Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 1.00 - Adjudicatory Proceedings
HEARING RULES
Section 1.26 - Decisions

Universal Citation: 360 CMR 1.00 MA Code of Regs 1.26

Current through Register 1531, September 27, 2024

(1) Tentative Decisions.

(a) Mandatory Tentative Decision. A Tentative Decision shall be required only if the decision following the Adjudicatory Proceeding will be rendered by a majority of officials of the Authority who have neither heard nor read the evidence, and if a Party requests a Tentative Decision.

(b) Optional Tentative Decision. Prior to the close of the hearing on the merits, any Party may make a written or oral request for a Tentative Decision. If the request is granted, or if the Presiding Officer determines that a Tentative Decision should be issued in the interest of justice, a written Tentative Decision shall be issued.

(c) Issuance of Tentative Decision. Every Tentative Decision shall be in writing and shall contain a statement of the reasons therefor, including a determination of every issue of fact or law necessary to the Decision. Whenever a Tentative Decision is rendered, each Party shall have the opportunity to file a written objection to the Decision stating the grounds of the objection. The objection shall be made within seven days from the Party's receipt of the Tentative Decision.

(2) Final Decisions. Every Final Decision shall be in writing and shall be approved by the Executive Director of the Authority. Every Final Decision shall contain a statement of the reasons therefor, including a determination of every issue of fact or law necessary to the Decision, provided that, if a Final Decision was preceded by a Tentative Decision, the Final Decision may incorporate by reference determinations set forth in the Tentative Decision, subject to such modifications as the Presiding Officer deems appropriate. The Final Decision shall also notify the Parties of their right to judicial review of the Decision pursuant to M.G.L. c. 30A, § 14.

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