presiding Officer may exclude that Party from the Hearing or decide against that Party with prejudice. If the Presiding Officer determines that a person not a Party has violated 211 CMR 121.12(2), the Presiding Officer may exclude that person from the Hearing.(3)Motions. A Party requesting a ruling shall make a motion that states the ruling sought and the grounds for the request. The Presiding Officer may require that a motion be made in writing. A Party shall file an opposition to a written motion no later than five days after the motion is filed and served. The Presiding Officer may, in his or her discretion, allow, deny, or require oral argument on a motion.(4)Official Notice. The Presiding Officer may take official notice of a fact that can be judicially noticed by Massachusetts courts and may take official notice of general, technical or scientific facts within his or her specialized knowledge or experience. The Presiding Officer shall notify all Parties of the material so noticed and shall permit a Party, upon timely request, to contest the facts noticed. The Presiding Officer may use his or her technical experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.(5)Evidence. The Presiding Officer need not observe the rules of evidence observed by Massachusetts or United States courts, but shall observe the rules of privilege recognized by Massachusetts law. Evidence can be admitted and given probative effect only if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. The Presiding Officer may exclude evidence that he or she determines is unduly repetitious, or that will delay the Proceeding unnecessarily. All evidence on which the Presiding Officer's decision is based, including records and documents in the Division's possession, will be made a part of the record, and no other factual information can be considered, except for facts officially noticed, as is provided in 211 CMR 121.12(4). Documentary evidence may be received in evidence in the form of copies or excerpts, at the discretion of the Presiding Officer.(6)Control of Evidence. The Presiding Officer may question witnesses. At any stage of the Proceeding, the Presiding Officer may call for further evidence on an issue, and require a Party to present that evidence. The Presiding Officer may limit, strike or terminate irrelevant, immaterial or repetitious evidence. The Presiding Officer, in his or her discretion, may permit a Party to introduce exhibits and raise issues not included in its Rate Filing or Responsive Filing, for good cause shown. If, despite an order from the Presiding Officer, a witness fails to be present for his or her examination or unreasonably obstructs examination, the Presiding Officer may find the witness to be unavailable. Upon finding a witness to be unavailable, the Presiding Officer may order stricken from the record all testimony by the witness and evidence submitted through the witness.(7)Offers of Proof. A Party may make an offer of proof following a ruling by the Presiding Officer excluding proffered evidence. The offer of proof must include a statement of the substance of proposed oral testimony and copies of proffered documents. The Presiding Officer may require that offers of proof be made in writing.(8)Stipulations. At any stage of the Proceeding, the Parties may stipulate to a fact or issue. If the Presiding Officer rejects a stipulation, he or she shall state this on the record and, if appropriate, permit the Parties to present evidence and argument on the matter.(9)Conduct of Persons Present. All persons present at a Proceeding shall conduct themselves in a manner consistent with the standards of decorum commonly observed in Massachusetts courts. If a person's conduct is not consistent with 211 CMR 121.12(9), the Presiding Officer may issue orders appropriate to maintain order, including the exclusion of a disorderly person from the Proceeding. If the person excluded is a Party or its representative, the Presiding Officer may decide against the Party with prejudice.(10)Transcripts. The Filer shall engage a qualified stenographer to record and transcribe the Proceeding expeditiously. The Filer shall pay the cost of the stenographer's fees, and the cost of providing the Division with copies of the transcript in the quantity and format determined by the Presiding Officer, which may include electronic copies, and of providing one copy to the State Rating Bureau and to every Statutory Intervenor. Other Parties and Participants may obtain copies of the transcript from the stenographer at cost, unless the Presiding Officer determines that the Filer should provide a transcript to a Party or Participant.Amended by Mass Register Issue 1278, eff. 1/16/2015.