Section 180-12-8 - Review, Amendment and Action on Complaint After the 20-day period in which the respondent's answer is due pursuant to section 9, the executive director shall review the complaint for sufficiency and proceed in accordance with this rule.
1.Action Following Review for Sufficiency. Upon reviewing the complaint for sufficiency, the executive director shall take appropriate action, which may include the issuance of a notice of a prehearing conference or an evidentiary hearing, summary dismissal of the complaint in whole or in part, entry of an uncontested order or issuance of a recommended order by the executive director. The executive director may also issue a notice of errors and insufficiencies to the complainant and allow amendment of the complaint.2.Permitted Amendments. A party may amend its complaint once as a matter of course at any time before a responsive pleading is served and once after receiving a notice of errors and insufficiencies from the executive director. Amendments made in response to a notice of errors and insufficiencies from the executive director must be filed within 15 calendar days of service of the notice. Amendments must be delivered to all other parties in accordance with section 6 of this Chapter. When the claim asserted in an amended complaint arises out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading, the permitted amendment relates back to the date of the original pleading. A complaint may also be amended at the prehearing conference, with the consent of the other party, in accordance with § 10(10), or at the hearing in accordance with § 20. 3.Dismissal; Appeal. If, after the opportunity for amendment has expired, the allegations in the complaint do not constitute a prima facie violation of the applicable collective bargaining law, the complaint may be summarily dismissed in whole or in part by the executive director who shall notify the parties of the determination. A party whose complaint is summarily dismissed in whole or in part may appeal to the Board by filing a motion requesting review of the dismissal within 15 calendar days after the issuance of the dismissal. The motion must clearly and concisely set forth the points of fact and law claimed to be sufficient to establish a prima facie violation of the applicable collective bargaining law. Upon the filing of a timely motion for review, the Board shall examine the complaint as it existed when summarily dismissed in light of the assertions contained in the motion. If upon such examination the Board finds the complaint insufficient, it shall affirm the summary dismissal of the charge and shall notify the parties in writing of the determination. If the Board finds the complaint to be sufficient, it shall reinstate the complaint and shall so notify the parties.12-180 C.M.R. ch. 12, § 8