(1)
Written Hearing Presumption. Where no party's claim
exceeds $10,000, exclusive of claimed interest and arbitration fees or costs,
the dispute shall be resolved by submission of documents (hereinafter called a
written hearing), unless any party requests an oral hearing, or the arbitrator
determines that an oral hearing is necessary. A party desiring an oral hearing
must notify the OCABR and the opposing side within ten business days of the
notice of acceptance of the case, or, in the event a counterclaim is timely
filed, within five business days after notice of the arbitrator's acceptance of
the counterclaim. After that time, an oral hearing may only be granted with the
arbitrator's consent.
(2)
Written Hearing Procedures. The written hearing shall
conform to the following procedures:
(a) The
parties submit in writing to the OCABR their respective contentions, including
a sworn statement of facts, together with such proofs properly verified, as
they wish to submit. Briefs or written arguments may also be submitted at this
time.
(b) All such documents and
proofs submitted by each party shall be filed with the OCABR no later than ten
business days after the mailing of the notice by the OCABR calling for their
filing. Failure of a respondent to submit documents and proof within the ten
business day period shall be deemed a waiver of his or her right to reply
subject to the arbitrator's discretion.
(c) All documents and proofs submitted by
each party shall be sent to the other party and to the OCABR in
duplicate.
(d) Each party may file
one written reply to such statements and proofs within a period of ten business
days from the date of the arbitration firm's letter to the parties requesting
replies. Failure of any party to make such a reply within the specified period
of time shall be deemed to be a waiver of the party's right to reply.
(e) When all of the statements, proofs and
replies (if any) have been received by OCABR, they shall be transmitted to the
arbitrator.
(f) The arbitrator
shall examine the documents and request further evidence from either party, or
both parties, if necessary, within ten business days of receipt. The documents
submitted to the arbitrator and OCABR for the written hearing shall be the
official record of the hearing. If the arbitrator does not request further
evidence, the written hearing is declared closed at this time and the
requirements of
201 CMR 14.15 and
14.16
apply.
(g) Either party may
request, on no more than one occasion, that the arbitrator give a seven
business day extension following the date of submission required by the
arbitrator. Such request must be made prior to the date of submission and shall
be granted only upon a showing of good cause.
