Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › HEARING RULES › Section 1.20 - Initiation of Adjudicatory Proceeding, Answer, and Amendment of Pleadings

Current through Register 1525, July 5, 2024
(1)
Claim for Adjudicatory
						Proceeding
. Any Person having a right to an adjudicatory proceeding
						shall commence such a proceeding by filing a written Claim for Adjudicatory
						Proceeding. Such Claim shall be filed with the Authority within the time
						prescribed by any applicable provision of law or regulation or, in the absence of
						a prescribed time period, within 21 days from the date of said Person's receipt
						of a Notice of Action from the Authority giving rise to the right to the
						Adjudicatory Proceeding.
A Claim for Adjudicatory Proceeding shall state clearly and
							concisely the facts and issues which are grounds for the proceeding, the relief
							sought, and any additional information required by applicable statutes and
							regulations. The Authority may provide forms to be used for a Claim for
							Adjudicatory Proceeding.
(2)
Order to Show Cause
. Whenever the Authority desires to
						initiate an Adjudicatory Proceeding it may commence a proceeding by issuing an
						Order to Show Cause setting forth the grounds for the Order. An Order to Show
						Cause shall contain a statement of the legal and factual grounds for the Order,
						including the legal authority for commencing the proceeding and issuing the
						relief sought.
(3)
Answer
. Within 21 days of the filing of a Claim for
						Adjudicatory Proceeding or an Order to Show Cause, the Respondent shall file an
						Answer. The Answer shall contain full, direct and specific responses to each
						claim set forth in the Claim or Order and shall admit or deny the averments
						contained therein. If the Party filing the Answer is without knowledge or
						information sufficient to form a belief as to the truth of an averment, he shall
						so state and this has the effect of a denial. The Answer shall contain all
						affirmative defenses to the claims stated in the Claim or Order and may cite the
						statute(s) and/or regulation(s) which form the basis of each defense. All
						averments contained in the Claim or Order which are not specifically admitted in
						the Answer shall be deemed denied. All new matters contained in the Answer shall
						be treated as if denied.
(4)
Authority Answer
. The Authority shall not be required to
						file an Answer if, at the time the Authority took the action being appealed, the
						Authority disclosed to the Petitioner the material facts upon which the Authority
						relied in taking such action and the statutes and/or regulations which authorized
						or required the Authority to take such action. Notwithstanding the foregoing, the
						Presiding Officer may on his own initiative or upon the motion of any Party,
						order the Authority to file an Answer.
(5)
Amendment of
						Pleadings
. A Party may amend its pleadings only by leave of the
						Presiding Officer or by written consent of the adverse Party; leave shall be
						freely given when justice requires.