Code of Massachusetts Regulations
970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE
Title 970 CMR 3.00 - Rules of procedure
Section 3.11 - Procedures for Conducting Remote Hearings and Interviews
Universal Citation: 970 MA Code of Regs 970.3
Current through Register 1518, March 29, 2024
970 CMR 3.11 provides guidance relating to the use of video teleconferencing to conduct:
(1) informal interviews in a variety of circumstances, including interviews with witnesses in enforcement matters;
(2) hearings conducted in the context of enforcement matters, including hearings pursuant to summons or held prior to referral to the Office of the Attorney General, and hearings appealing penalty waiver decisions on late filing of campaign finance reports; and
(3) public hearings prior to the issuance of regulations.
(1)
Informal
Interviews Conducted by OCPF
(a)
Prior to the interview, OCPF staff will contact the participant to confirm that
the participant consents to conducting the interview via Zoom
or other similar teleconferencing platform and to discuss the general
procedures to be expected during the interview. If the participant is unwilling
or unable to participate in a virtual interview, OCPF staff will determine
whether a telephonic interview will suffice, or if an in-person/video meeting
is required. Said determination depends, at least in part, upon the purpose and
subject matter of the interview, and whether the participant is the subject of
the review or a witness.
(b) OCPF
will schedule the interview, using Zoom or other similar teleconference
platform, and provide the participants and/or their attorneys with a link via
email at least three business days in advance of the interview, if
possible.
(c) OCPF may arrange to
have an OCPF staff person participate, for the sole purpose of providing
technical support during the hearing, or one of the OCPF interviewers may serve
in that role.
(d) It is the
responsibility of each participant to ensure that they have appropriate
technology to participate. If a participant anticipates not having the capacity
to participate, the participant must contact OCPF as soon as possible, but at
least two business days prior to the interview when practicable.
(e) Generally, informal interviews will not
be recorded. Participants are not permitted to create a recording without
advance notice and the express written permission of OCPF staff.
(f) Persons being interviewed should visually
appear in the interview unless extenuating circumstances prevent such
appearance, and only if such presence is excused by OCPF staff prior to the
interview (when possible).
(g)
During the course of the interview, participants (or their attorneys) may ask
to stop the interview or for an opportunity to confer "off the record." In the
event the participant asks for an opportunity to confer off the record, OCPF
staff will acknowledge the request and the participants should mute their
microphones during their conversation. When the participants have returned to
the hearing, OCPF staff will notify everyone that the interview will resume at
that time. If the participant asks to stop the interview, OCPF staff will halt
any substantive discussions.
(h)
Supporting or requested documentation may be submitted by email prior to,
during, or after the interview.
(i)
If additional follow-up interviews or conversations are necessary, OCPF staff
may determine that such interviews or conversations may be conducted by phone,
or they may choose to request an additional video interview.
(2)
Hearings Pursuant
to Summons, Hearings Prior to Referral to the Office of the Attorney General,
or Hearings Appealing Penalty Waiver Decisions for Late Filing of Campaign
Finance Reports.
(a) Prior to the
interview, OCPF staff will contact the participant to confirm that the
participant consents to conducting the interview via Zoom or other similar
teleconferencing platform and to discuss the general procedures to be expected
during the hearing.
(b) Prior to or
during the hearing, all parties will be asked to provide, via email, their
written or recorded consent to their participation in a remote
hearing.
(c) OCPF will schedule the
hearing, using Zoom or other similar teleconference platform, and provide the
participants and/or their attorneys with a link via email at least three
business days in advance of the hearing.
(d) OCPF will arrange to have an OCPF staff
person participate, for the sole purpose of providing technical support during
the hearing, including admitting witnesses to the hearing at the appointed
time.
(e) It is the responsibility
of each participant to ensure that they have appropriate technology to
participate. If a participant anticipates not having the capacity to
participate, the participant must contact OCPF as soon as possible, but no less
than seven calendar days in advance of the hearing.
(f) Participants in a hearing will provide
OCPF with a witness list and order of appearance at least three business days
in advance of the hearing.
(g) All
hearings will be recorded. The recording created by OCPF will be the only
official recording, and participants are not permitted to create separate
recordings.
(h) Witnesses and
persons testifying must visually appear in the hearing unless extenuating
circumstances prevent such appearance, and only if such presence is excused by
the director of OCPF after receiving a written request prior to the
hearing.
(i) During the course of
the hearing, participants (or their attorneys) may ask for an opportunity to
pause the proceedings or to go "off the record." At that time, OCPF staff will
pause the recording and the participants should mute their microphones during
their conversation. When the participants have returned to the hearing, OCPF
staff will notify everyone that they are going back on the record, at which
time the recording will resume.
(j)
Exhibits may be submitted by email prior to, or during, the hearing.
(k) Participants in a hearing may request a
copy of the recording, or copies of exhibits, and such items will be provided
by OCPF using DropBox, email, or other electronic means.
(3)
Regulatory
Hearings.
(a) When a hearing is
required in the process of promulgating new regulations, OCPF will provide
written notice in a daily newspaper of general distribution, at least 21 days
in advance of the hearing, as required by M.G.L. c. 30A. OCPF shall also cause
to be published on its website a similar notice. Both notices shall include the
time and date of the regulatory hearing.
(b) If the hearing will be conducted
virtually, the notices shall also include OCPF's contact information, and state
that interested parties must contact OCPF for the Zoom link or credentials to
attend the hearing.
(c) OCPF will
arrange to have an OCPF staff person participate, for the sole purpose of
providing technical support during the hearing.
(d) Participants should make every effort to
attend the hearing with video. However, in extenuating circumstances and upon
approval by OCPF staff, an attendee may attend and provide verbal comment at
the hearing telephonically, without appearing on video.
(e) Participants who are unable to attend the
hearing virtually should contact OCPF for guidance in those
circumstances.
(f) Interested
parties may submit written comment regarding proposed regulations. Comments may
be submitted via email before, during, or for a period of at
least seven calendar days after the hearing concludes.
(g) All hearings will be recorded by OCPF.
The recording created by OCPF will be the only official recording.
(h) Individuals or entities may request a
copy of the recording, or copies of submitted comments, and such items will be
provided by OCPF using DropBox, email, or other electronic means.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.