Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 1.00 - Adjudicatory Proceedings
GENERAL RULES
Section 1.04 - Definitions

Unless the context specifically indicates otherwise, the meaning of the terms used in 360 CMR 1.00 shall be those defined in 360 CMR 2.04: Definitions and 10.004: Definitions and as follows:

Adjudicatory Proceeding shall mean a proceeding before the Authority in which the legal rights, duties, or privileges of specifically named persons are required by constitutional right, or by any provision of Massachusetts law or regulations to be determined after opportunity for a hearing before the Authority, but does not include:

(a) proceedings solely to determine whether the Authority shall institute or recommend institution of proceedings in a court;

(b) proceedings for the arbitration of labor disputes voluntarily submitted by the parties to such disputes;

(c) proceedings for the disposition of grievances of employees of the Authority; or

(d) proceedings to classify, reclassify, allocate, or reallocate appointive offices and positions in the Authority.

Agency shall mean any department, board, commission, division, authority, or other entity within the executive branch of the federal government or the state government, any subdivision of any of the foregoing, any municipality, or any official of the executive branch of the federal government or of a state government or municipality.

Authorized Representative shall mean an attorney, legal guardian, or other person authorized by a Party to represent it in an Adjudicatory Proceeding.

Electronic Medium. Any device used to transmit information electronically including, but not limited to, facsimile and e-mail.

Notice of Action shall mean a document required to be issued by the Authority whenever an Adjudicatory Proceeding may be initiated as a result of an action taken or intended to be taken by the Authority. The documents that are Notices of Action shall include Penalty Assessment Notices, rulings on requests for reconsideration issued pursuant to 360 CMR 2.21(3), and Orders to Show Cause.

Papers shall mean all written communications filed in an Adjudicatory Proceeding, including motions, pleadings, and other documents.

Party shall mean the specifically named Person whose legal rights, duties, or privileges are being determined in an Adjudicatory Proceeding; any Person who as a matter of constitutional right or by any provision of Massachusetts law or regulation is entitled to participate in the Adjudicatory Proceeding and who makes an appearance pursuant to 360 CMR 1.05; and any Person allowed by the Presiding Officer to intervene in the Adjudicatory Proceeding.

Petitioner shall mean the Person who initiates an Adjudicatory Proceeding.

Presiding Officer shall mean the individual authorized by law or duly designated by the Authority to conduct Adjudicatory Proceedings.

Respondent shall mean the Person who must respond to a Notice of Claim for Adjudicatory Proceeding or Order to Show Cause.