01-020 C.M.R. ch. 3, r. 17

Current through 2024-51, December 18, 2024
Rule 020-3-17 - Record
A. Generally. In proceedings subject to this chapter, the Board shall make a record consisting of:
(1) All applications, pleadings, motions, preliminary and interlocutory rulings and orders;
(2) Evidence received or considered;
(3) A statement of facts officially noticed;
(4) Offers of proof, objections and rulings thereon; and
(5) The decision of the Board.
B. Hearings recorded. The Board shall record unfair practice hearings in a form susceptible to transcription. The Board way record other hearings, meetings and proceedings as it determines necessary, or at the request of any party made at least two days prior to the hearing date. Portions of the record as required and specified in subsection A may be included in the recording. The Board shall transcribe any recording related to the appeal upon the request of any party which has filed an appeal.
C. Record; copies. The Board shall make copies of the record, copies of recordings or transcriptions of recordings available to any person at actual cost. Notwithstanding the provisions of this subsection, the Board shall withhold, obliterate or otherwise prevent the dissemination of any portions of the record which are made confidential by state or federal statute or any other lawful means, but shall do so in the least restrictive manner feasible.
D. The decision of the Board shall be based solely on the record before it as described in Rule 17(A).
E. Documentary evidence. Documentary evidence may be incorporated in the record by reference if the materials so incorporated are made available for examination by the parties and such evidence has been admitted pursuant to Rule 16.

01-020 C.M.R. ch. 3, r. 17