Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND
Section 14.08 - Notification and Scheduling of Arbitration Hearing

(1) Preliminary Telephone Conference. The parties, their attorneys or representatives shall hold a preliminary telephone conference at a reasonable date soon after the appointment of the arbitrator, unless the arbitrator determines that a preliminary telephone conference is unnecessary, or unless the parties agree to dispense with the preliminary telephone conference and the arbitrator does not object to such dispensing. The preliminary telephone conference may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement.

(2) Place of Hearings. When scheduling hearings, the arbitrator shall attempt to accommodate the geographic and time-of-day needs of the parties.

(3) Weekday Presumption. Evening and weekend hours may be made available for hearings if justified and mutually agreed upon by the parties and the arbitrator.

(4) Notice of Arbitration Acceptance. Within seven business days after the acceptance of a request for arbitration form, OCABR shall mail notice thereof to the parties.

(5) Additional Claims and Amendments. Additional claims and amendments may not be submitted without leave from the arbitrator. Leave shall not be granted later than ten business days prior to the hearing.

(6) Notice of Hearing. The OCABR shall mail notice of the date, time, location of the hearing, and name of the arbitrator to both parties no later than 21 business days prior to the hearing, unless both parties agree to an earlier date acceptable to the arbitrator.

(7) Hearing Date. The date of the hearing shall be fixed by the arbitrator and shall be within 90 business days of the acceptance of the request for arbitration form. The arbitrator may extend the 90 business day hearing period only upon a showing of extraordinary circumstances or upon the written consent of both parties.

(8) Hearing Confirmation. The OCABR may call both parties to confirm the hearing date. A call placed within seven business days prior to the hearing shall constitute sufficient notice of the hearing should either party claim non-receipt of the notice provided for in 201 CMR 14.08(6).