Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 13.00 - Arbitration
Section 13.04 - Conduct of Hearings

(1) Schedule. Upon selection, the arbitrator(s) shallschedule a prehearing conference and a formal hearing. The arbitrator(s) shall hold a prehearing conference with the parties or their counsel for clarification of the issues and stipulation of uncontested facts, so as to expedite the arbitration proceedings. The formal hearing and any subsequent hearings may be held when and as often as the arbitrator(s) deem(s) necessary, within the 45 day time period for arbitration.

(2) Ex Part e Communications. No party or other person directly or indirectly involved in arbitration shall submit to the arbitrator(s) any evidence, argument, analyses or advice, whether written or oral, regarding any matter at issue in the arbitration unless such submission is part of the record or made in the presence of all parties. 990 CMR 13.04 does not apply to consultation among arbitrators.

(3) Right to Attend. Members of the local assessment committee, the developer or his representatives, witnesses, legal counsel and technical experts for either party are entitled to attend hearings. The arbitrator or the chairman of the arbitration panel shall otherwise have the authority to determine the propriety of the attendance of any other person, and shall further have the authority to exclude any person whom he determines is disrupting the orderly process of the hearing.