Current through Register 1518, March 29, 2024
(1)
Docket. A numbered docket shall be maintained for all adjudicatory proceedings and shall contain all documents filed in a proceeding and other relevant material.
(2)
Filing of Documents with the Board.
(a)
Filing.
1. Any document to be filed with the Board pursuant to 980 CMR 1.00 shall be hand delivered, or mailed first class, to the Energy Facilities Siting Board or to the Presiding Officer at the Energy Facilities Siting Board. The Presiding Officer may allow documents to be filed by other means.
2. A document shall be deemed to be filed on the date stamped "Received" by the Board or its agent during usual business hours. Documents received after usual business hours shall be deemed filed on the following business day.
(b)
Filing Format.
1.
Printing Requirements. All documents filed for possible inclusion in the record shall be clear and legible and shall be presented in accordance with the standards established by the Presiding Officer.
2.
Form. Every document filed shall contain a title which indicates the nature of the proceeding, the name of the applicant, and the docket number if available. The Director or Presiding Officer shall determine the number of copies to be filed. The Board may provide forms to be used for specific purposes by any person or party; in such cases, use of forms provided shall be mandatory.
(3)
Electronic Filing. The Presiding Officer may require documents to be filed electronically. Where documents are required to be filed electronically, a separate paper copy must also be served in accordance with 980 CMR 1.03(4).
(4)
Service to Board, Parties and Participants.
(a) Service of a document upon the Board or the Presiding Officer shall be in accordance with 980 CMR 1.03(2).
(b) Any person filing documents with the Board or Presiding Officer shall simultaneously serve a copy on all parties and limited participants required to be served in the proceeding, by hand delivery or by first class mail postage prepaid using the name(s) and address(es) stated on the service list issued by the Presiding Officer. The Presiding Officer may allow documents to be served by other means.
(c) All documents filed with the Board or the Presiding Officer shall be accompanied by a statement certifying the date and means of service and the persons to whom service was made. Failure to comply with these rules may be grounds for the Board or Presiding Officer to refuse to accept documents for filing.
(d) Documents shall be deemed served on the day of hand delivery or, if mailed, on the earlier of receipt or three days after mailing. The postmark shall be evidence of the date of mailing.
(5)
Signatures. Every document filed pursuant to 980 CMR 1.03(2) or served pursuant to 980 CMR 1.03(4) shall be signed by the party making such filing or service or by the party's authorized representative. Such signature shall constitute certification by the signatory or authorized representative that he or she has read the document, that, to the best of his or her knowledge, every statement contained in the document is true, and that the document is not being filed to delay the proceeding.
(6)
Computation of Time. Unless otherwise specifically provided by 980 CMR 1.00 or 2.00 or by other applicable law, computation of any time period referred to in 980 CMR 1.00 or 2.00 shall begin with the first day following the act which initiates the running of the time period. The last day of the time period is included unless it is a Saturday, Sunday, or legal holiday or any other day on which the office of the Board is closed, in which case the period shall run until the end of the next following business day. When the time period is less than seven days, intervening days when the office of the Board is closed shall be excluded.
(7)
Extensions of Time. At the discretion of the Board or the Presiding Officer, for good cause shown, any time limit prescribed or allowed in 980 CMR may be extended. All requests for extensions of time must be made either by oral motion during a hearing or conference or by written motion served upon all parties or as directed by the Presiding Officer. All requests for extensions of time must be made before the expiration of the original time period or before the expiration of any subsequent extension(s) granted. Provisions contained in 980 CMR 1.03(7) shall not apply to any limitation of time prescribed by statute, unless extensions are permitted by the applicable statute.
(8)
Ex Parte
Communications in Adjudicatory Proceedings.
(a) From the initial filing in an adjudicatory proceeding until the rendering of a final decision, no party or limited participant may communicate ex parte with the Presiding Officer, any board member or the Siting Board staff involved in the decision process for the adjudicatory proceeding regarding the merits of such adjudicatory proceeding.
(b) Communications concerning scheduling and other procedural matters, as well as the receipt of information available in the public docket file are not prohibited by 980 CMR 1.00.
(c) If a party or limited participant makes or attempts to make an ex parte communication prohibited by 980 CMR 1.03(8)(a), the Board member, Presiding Officer, or staff member shall advise the person that the communication is prohibited and shall immediately terminate the prohibited communication.
(d) If a Board member, Presiding Officer, or staff member violates the
ex parte rule, he or she shall, no later than two business days after determining that the communication was prohibited, serve on each party and place in the docket file associated with the adjudicatory proceeding the following:
1. A written statement including the substance and circumstances surrounding the communication; the identity of each person who participated in the communication; the time, date, and duration of the communication; and whether, in his or her opinion, the receipt of the ex parte communication disqualifies him or her from further participation in the adjudicatory proceeding; and
2. Any written or electronic documentation of the communication. The above documents shall be placed in the docket file associated with the adjudicatory proceeding but shall not be made a part of the evidentiary record.
(e) The Board may, upon the motion of any party or on its own motion, accept or require the submission of additional evidence of the substance of a communication prohibited by 980 CMR 1.03(8).
(f) Where a party or limited participant has violated 980 CMR 1.03(8), the Board or Presiding Officer may take such action as is deemed appropriate within the circumstances.
