Code of Massachusetts Regulations
113 CMR - HEALTH FACILITIES APPEALS BOARD
Title 113 CMR 1.00 - Rules Of Procedure
Section 1.03 - Conduct of Appeals

(a) Parties shall have a right to argue appeals orally, but under such limitations regarding time and scope as may be imposed by the Board.

(b) Each party is encouraged to submit argument in writing to the Board in support of its claim of appeal or answer, as the case may be, provided that every such written argument is filed in six copies.

(a) Every request by a party to the Board to take any action in connection with an appeal shall be made by written motion which shall indicate the action sought and the grounds therefore.

(b) A party served with a copy of a motion in accordance with 113 CMR 1.02(4) must file any written statement of objection to the action sought within five days after such service, or earlier if so ordered by the Board or its Chairman.

(c) The Board shall promptly rule on every motion properly made. A hearing shall be held thereon only if ordered.

(d) In the event that expediency requires that a decision on a motion be made before the Board is scheduled to meet, the Chairman may rule on the motion. Any such ruling by the Chairman is subject to review by the full Board at the meeting following the ruling.

(a) The Board shall render a final decision in every appeal within 60 days after the filing of a claim of appeal under 113 CMR 1.02(1), except as provided for in 113 CMR 1.02(7)(a). If the final decision is to set aside the determination appealed from, the case shall be remanded to the Department for action consistent with such decision.

(b) The date of the final decision is the date on which it is voted on in final form by the Board.

(c) Every party to an appeal shall be served with a copy of the final decision and if the decision is to deny the appeal, each party shall be notified at such time of his right with respect to judicial review in the Superior Court under M.G.L. c. 30A, § 14.

(a) At any meeting of the Board, a quorum shall consist of three members of the Board eligible to participate in and vote upon the appeal.

(b) Decisions on all issues put to vote shall be made by majority vote.

(a) No person except a member or agent of the Board shall communicate ex parte with any member or agent of the Board with respect to the merits of a proceeding. However, a request for information concerning procedural matters shall not be prohibited by 113 CMR 1.00. Any member or agent of the Board to whom an ex parte communication is directed in violation of 113 CMR 1.00 shall immediately inform the chairman of the Board in writing of the substance of such communication and the circumstances of its receipt. Where an appellant has violated 113 CMR 11.00, the Board may, in its discretion, dismiss his appeal.

(b) 113 CMR 1.00 does not prohibit interested persons or organizations from filing amicus briefs with the Board. Such briefs may be considered by the Board in its discretion.

(a) Whenever 113 CMR 1.00 requires that a period of time begin upon receipt of a paper, the paper shall be deemed to be received on the date such paper is properly filed with the Board or its hearing officer in accordance with 113 CMR 1.02(1).