Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › HEARING RULES › Section 1.21 - Motions

Current through Register 1525, July 5, 2024
(1)
General
(a)
Presentation of and Opposition
						to Motions
. Any Party may request of the Presiding Officer any order
						or action not inconsistent with law or
						360 CMR
						1.00. Such a request shall be called a motion. The
						provisions of 360 CMR 1.21(2) through (10) shall not be construed to limit a
						Party's right to make a motion, not listed in 360 CMR 1.21(2) through (10), not
						inconsistent with law or
						360 CMR
						1.00. Motions may be made in writing at any time after
						the commencement of an Adjudicatory Proceeding or may be made orally during a
						hearing. Each motion shall set forth the grounds for the desired order or action
						and state whether a hearing is desired. A Party filing a motion shall serve
						together with the motion a statement of reasons, including supporting
						authorities, why the motion should be granted and shall include any other
						information required by
						360 CMR
						1.00. Affidavits and other documents setting forth or
						evidencing facts on which the motion is based shall be filed and served with the
						motion.
Any time within ten days after a written motion is filed, any
							Party may file a written opposition to the motion and shall request a hearing if
							one is desired. With the opposition, the Party may file and serve a statement of
							reasons, together with supporting authorities, why the motion should not be
							allowed. Affidavits and other documents setting forth or evidencing facts on
							which the opposition is based shall be filed and served with the
							opposition.
(b)
Hearings and Rulings on Motions
. The Presiding Officer
						may, in his discretion, act upon any motion, with or without a hearing; except
						that where a Party requests a hearing on a motion to dismiss or for summary
						decision, the Presiding Officer shall not act on the motion without a hearing
						unless it appears from the Papers filed with the Authority that failure to rule
						on the motion before a hearing is held will cause irreparable harm to the moving
						Party, or the public health, safety, welfare or the environment. The decision to
						hold a hearing on any other motion shall be within the discretion of the
						Presiding Officer. The Presiding Officer shall make the decision and based upon
						whether a hearing would be necessary or helpful to a disposition of the motion,
						or is required by law. If the Presiding Officer acts on a motion without a
						hearing, he shall consider all timely filed Papers regarding the motion. If a
						motion is made orally at a hearing, the Presiding Officer may act on the motion
						during the hearing. If the Presiding Officer holds a subsequent hearing on a
						motion made orally at a hearing, notice of the time and place of the hearing
						shall be given to the Parties at least three days in advance. The Presiding
						Officer may grant requests for continuances for good cause shown, or in the event
						of an unexcused absence of a Party, may permit the hearing to proceed and the
						unexcused Party's motion or opposition will be considered on the basis of the
						Papers timely filed by the Party. If the Presiding Officer grants a motion that
						results in a termination of the proceeding, he shall issue a written decision
						pursuant to
						360 CMR
						1.26(c).
(c)
Factual Basis
. At
						a motion hearing, a Party may offer only evidence relevant to the motion. The
						evidence may consist of facts presented orally by sworn testimony, by affidavit,
						or through records, files, depositions, answers to interrogatories, or requests
						for admission of fact.