Current through Register 1531, September 27, 2024
(1)
Rule 4 -- Claims of Appeal. Every appeal shall be commenced by the filing of six copies of a claim of appeal, so entitled, which shall state the name and address of the appellant, the names and addresses of all other parties, the specific matter or matters in which the appellant alleges to be aggrieved, the complete grounds and justification of the appeal, and whether suspension of 113 CMR 1.02(6) is sought and, if so, the basis for such request. The claim shall, when filed by ten taxpayers, also designate a spokesman from among their number, or an attorney who will represent them, and his business address. Defects in appeals shall be subject to provisions of 113 CMR 1.02(5).
(2)
Rule 5 -- Answers to Claims of Appeal. Each party shall have the right to file an answer to a claim of appeal within 14 days after service of a copy of such claim upon the party. Any allegation contained in the claim shall be deemed denied by any party unless specifically admitted in an answer filed by the party.
(3)
Rule 6 -- Signatures. Every paper filed or served pursuant to 113 CMR 1.02(4) shall be signed by the party making such filing or service or by his attorney. Such signature shall constitute certification by the signer that he has read the document, that to the best of his knowledge, information and belief there is good ground to support it, and that it is not interposed for delay.
(4)
Rule 7 -- Filing and Service of Papers.
(a) Service of any paper relating to an appeal, including any claim of appeal, notice, motion, brief, or decision, shall be filed with the Board and, except for the record designated in accordance with 113 CMR 1.03(1), shall be served simultaneously by hand delivery or by first-class mail, postage prepaid, upon every party to the appeal.
(b) All papers filed with the Board shall be delivered by hand, or mailed first-class, to the Board's agent for filing at Room #980, Boston University School of Law, 765 Commonwealth Avenue, Boston, MA 02215 c/o William Kaleva, Administrator. A paper shall be deemed to be filed on the date stamped "Received" by the Board's agent for filing, provided that the paper contains a title indicating the appeal to which the paper relates and the names of all parties to the appeal. All papers shall be filed six copies.
(c) Whenever a paper is filed with the Board or with a hearing officer of the board, the person making such filing shall attach thereto a certificate that he has served a copy on all parties, as required by this rule. The certification shall list all such parties by name and address, and phone number , if available.
(5)
Rule 8 -- Defects. For failure to comply with any of the provisions of 113 CMR 1.02(1) or 1.02(4) the Board may strike the affected paper form the record, dismiss the appeal, or grant the party a period of time, not more than ten days, to correct the defect.
(6)
Rule 9 -- Stays Pending Final Decisions of the Board. The filing of a claim of appeal shall operate as a stay of the determination of need appealed from and any determinations of need on all comparable applications unless, upon request by a party, the Board is satisfied that a stay is not necessary to preserve the substantial interest of any party pending a final decision by the Board.
(7)
Rule 10 -- Filing of Record of Determination with Board.
(a) Within 14 days after service of the required copies of a claim of appeal upon the Department, or within such further time as the Board may allow upon the Department's motion, the Department shall file the original, or a true copy, of the record of the determination appealed from with the Board. In the event the Department fails to comply with this rule, and the Board determines that such failure prejudices a party other than the Department, then the running of the 60 day period within which the Board must make the final decision is automatically suspended.
(b) Such record shall consist of the determination of need, application for a determination of need, and all supporting documents, all reasons stated for the determination of need, together with all materials considered by the Department in making the determination of need, and a transcript of the portion of the meeting at which the determination of need was made.
(c) In addition to the original, or true copy, of the record filed by the Department hereunder, the Department shall simultaneously file with the board five copies of the following portions of the record: the application for a determination of need, the staff summary, the recommendations of the "A" and "B" agencies and any ten taxpayer groups, the transcripts of the relevant portions of any Public Health Council meetings, and the official notice of the determination of need.
(d) Parties to an appeal may obtain copies of all or any portion of the record of the determination upon request to the Board and the tendering of the costs of such copying. Upon a showing of exceptional financial need by party, the Board may in its discretion waive all or a portion of the costs of copying to that party.
