Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings
Section 1.09 - Supplemental Procedures

(1) Re-opening Hearings. A party may, at any time before the Board renders a final decision, move that the hearing be reopened for the purpose of receiving new evidence. The motion should clearly show good cause for re-opening the hearing, state the nature and relevance of the evidence to be offered and explain why the evidence was unavailable at the time of the hearing.

(2) Consolidation. The Presiding Officer may consolidate proceedings involving a common question of law or fact for hearing or decision on any or all of the matters at issue in such proceedings.

(3) Referral by the Department. Acting under the provisions of M.G.L. c. 25, § 4, in order to promote efficiency in administration, the Chairman of the Department of Public Utilities may refer matters to the Siting Board for review and approval or rejection of petitions pursuant to M.G.L. c. 164, § 69H(2).

(4) Stipulations. At the discretion of the Presiding Officer, the parties may agree upon any fact or issue pertinent to the proceeding, either by filing a written stipulation at any point in the proceeding, or by making an oral stipulation at the hearing. In making findings, the Board need not be bound by any such stipulation.

(5) Technical Sessions. A technical session is a meeting during which experts may provide detailed oral or written information in order to facilitate understanding of complex technical issues. The Presiding Officer may convene a technical session if he or she deems that such session would facilitate the conduct of the proceeding. The Presiding Officer shall permit representatives of the applicant, parties and limited participants to attend a technical session and shall make a reasonable effort to schedule and notice the time and place of any such session to permit attendance. Unless otherwise required by the Presiding Officer, technical sessions shall not be transcribed and statements made by any person during a technical session shall not be referred to or considered as evidence in the proceeding or in any subsequent proceeding. Board members, staff and parties may ask questions during a technical session.

(6) Subpoenas. The Presiding Officer may issue, vacate or modify subpoenas, in accordance with the provisions of M.G.L. c. 30A, § 12.

(7) Depositions. The Presiding Officer may at his or her discretion allow a deposition to be taken upon a showing that the person to be deposed cannot make an appearance at the hearing without substantial hardship and that the testimony being sought is significant, not privileged and not discoverable by an alternative means. If the Presiding Officer allows the taking of a deposition, the Presiding Officer shall specify the rules and procedures that will govern said deposition.

(8) Reconsideration. Any party may file a written motion requesting the Presiding Officer reconsider a ruling as long as the motion is received within five days of the issuance of the ruling.

(9) Offers of Proof. Any offer of proof made in connection with an evidentiary ruling shall consist of a statement, which may be in writing, of the substance of the evidence the party making the offer contends would be adduced by such testimony. If the offer of proof consists of documentary evidence, a copy of the document shall be marked for identification and shall constitute the offer of proof.

(10) Site Visit of a Proposed Facility. The Board and Board staff may visit a proposed facility site and any alternative sites in order to facilitate an understanding of the pending matter. A site visit is for informational purposes only and shall not be considered as evidence in the proceeding.

(11) Production or View of Objects. Of his or her own accord, or upon the motion of a party, the Presiding Officer may order the production or view of any object which relates to the subject matter of a proceeding.