94- 649 C.M.R. ch. 201, § 12

Current through 2024-51, December 18, 2024

Section 649-201-12 - RECOMMENDED DECISION OF THE PRESIDING OFFICER

1.Contents. Following the hearing or, if the appellant has chosen an Expedited Appeal following review of the documentary record, the Presiding Officer will prepare a recommended decision, which will include:

A. A clear statement of the subject(s) of the appeal and of the issue(s) that must be resolved to decide the appeal;

B. A listing of the date of hearing, place of hearing, and participants at the hearing or, if no hearing was held, the written agreement from the appellant attorney to proceed without a hearing;

C. A listing of all evidence admitted and upon which the recommended final decision is based;

D. Findings of fact, which must be sufficient to apprise the parties of the basis for the recommended decision;

E. A clear statement of result resolving all issues under consideration;

F. A clear explanation of the reasoning underlying the result, including references to applicable law, procedures, and rules.

2.Comments, modification, and delivery to the Commission

A. The Presiding Officer will send a copy of the recommended decision to each of the parties for comment. A may submit comments regarding the recommended decision, which must be in writing and must be filed with the Presiding Officer within 10 days of receipt of the Presiding Officer's recommended decision.

B. The Presiding Officer may, but is not required to, modify the recommended decision in response to the parties' comments. If in the judgment of the Presiding Officer the previously issued recommended decision should be substantially modified, the Presiding Officer will send the recommended decision as modified to the parties for further comment, as provided in subparagraph A.

C. The Presiding Officer will deliver copies of the recommended decision, as originally prepared and as modified, to the Commission. The Presiding Officer will deliver the written comments made by the parties with the recommended decision. When the recommended decision is not modified, the Presiding Officer will also deliver to the Commission its written response to the parties' written comments.

94- 649 C.M.R. ch. 201, § 12