Current through 2024-51, December 18, 2024
Section 629-4-10 - DiscoveryA.Board and staff. The Board and Agency staff shall have all authority granted to them by statute to obtain information in any proceeding, and the provisions of this section shall not be construed to limit that authority in any way.B.Informational requests. All parties shall have the right to serve informational requests upon any party, subject to the following terms and procedures: 1.Form. Informational requests must be made in writing, unless made on the record in a hearing, and must be specifically directed to a particular party or parties. A copy of each request shall be provided to the Board and each party in a manner which the Board directs.2.Scope. Information requests shall be relevant to the issues involved in the pending proceeding and shall not be unduly burdensome or repetitious.3.Objections. Objections to an informational request shall be filed with the Board no later than five (5) days after it is received, unless a different period is prescribed by order.4.Response to information requests. Each informational request shall be answered within fourteen (14) days after its receipt or such other period as may be ordered by the Board, except as to any part of a request to which specific and timely objection is made. In cases where timely objection has been made and the objection is subsequently overruled, the requested information shall be provided within fourteen (14) days of receipt of the Board's ruling on the objection or such other period as may be provided in that ruling. A copy of the responsive material shall be provided to the Board and to each party. Responsive material does not become part of the record of hearing unless offered and admitted.95- 629 C.M.R. ch. 4, § 10