Section 180-11-9 - Review; Amendment; Action on Petition The executive director shall review the petition for sufficiency upon filing with the Board and take action in accordance with this rule.
1.Grounds for Dismissal. The executive director shall dismiss a petition if it is not filed and adequate showing of interest forms or employee authorization forms are not submitted within the time periods specified by section 6 of this Chapter.2.Order to Show Cause. At the executive director's discretion, the executive director may offer a party the opportunity to show cause why the petition should not be dismissed prior to dismissing the petition.3.Permitted Amendments. If the petition is filed in a timely manner but is not complete, the executive director shall serve on the petitioner a notice of errors and insufficiencies in the petition and shall provide a copy of that notice to the respondent. Amendments to petitions must be made within 15 calendar days of service of the notice of insufficiencies. Permitted amendments are effective as if made on the date the petition was filed.4.Dismissal; Appeal. Insufficient petitions which are not amended during the time period specified in paragraph 3 must be summarily dismissed by the executive director, subject to appeal to the Board under section 30 of this Chapter. The notice of appeal must state with specificity the grounds upon which the request for review is based. The Board shall review the appropriateness of the summary dismissal as a matter of law and may also permit evidence of a party's excusable neglect regarding failure to amend. The Board shall allow oral argument upon request and may require that the parties file briefs.5.Notification of Parties. If the petition is complete, the executive director shall transmit an official copy of the petition to the respondent within 24 hours with a letter indicating whether a response is required. This transmission may be made by electronic means.12- 180 C.M.R. ch. 11, § 9