Section 407-110-11 - ADJUDICATORY PROCEEDINGS; POSTHEARING PRACTICE AND PROCEDUREA.Briefs and Exceptions Parties shall file exceptions or responses to the report of the presiding officer pursuant to the times established by the presiding officer briefs and Exceptions or responses which contain a statement of evidence or facts shall include a reference to the specific portion of the record in which such evidence or facts may be found. When the transcript of the hearing is available, reference to oral testimony shall be by page number.
B.Oral Argument The presiding officer may allow or require oral argument in lieu of or in addition to allowing briefs. Oral argument may be given at the conclusion of the evidence, or at a time and place to be fixed by the presiding officer.
C.Decisions1. Every Commission decision made at the conclusion of an adjudicatory proceeding shall be in writing or stated in the record and shall include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision. A copy of the decision shall be sent to each party to the proceeding or its attorney or representative of record. Written notice of the party's rights to obtain review of the decision within the Commission or to appeal to the Supreme Judicial Court, as the case may be, and of the action required and the time within which such action must be taken in order to exercise the right to review or appeal, shall be given to each party with the decision. Such notice shall not constitute an opinion by the Commission as to whether the party is entitled to such review or appeal. Unless otherwise provided, the order shall be effective on the date it is issued by the Administrative Director. Any period for reconsideration and, pursuant to decision of the Law Court, appeal shall commence as of that date.2. In extraordinary circumstances, including those in which a deadline imposed by rule or statute requires the issuance of a decision by a specific date, the Commission may issue its decision in two or more parts. The first part shall plainly state the result of the decision, specify the orders made by the Commission and summarize the factual conclusions reached. The second part shall contain the full statements or findings of fact and shall be issued as soon as possible. In the case of proceedings with a deadline imposed by rule or statute, the second part shall be issued prior to the expiration of the deadline. The Commission may also issue supplemental orders approving compliance filings or other actions on the part of the petitioner required as a result of the Commission's decision.3. The Administrative Director shall maintain a record of the vote of each member of the Commission with respect to the Commission's decision as reflected on each decision issued.D.Rehearing, Reopening, Reconsideration and Clarification Petitions to change, modify, rescind, clarify, reconsider or vacate any decision or order of the Commission or presiding officer must be filed by any party in the case of an adjudicatory proceeding or any participant in a non-adjudicatory proceeding with the Commission within 20 days after entry of the determination or order to which the petition relates or at any time within the 20 days following entry of the Commission's final decision or order. A petition for rehearing, reopening or reconsideration shall set forth specifically all grounds supporting the petition and the relief requested. Any petition for rehearing, reopening or reconsideration not granted within 20 days from the date of filing is denied. The time for appeal of a final Commission order does not begin to run until the motion for reopening, rehearing or reconsideration is acted upon or presumed to be denied.
65- 407 C.M.R. ch. 110, § 11