94- 649 C.M.R. ch. 201, § 13

Current through 2024-51, December 18, 2024
Section 649-201-13 - ACTION BY THE COMMISSION
1.Commission Consideration. A quorum of the Commission will consider the Presiding Officer's recommended decision on a timely basis.
2.Recommended decision and record. In advance of consideration, a copy of the Presiding Officer's recommended decision must be sent to each Commissioner, with parties' comments as provided in Section 12.
3.Presiding Officer. If requested by the Commission, the Presiding Officer may be present to assist the Commission. If the Presiding Officer appointed by the Commission Chair is a Commissioner, that Commissioner shall recuse from consideration of or voting on Commission action on the recommended decision.
4.Action after consideration. After considering the recommended final decision, a quorum of the Commission shall:
A. Adopt the Presiding Officer's recommended decision as delivered;
B. Modify the Presiding Officer's recommended decision;
C. Send the matter back to the Presiding Officer for the taking of further evidence or for additional consideration of issues, as set forth by the Commission; or
D. Reject the Presiding Officer's recommended decision in whole or in part and decide the appeal itself on the basis of the existing record.
5. A decision as adopted by the Commission pursuant to this Section is the final administrative decision in the appeal.
6. If the vote of the Commission to accept or not accept the Presiding Officer's recommended decision is evenly divided, the decision of the Executive Director is affirmed.

94- 649 C.M.R. ch. 201, § 13