(a) An
Applicant may request a Conference with a Three-member Panel of the UST Board.
The Three-member Panel determines if the UST Fund staff properly interpreted
the provisions of M.G.L. c. 21J and
503 CMR 2.00 with respect to a
particular application. The Three-member Panel, in its discretion, may review
an Applicant's request for Conference based on the Hardship provisions
contained in 503 CMR 2.18(7)(d).
(b) All terms in 503 CMR 2.18(7) shall have
the same meaning as the same terms described in M.G.L. c. 21J and
503 CMR 2.00. The following
additional terms shall apply to 503 CMR 2.18(7).
1.
Conference. A
scheduled meeting between an Applicant and/or Applicant's representative and a
Three-member Panel of the UST Board to discuss and to determine if the UST Fund
Staff properly interpreted the provisions of M.G.L. c. 21J and
503 CMR 2.00 with respect to a
particular Application or if extenuating circumstances warrant further review
and consideration..
2.
Conference Determination(s) of the UST Board. The
action(s) taken by the UST Board after receipt of the Decision(s) of the
Three-member Panel.
3.
Decision(s) of the Three-member Panel, or Decision.
Therecommendation(s)of the Three-member Panel to the UST Board based upon a
review of the facts and circumstances presented by an Applicant and/or
representative at a Conference or furnished by the Applicant and/or
representative to the Three-member Panel after the Conference.
4.
Executive
Director. The individual employed by the Department of Revenue and
responsible for the oversight of the UST Program and Staff.
5.
Hardship. The
reason(s) described in 503 CMR 2.18(7)(d) that were the basis for the denial of
the Application.
6.
Third Party Administrator Staff. The employees of the
entity with which DOR has contracted for the review of Claims.
7.
Three-member
Panel. Three Members of the UST Board selected to review a matter
presented by an Applicant and/or Applicant's representative at a
Conference.
8.
UST Fund
Staff. UST Staff, or Staff. The staff employed by the Department
of Revenue that executes the responsibilities of the UST Fund.
(c) The following administrative
provisions shall apply to Conferences with a Three-member Panel of the UST
Board:
1. A Conference with a Three-member
Panel of the UST Board is available for any action decided by the UST Board
after July 1, 2004.
2. Only
Claimants who filed a Claim and a Request for Reconsideration and were
aggrieved at both the Claim and the Request for Reconsideration stages may
request a Conference, except if the Claim, or a portion of the Claim, was
denied based on failing to meet procedural filing deadlines, in which case the
Claimant may waive its rights to a Reconsideration and immediately request a
Conference.
3. Applicants who have
filed an Application for Eligibility, an Application for a Certificate of
Compliance, or Application for Renewal of a Certificate of Compliance and were
aggrieved by the Board's initial decision regarding the Application may request
a Conference by filing a request within thirty calendar days of the electronic
notification or mailing of the Board's written determination. Timely receipt of
a request for a Conference is determined by the provisions of
503 CMR
2.03(4).
4. A request for a Conference must be filed
within thirty calendar days of the mailing of the Board's written determination
regarding the Claimant's Request for Reconsideration. Timely receipt of a
request for a Conference is determined by the provisions of
503 CMR
2.03(4).
5. A Claimant who has filed an action in
either the Supreme Judicial Court or the Superior Court may not request a
Conference with respect to the same matter.
6. The Executive Director may schedule a
Conference with a Three-member Panel and shall notify the Three-member Panel of
the date, time and location of the Conference. The UST Board shall review all
denials of Requests for a Conference.
7. The chairperson of the UST Board shall
appoint three Board members who will serve on the Three-member Panel. The
chairperson of the UST Board shall designate one Board member to serve as the
chairperson of the Three-member Panel.
8. Conferences are held at the DOR's UST
Program office. An Applicant may request another location for the Conference,
in which case the Three-member Panel will decide the location of the
Conference.
9. The Three-member
Panel is responsible for conducting the Conference.
10. The Applicant and/or Applicant's
representative may attend the Conference. An Applicant who is not present and
is represented by another person shall provide DOR UST Program with prior
written authorization appointing that individual his or her representative at
the Conference. At the Board's discretion, the Board may revoke the Applicant's
right to Conference if the Applicant fails to attend the scheduled Conference
hearing.
11. Conferences are
informal and the rules of evidence do not apply. Testimony under oath is not
required. A transcript or formal record of the proceeding is not made. The
Three-member Panel may request that any matter(s) asserted as fact be sworn to
under the pains and penalties of perjury.
12. The designated chairperson of the
Three-member Panel or the UST Fund Staff shall summarize the contested issues,
allow the Applicant or its representative to present the Applicant's position
and allow a member of the UST Fund Staff to provide any additional information.
The Three-member Panel may ask questions. The chairperson of the Three-member
Panel may limit the amount of time allowed the Applicant or representative to
present the Applicant's position.
13. The Three-member Panel may request
additional information and shall establish a date for its submission. The UST
Fund Staff shall have the opportunity to review and to comment on the
additional information.
14. The
Three-member Panel may choose to not make a Decision. If the Three-member Panel
does not make a Decision, the Executive Director, or his or her designee, will
consult with each member and determine the opinion of each member regarding the
issue(s).
15. The Executive
Director or his or her designee shall present the Decision of the Three-member
Panel to the UST Board no later than the second scheduled UST Board meeting
following the Conference or the receipt of the additional
information.
16. The Executive
Director or his/her designee shall present to the full UST Board the relevant
facts, the contested issues, and the Decision of the Three-member Panel. The
UST Board shall issue a written Conference Determination and the written
Conference Determination of the UST Board will be forwarded to the
Applicant.
17. Conference
Determinations of the UST Board may not be relied upon as precedent in
subsequent or other matters within the jurisdiction of the UST Board.
18. The UST Board or Three-member Panel may
make a Conference Determination that refers the matter to the UST Fund Staff
for further review. Any further review shall conform to the procedural and
substantive requirements of M.G.L. c. 21J and
503 CMR 2.00.
19. Only a Claimant aggrieved by the
Conference Determination of the UST Board may seek relief pursuant to
503 CMR
2.22.
(d) The following provisions apply to
requests by an Applicant for a Conference based on Hardship:
1. The Board may, in accordance with the
purpose of M.G.L. c. 21J and
503 CMR 2.00, grant an
Applicant a request for Conference if the request is based, in whole or in
part, on the Applicant's presentation of a hardship.
2. Only a Claimant who filed a Claim and a
Request for Reconsideration and was aggrieved at both the Claim and the Request
for Reconsideration Stages can request a Conference based on
hardship.
3. Any Applicant may
request a Conference based on hardship if the denial of an application, Claim,
or a portion of a Claim, was based on an untimely filing pursuant to
503 CMR
2.10.
