Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.06 - Hearings

Current through Register 1525, July 5, 2024
(1)
Grant of Hearing
. Public hearing will be granted
			 whenever required by statute, and otherwise as the Department may determine in
			 specific cases.
(2)
Calendar
. The Secretary of the Department shall
			 maintain a docket and a hearing calendar of all proceedings set for hearing. So
			 far as practicable, hearings shall be heard in the order in which they have
			 been listed on the Department's docket.
(3)
Place
. All
			 hearings shall be held at the offices of the Department, unless by statute or
			 determination of the Department a different place is designated.
(4)
Hearing List
.
			 When more than one hearing is scheduled for the same time and place,
			 uncontested matters shall be heard before contested matters.
(5)
Notice
.
(a)
Persons
			 Notified
. Except where the Department has issued an order of
			 notice pursuant to 207 CMR 1.06(5)(d), the Department shall give written notice
			 of a scheduled hearing in any pending matter to all parties, to persons
			 required by statute to be notified, to others who have made written request for
			 notice of hearing in a particular matter and to such other persons as deemed
			 necessary or appropriate by the Department. In addition, the Department may
			 give notice by newspaper publication or by such other means as it may deem
			 advisable. In any proceeding pursuant to M.G.L. c. 159, §§ 19 and 20,
			 except for carriers certified pursuant to M.G.L. c. 159, § 12B, and others
			 upon a showing of good cause, the Company shall give notice by publication
			 pursuant to 207 CMR 12.06:
Notice of General Rate Increases to
			 Customers
.
(b)
Contents of Notice
. Such notice shall include, but
			 need not be limited to, the time, date, place, and nature of the hearing.
			 Notice of hearings relating to the issuance or amendment of certificates,
			 permits, or licenses shall include the name of the municipality in which the
			 applicant maintains his or her principal place of business, a brief description
			 of the type of commodity involved (if applicable) and of the area of authority
			 sought and the name and address of applicant's attorney, if his or her
			 appearance has been filed.
(c)
Length of Notice
. Unless otherwise provided by
			 statute, or unless the Department finds that a shorter period of notice is
			 reasonable and consistent with the public interest, notice of a hearing shall
			 be given at least 14 days prior thereto.
(d)
Order of Notice
.
			 The Department may require any person filing an initial pleading to give notice
			 of the hearing on such pleading by publication or other means or both, in which
			 case such person shall receive an order of notice from the Department which
			 shall be returned, with proof of compliance with said order, not later than the
			 commencement of hearing on the petition.
(e)
Continuances
.
			 For good cause shown, the Department or the Presiding Officer may grant a
			 continuance. All requests for continuances shall be made by a motion in
			 accordance with 207 CMR 1.04(5).
(f)
Address
. Unless
			 notice to the contrary has been received by the Department, notices of hearing
			 shall be sufficient if mailed or delivered to the following:
1. If the addressee is a holder of a
			 certificate, permit, or license, the address shown on the last application for
			 the issuance or amendment thereof.
2. If the addressee has a tariff on file, to
			 the address shown on any tariff in effect at the time of notice.
(g)
Notice of Public
			 Hearings on Cable Licensing and Transfers
. The foregoing notice
			 requirements notwithstanding, any public hearing held pursuant to
			 207 CMR
			 3.00:
Cable Licensing
or
			 207 CMR 4.00:
Transfer
			 or Assignment of Control of a Final Cable License
shall require prior
			 public notice identifying the time, place, and purpose of the hearing. The
			 notice shall be published in a newspaper of general circulation in the affected
			 city or town once in each of two successive weeks, the first publication being
			 not less than 14 days before the day of any such hearing. If there is no
			 newspaper in the city or town, the notice shall be posted in a conspicuous
			 place in the city or town hall not less than fourteen days before the day of
			 such hearing. The notice shall also state that any applications, reports,
			 statements, and amendments to be considered at the hearing that constitute
			 public records under state law are available for public inspection during
			 regular business hours and for reproduction at a reasonable fee. Evidence of
			 such notice shall be incorporated in the record of any hearing. The issuing
			 authority shall provide prior public notice for all public hearings held
			 pursuant to
			 207 CMR
			 3.00 and
			 207 CMR 4.00.