Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 1.00 - Adjudicatory Proceedings › Section 1.01 - Adjudicatory Proceeding Rules for the Department of Environmental Protection

Current through Register 1525, July 5, 2024
(1)
Authority, Scope,
			 Construction and Definitions.
(a)
Authority and
			 Scope
. 310 CMR 1.01 is promulgated under the authority of M.G.L.
			 c. 30A, § 9. 310 CMR 1.01 governs the conduct of adjudicatory appeals and
			 adjudicatory hearings of the Department of Environmental Protection under
			 M.G.L. c. 30A.
			 310
			 CMR 1.03 is also applicable to adjudicatory
			 proceedings before the Department. The Commissioner of the Department has the
			 authority to issue final decisions and may designate as Presiding Officers
			 other persons or agencies to conduct adjudicatory hearings. The Commissioner
			 shall designate qualified, impartial attorneys to serve as Presiding Officers.
			 The Commissioner may take any action that a Presiding Officer is authorized to
			 take under 310 CMR 1.01. To further effectuate 310 CMR 1.01, the Commissioner
			 may issue directives including, without limitation, case handling time lines
			 and quantitative limits on submissions and presentations by the parties.
			 Directives or standing orders may be obtained from the Department.
(b)
Construction
.
			 310 CMR 1.01 shall be construed to secure a just and speedy determination of
			 every appeal. Issues not addressed in 310 CMR 1.01 or for which a party seeks
			 clarity are to be considered in light of the entire M.G.L. c. 30A.
(c)
Definitions
.
Adjudicatory Appeal
or
Appeal
means the portion of an adjudicatory proceeding
				initiated by filing a notice of claim with the Department and concluded by a
				final decision.
Adjudicatory Hearing
or
Hearing
means a hearing under M.G.L. c. 30A, where
				parties may present evidence on issues of fact, and argument on issues of law
				and fact prior to the Commissioner's issuance of a final decision.
Adjudicatory Proceeding
means a
				proceeding under M.G.L. c. 30A that may culminate in an adjudicatory hearing
				and the Commissioner's issuance of a final decision. It is a proceeding before
				the Department in which the legal rights, duties or privileges of specifically
				named persons are required by constitutional right, by provision of M.G.L. c.
				30A, or by any other provision of the General Laws to be determined, after
				opportunity for a Department hearing, but does not include the types of
				proceedings described in M.G.L. c. 30A, § 1(a) through (f).
Authorized Representative
means an
				attorney, legal guardian or other person authorized to represent a party in an
				adjudicatory appeal.
Alternative Dispute Resolution
means
				any of several processes intended to resolve disputes other than by traditional
				trial-type proceedings. These processes include, without limitation, mediation
				and case evaluation.
Commissioner
means the Commissioner of
				the Department of Environmental Protection.
Department
means the Massachusetts
				Department of Environmental Protection.
Deposition
means testimony of a
				witness taken outside the presence of the Presiding Officer, under oath, with
				opportunity for cross-examination and making objections, in the form of a
				transcript signed by the witness.
Directive
means a public document
				issued by the Commissioner requiring Department employees and parties to take
				specific actions or follow specific procedures, to further effectuate the
				provisions of 310 CMR 1.01.
Electronic Medium
means any device
				used to preserve or transmit written information electronically, including but
				not limited to facsimile and email.
File
means to deliver by authorized
				means in accordance with 310 CMR 1.01(3)(a).
Final Decision
means the decision
				issued by the Commissioner, consistent with the requirements of 310 CMR
				1.01(14)(b), from which any party may seek judicial review pursuant to M.G.L.
				c. 30A, § 14(1).
Law
means statutes, regulations, and
				common law of the Commonwealth of Massachusetts.
Motion
means a request for relief
				which may be granted or denied by a ruling or an order.
Notice of Appearance
means a paper
				signed by an individual stating that the signer is the authorized
				representative of a party in a particular adjudicatory appeal.
Notice of Claim for an Adjudicatory
				Appeal
or
Notice of Claim
means the first
				pleading in an adjudicatory proceeding; it is filed by the petitioner.
Notice of Department Action
means a
				document notifying the recipient of a Department action, including, without
				limitation, enforcement orders, penalty assessment notices under
				310 CMR
				5.00, and permit or license decisions.
Offer of Proof
means a statement of
				those facts a party would expect to prove through a response of a witness to a
				question asked at the hearing and excluded by the Presiding Officer.
Papers
means all written
				communications filed in an adjudicatory appeal, including motions, pleadings,
				and other documents.
Party
means a specifically named
				person whose legal rights, duties or privileges are being determined in an
				adjudicatory proceeding; another person who as a matter of constitutional right
				or by any provision of the General Laws is entitled to participate fully in the
				proceeding; any person or group of persons allowed to intervene; any person or
				group identified as a party in Department regulations, and the
				Department.
Person
means an individual or legal
				entity.
Petitioner
means the party who
				initiates an adjudicatory appeal.
Presiding Officer
means the
				individual(s) authorized by law or designated by the Commissioner to conduct,
				in whole or in part, an adjudicatory appeal.
Respondent
means a party other than
				the petitioner who may answer or otherwise respond to allegations and arguments
				of the petitioner.
Settlement
means a paper signed by all
				parties, or by the parties who move to have a settlement adopted, resolving all
				the issues in an appeal, consistent with 310 CMR 1.01(8)(c)2.
Simplified Hearing
means a hearing
				described in 310 CMR 1.01(8)(a).
Standing Order
means a public document
				issued by the Department ordering specific action by parties in all or in some
				categories of appeals.
Stipulation
means an agreement between
				two or more parties to an adjudicatory appeal, concerning one or more issues of
				fact or law which are the subject of the appeal.
Subpoena
means a legal document that
				requires a person to appear at a hearing or a deposition to testify or to bring
				documents or physical objects.