Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 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.
(3)
Place
. All hearings shall be held at Boston at the
		offices of the Department, unless by statute or vote of the Commission a
		different place is designated.
(4)
Notice
.
(a)
Persons Notified
. Except where the Department has
		issued an order of notice pursuant to 220 CMR 1.06(4)(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. 164, § 94;
		M.G.L. c. 159, §§ 19, 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
		220
		CMR 5.06:
Notice of General Rate
		Increases to Customers of Gas, Electric, Water and Telephone
		Companies
.
(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 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 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 that 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 Commission or
		the presiding officer may grant a continuance. All requests for continuances
		shall be made by a motion in accordance with
		220 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 tariffs on file, to
		the address shown on any tariff in effect at the time of notice.