Code of Massachusetts Regulations
950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH
Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records
Section 31.09 - Briefs
Current through Register 1531, September 27, 2024
(1) Briefs. Briefs may be filed by a party or any interested person either before or during the course of a hearing, or within such time thereafter as the agency shall designate. Failure to file a brief shall in no way prejudice the rights of any party.
(2) Subsequent to Hearing. The agency may, for good cause shown, allow the parties to file evidentiary documents of any kind, or exhibits, at a time subsequent to the completion of the hearing, such time to be determined by the agency. If a request for such subsequent filing is granted, the requesting party shall, on or before the date set for filing, send copies of all documents or exhibits which are the subject of the request to all other parties. If such requirement for copies is impracticable, the agency may suspend the above provision; in such cases, the agency shall allow reasonable inspection of the original by all parties.
(3) Reopening Hearings. A party may, at any time prior to the rendering of a decision by the agency, move that the hearing be reopened for the purpose of receiving new evidence. Such motions shall be filed in accordance with the provisions of 950 CMR 31.03(6) and shall be granted only for good cause shown. The agency shall notify all parties of its action upon the motion. Notwithstanding the above, the agency may, at any time prior to the rendering of a decision, reopen the hearing on its own motion. In case of such reopening on motion of the agency, the parties shall be notified, and the hearing shall not be convened less than five days after the sending of such notice.
(4) Rehearing; Reargument; Reconsideration. Any party may file a motion for rehearing, reargument, or reconsideration within 30 days after a receipt of a final decision of the agency. Such motion shall be filed in accordance with 950 CMR 31.03(6) and, in addition, shall include a statement of all matters alleged to have been erroneously decided and if applicable, a statement as to any newly discovered matters or circumstances that have a risen subsequent to the final decision. The filing of said motion shall not operate as a stay of execution unless so ordered by the agency.
(5) Appeal Provisions. Appeals from administrative tribunals are dealt with generally in M.G.L. c. 30A, § 14 giving jurisdiction in the Supreme Judicial Court and the Superior Court in equity to aggrieved persons.
