Code of Massachusetts Regulations
702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION
Title 702 CMR 1.00 - Adjudicatory Proceedings
Section 1.01 - Adjudicatory Proceedings
Current through Register 1531, September 27, 2024
(1) Hearings held before the division pursuant to 702 CMR 1.01 shall be adjudicatory proceedings conducted pursuant to 801 CMR 1.01: Formal Rules, as modified by 702 CMR 1.01.
(2) The following types of adjudicatory hearings shall be held by the division:
(3) The administrator shall preside over, or appoint an officer to preside over, any hearing held pursuant to 702 CMR 1.01. The notice scheduling the time and place for the hearing shall specify whether the administrator or a designated individual shall act as presiding officer in the particular case.
(4) Burden of Proof. The division has substantial discretion in issuing, suspending, revoking or withholding certificates, licenses, permits and registrations. Any party requesting a hearing before the division seeking review of any division decision shall have the affirmative obligation to establish by clear and convincing evidence its affirmative qualification for the relief sought through the hearing.
(5) Any division hearings conducted pursuant to M.G.L. c. 90, §§ 39B and 40I shall be legislative and administrative in nature, not adjudicatory.