Current through Register 1531, September 27, 2024
(1)
Initial Pleading.
(a)
Definition. An initial pleading, as used in 207 CMR
1.04, shall refer to any paper or document by which an adjudicatory proceeding
may be commenced. Such papers or documents shall include but not be limited to
applications, petitions, complaints, and protests.
(b)
Content. Every
initial pleading shall be on the form provided by the Department, and if no
form is provided, the pleading, as far as possible, shall contain the
following:
1. A title which indicates either
the nature of the proceedings or the parties involved therein.
2. The complete name and address of the party
filing the pleading.
3. If the
party filing the pleading is represented by counsel, the name and address of
the attorney.
4. The name and
address of all other petitioners.
5. A clear and concise statement of the facts
upon which the pleading is maintained.
6. In the case of appellate proceedings, a
clear and concise statement of the appellant's objections to the decision or
action from which the appeal was taken.
7. A reference to the statute under which
relief is sought.
8. A prayer
setting forth the relief sought.
9.
As part of the initial petition pursuant to M.G.L. c. 159, §§ 19 and
20, the company shall file a copy of the proposed notice as set forth in 207
CMR 12.06: Notice of General Rate Increases to Customers and a
list of newspapers in which it proposes to publish such notice.
(c)
Application for
Permission to Establish Rates on less than Statutory Notice.
Application for permission to establish rates on less than statutory notice
shall have attached thereto, as an exhibit, a copy of the proposed tariff or
rate schedule. When the tariff is to meet the existing rate of a competing
common carrier, the petition shall state the name, address, and the particular
rate or rates of the competing carrier to be met and shall be signed, under
oath, by the carrier filing the application. A contract carrier shall not be
deemed a competing carrier in the consideration of such applications.
(d)
Protest of a
Tariff. Petitions addressed to the Department complaining of and
seeking suspension on a tariff or objecting to a contract carrier contract
shall be filed with the Department at least ten days before the effective date
of such tariff or contract and one copy of such petition shall simultaneously
be served by the protestants upon the publishing company, freight forwarder, or
agent and, in case of contracts, on the contracting parties. In default of such
filing and service no such application for suspension of rates or objection to
contract shall be entertained. The particular tariff or contract protested
shall be identified by its proper number or contract identification and
attention directed to the items specifically objected to, together with the
grounds in support of the protest.
(2)
Answer. Except
where a different period is specified, an answer shall be filed within 14 days
after service of the document to which the answer is directed.
(3)
Amendments to
Pleadings. Leave to file amendments to any pleading will be
allowed or denied as a matter of discretion. If amendment is made to an initial
pleading, an answer to said amended pleading, if permitted, shall be filed
within such time as may be directed by the Commissioner or the Presiding
Officer.
(4)
Withdrawal
of Pleadings.
(a)
Prior to Commencement of Hearing. A party may withdraw
an initial pleading filed with the Department at any time prior to the
commencement of a hearing on such pleading. A notice of withdrawal of pleadings
shall be served on the Department and each party in accordance with 207 CMR
1.05(1)
(b)
After
Commencement of Hearing. A party desiring to withdraw an initial
pleading after the commencement of hearing on such pleading shall file a motion
for withdrawal, in accordance with 207 CMR 1.04(5). If any person has an
objection thereto, he or she shall within ten days after receipt of said
motion, file a statement with the Department setting forth the reasons for his
or her objection and serve a copy of same, in accordance with 207 CMR 1.05(1),
on each person entitled thereto. Such an objecting person shall, if a party,
have a hearing on the motion to withdraw if, at the time of filing, he or she
so requests. In the absence of objections or a request for hearing, within 30
days after the filing thereof, the motion of withdrawal shall be deemed
allowed, unless otherwise ordered.
(5)
Motions.
(a)
General. An
application to the Department to take any action or to enter any order after
initial pleading or after commencement of an investigation by the Department
shall be by motion which, unless made during a hearing, shall be made in
writing, shall state specifically the grounds therefor, and shall set forth the
action or order sought. A copy of all motions made in writing, or reduced to
writing at the request of the Commissioner or Presiding Officer, shall be
served upon all persons entitled thereto in accordance with 207 CMR
1.05(1).
(b)
Delay of
Adjudicatory Proceeding. Except as otherwise directed by the
Presiding Officer or the Commissioner, the filing of a motion, either prior to
or during any adjudicatory proceeding, and any action thereon shall not delay
the conduct of such proceeding.
(c)
Motion Prior to Hearing. A motion shall be in writing
and may be filed prior to hearing by any party or by a person whose petition
filed pursuant to 207 CMR 1.03(1) is pending. Any party may file a written
answer to such motion within five days of such filing.
(d)
Motions During
Hearing. With the exception of motions to withdraw pleadings filed
pursuant to 207 CMR 1.04(4) and petitions filed pursuant to 207 CMR 1.03(1),
upon the making of a motion in the course of a hearing, replies thereto and
argument thereon shall be permitted within the time and in the manner directed
by the Presiding Officer.
(e)
Motion for Protection from Public Disclosure.
Documents in the possession of the Department are presumed to be public
records. To overcome this presumption and protect information from public
disclosure, a party must file with the Department a written motion for a
protective order. If no such motion is made at the time the record is filed
with the Department, the Department may make the information available to the
public without further notice.
The party moving for a protective order shall substantiate its
motion, which shall be treated as a public record, with the following
information:
1. the time period for
which confidential treatment is desired;
2. the reason the record was provided to the
Department, and the date of submittal;
3. a precise description of the information
to be protected;
4. the reasons for
the claim of confidentiality, including proof that an exemption to public
disclosure applies;
5. a
description of the harm of public disclosure;
6. the extent to which the record or its
contents has been disclosed to other persons or to federal, state, and local
agencies, including the status of any requests for confidentiality;
and
7. a certification to the best
of the moving party's knowledge, information, and belief, that the information
is not customarily available in the public domain.
In conjunction with a motion for protection from public
disclosure, one unredacted copy of the materials for which protection is sought
must be filed directly with the Presiding Officer. The unredacted copy should
be clearly marked with the words "CONFIDENTIAL" on each page of the materials.
A redacted copy of the materials, marked "REDACTED", must also be filed for the
public docket.