Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.04 - Definitions

Current through Register 1525, July 5, 2024
Unless the context specifically indicates otherwise, the
							meaning of the terms used in
							360 CMR
							1.00 shall be those defined in
							360 CMR 2.04:
Definitions
and 10.004:
Definitions
and as
							follows:
Adjudicatory Proceeding
shall mean a
							proceeding before the Authority in which the legal rights, duties, or privileges
							of specifically named persons are required by constitutional right, or by any
							provision of Massachusetts law or regulations to be determined after opportunity
							for a hearing before the Authority, but does not include:
(a) proceedings solely to determine whether the Authority shall
							institute or recommend institution of proceedings in a court;
(b) proceedings for the arbitration of labor disputes
							voluntarily submitted by the parties to such disputes;
(c) proceedings for the disposition of grievances of employees
							of the Authority; or
(d) proceedings to classify, reclassify, allocate, or
							reallocate appointive offices and positions in the Authority.
Agency
shall mean any department,
							board, commission, division, authority, or other entity within the executive
							branch of the federal government or the state government, any subdivision of any
							of the foregoing, any municipality, or any official of the executive branch of
							the federal government or of a state government or municipality.
Authorized Representative
shall mean
							an attorney, legal guardian, or other person authorized by a Party to represent
							it in an Adjudicatory Proceeding.
Electronic Medium
. Any device used to
							transmit information electronically including, but not limited to, facsimile and
							e-mail.
Notice of Action
shall mean a document
							required to be issued by the Authority whenever an Adjudicatory Proceeding may be
							initiated as a result of an action taken or intended to be taken by the
							Authority. The documents that are Notices of Action shall include Penalty
							Assessment Notices, rulings on requests for reconsideration issued pursuant to
							360
							CMR 2.21(3), and Orders to
							Show Cause.
Papers
shall mean all written
							communications filed in an Adjudicatory Proceeding, including motions, pleadings,
							and other documents.
Party
shall mean the specifically
							named Person whose legal rights, duties, or privileges are being determined in an
							Adjudicatory Proceeding; any Person who as a matter of constitutional right or by
							any provision of Massachusetts law or regulation is entitled to participate in
							the Adjudicatory Proceeding and who makes an appearance pursuant to
							360 CMR 1.05; and
							any Person allowed by the Presiding Officer to intervene in the Adjudicatory
							Proceeding.
Petitioner
shall mean the Person who
							initiates an Adjudicatory Proceeding.
Presiding Officer
shall mean the
							individual authorized by law or duly designated by the Authority to conduct
							Adjudicatory Proceedings.
Respondent
shall mean the Person who
							must respond to a Notice of Claim for Adjudicatory Proceeding or Order to Show
							Cause.