Rule 020-3-9 - Notice and HearingA. After receipt of the complaint and after time for filing the response has elapsed, the Board shall provide all parties with notice and an opportunity to be heard and a written notice of any hearing shall be served on the parties in accordance with Rule 3. The notice shall include the time, date, and place of the hearing and, if notice is given to the public, the notice shall include a short statement as to the nature and subject matter of the proceeding. Parties may waive the right to this notice, by their attendance at the hearing without objection. Failure of a complainant, after notice, to attend such a hearing may be grounds for dismissal of the complaint and failure of a respondent to attend such a hearing may be grounds for entry of a default order against said respondent. Such dismissal or default shall be with prejudice unless a-reason for any other order is apparent and is stated in the order of dismissal or default. Such order shall be final unless the Board finds that such failure to attend the hearing is the result of excusable neglect.B. Prospective witnesses shall be identified by the parties and their names and addresses shall be provided to the Board and to any opposing party prior to the hearing date. The Board may fix a time prior to the hearing before which witness lists must be filed and served. Any change in the list of prospective witnesses shall be communicated by each party to the other(s) and to the Board before the hearing date.C. Complaints may be amended with permission of the Board Chairperson or presiding officer prior to or at the hearing and the Chairperson or presiding officer may order consolidation of complaints.D. Rights of Parties - Any party shall have the right to be represented by counsel or by other representatives, to examine and cross-examine witnesses, and to offer documentary and other evidence.E. stipulations may be offered with respect to any issue. The Chairperson or presiding officer shall allow oral argument with appropriate limitations, and, after consultation with the parties, may require briefs to be submitted.F. Decision - The Board shall render a written decision within a reasonable time either dismissing the complaint or determining the appropriate remedy. Failure of the Board to render such a decision within 30 calendar days of the date of the final closing of the hearing shall be deemed a denial of the complaint. The Board may vacate a denial based on the Board's failure to render a written decision within 30 days if: (1) the Board, despite due diligence, had been prevented from reaching a decision by circumstances beyond its control, and(2) there is a likelihood that the Board will reach and render a decision within an additional 30 days. The Board must act to vacate a denial within 10 calendar days after the date the complaint is deemed denied. Failure of the Board to render a written decision within 30 calendar days from the date the earlier denial was vacated, shall be deemed a final dismissal of the complaint.
01-020 C.M.R. ch. 3, r. 9