95- 629 C.M.R. ch. 4, § 6

Current through 2024-51, December 18, 2024
Section 629-4-6 - Defective Filings
A.Inspection and Filing Date. Upon receipt of any filing subject to this rule, the document and any material accompanying it will be inspected by the Board. If the document is found by the Board to be defective or insufficient, the Board shall, within 10 days from its receipt of the filing, inform the person filing it of the defect or omission, and the defective or insufficient document will not be deemed to be filed. The defective or insufficient document will be retained by the Board, marked to indicate that it is not deemed filed. Within 10 days of the submission of additional material by the filing party in response to the notice of defects, the Board shall determine whether the defects or omissions have been corrected and will notify the filing party of its determination. The filing date for such a document will be deemed to be the date on which the last document that removed any defect or made the filing complete was received by the Board, except that the Board may treat the date that the insufficient document was filed as the filing date, if the deficiencies are found to be immaterial or not to have delayed, impeded, or interfered with the ability of the Agency or any party to respond to, investigate, or process the filing For the purposes of the this subsection, an application or form is defective or insufficient if it fails to include all the information required by statute or by applicable rule.
B.Effect of Failure to Note Defects. The absence of action by the Board noting defects or insufficiencies and adjusting the filing date accordingly shall not constitute a substantive finding that the information contained in the document is sufficient to establish that any relief or action requested in the document should be granted or that any facts asserted in the document have been proven, nor shall it be construed to limit in any way the Board's authority to request further data or information from the filing party during the course of a proceeding.

95- 629 C.M.R. ch. 4, § 6