Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 127.00 - Reopening Mitigation Agreements › Section 127.05 - Renegotiation and Arbitration

Current through Register 1525, July 5, 2024
If the parties are unable to come to terms on an amended
				mitigation agreement within 60 days of the commission's order, the parties
				shall enter into binding arbitration. The arbitration shall be limited to
				incorporating into the mitigation agreement measures necessary and reasonable
				to mitigate the significant and material adverse impact(s). The following shall
				apply to any such arbitration:
(1) The
			 parties may, by mutual agreement, engage in this binding arbitration process at
			 any time after the date the commission determines that a triggering event has
			 occurred in accordance with
			 205 CMR
			 127.02; provided, however, the parties must
			 engage in this binding arbitration process if no amended mitigation agreement
			 is filed with the commission within 60 days after the date the commission
			 determines that a triggering event has occurred in accordance with
			 205
			 CMR 127.04; provided further that the parties
			 may execute an amended mitigation agreement at any time during the arbitration
			 process.
(2) The parties shall file
			 with the commission a notice of intent to commence arbitration prior to
			 selecting an arbitrator.
(3) No
			 later than five days after filing with the commission of a notice of intent to
			 arbitrate, the parties shall select a neutral, independent arbitrator and
			 submit their best and final offer relative to amending the mitigation agreement
			 to the arbitrator and to the other party. If they cannot mutually select such
			 single arbitrator, each party shall select one neutral, independent arbitrator
			 who shall then mutually choose a third neutral, independent arbitrator. In the
			 event that a third neutral, independent arbitrator is not selected within the
			 five day period, the commission or its designee shall select the third neutral,
			 independent arbitrator. The three arbitrators shall preside over the matter and
			 resolve all issues, including the final decision, by majority vote.
(4) The reasonable fees and expenses of the
			 single arbitrator shall be paid by the applicant/ licensee. In the event that
			 three arbitrators are engaged, two thirds of the reasonable fees and expenses
			 shall be paid by the applicant and one third shall be paid by the community or
			 venue.
(5) Within 45 days after
			 receipt of the parties' submissions under 205 CMR 127.05(3), the arbitrator(s)
			 shall conduct any necessary proceedings and file with the commission, and issue
			 to the parties, a report specifying the amended terms of the mitigation
			 agreement between the parties. In reaching the final decision, the
			 arbitrator(s) shall select the best and final offer of one of the parties and
			 incorporate those terms into the report. The arbitrator(s), however, may make
			 any adjustments to the best and final offer necessary to ensure that the report
			 is consistent with M.G.L. c. 23K, § 15(9) and (10) as applicable, and that
			 it preserves the original mitigation agreement to the maximum extent
			 reasonable.
(6) No later than five
			 days after the issuance of the report of the arbitrator(s) as provided in 205
			 CMR 127.05(5), the parties shall either sign an addendum to the original
			 mitigation agreement or an amended mitigation agreement consistent with the
			 arbitrator's report or sign an independently negotiated addendum. In the event
			 that they fail to do so, the arbitrator's report shall be binding on the
			 parties.
(7) The parties may, by a
			 mutual agreement in writing filed with the commission, extend any of the
			 timelines set forth in
			 205 CMR 127.00.