Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.06 - Procedures Where Formal Hearing is Waived

Current through Register 1525, July 5, 2024
(1)
Applicability
. The procedures set forth in 220 CMR
		45.06 apply only if no party requests and is granted a hearing. If a full
		hearing is to be convened, the procedures contained in
		207 CMR 1.06:
Hearings
and
		220 CMR 1.06:
Hearings
shall apply.
(2)
Notice
. The
		Department shall give public notice by such means as it deems appropriate,
		consistent with due process, that a complaint has been filed and docketed. Such
		notice shall include a brief description of the complaint and shall set a time
		limit for filing of petitions to intervene. That time limit shall be no shorter
		than 14 days after such public notice.
(3)
Intervention
.
		The procedures outlined in
		207 CMR
		1.03:
Appearances; Intervention and
		Participation; Parties
and
		220 CMR
		1.03:
Appearances; Intervention and
		Participation; Parties
shall generally apply to petitions to intervene
		under 220 CMR 45.06. If a person is allowed by the Department to intervene, the
		ruling on intervention shall be in writing and shall inform the petitioner of
		its right to a hearing, its responsibility to request a hearing within seven
		days after service of the ruling, and of the consequence of failure to make
		such a request (namely, waiver of the right to a hearing on the ruling). If a
		hearing is requested and granted, the procedures set forth in
		207 CMR 1.06:
Hearings
and
		220 CMR 1.06:
Hearings
shall apply.
(4)
Reply and
		Comments
. The complainant shall have 20 days from the date the
		response is served to file a reply. Any person permitted to intervene as a
		party shall have the opportunity to file comments with the Department not later
		than 20 days after issuance of the Order permitting intervention. Any such
		comments shall be served on all parties and the parties may file a reply to the
		comments within 20 days after service. Unless authorized by the Department, no
		further filings shall be considered.
(5)
Meetings and Evidentiary
		Proceedings
. The Department may decide each complaint upon the
		filings and information before it, may require one or more informal meetings
		with the parties to clarify the issues or to consider settlement of the
		dispute, or may, in its discretion, order evidentiary proceedings upon any
		issues.
(6)
Department
		Consideration of Complaint
. In its consideration of the complaint,
		response, reply, and comments, the Department may take notice of any
		information contained in publicly available filings made by the parties and may
		accept, subject to rebuttal, studies that may have been conducted. The
		Department may also request that one or more of the parties make additional
		filings or provide additional information. Where one of the parties has failed
		to provide information required to be provided by
		220 CMR 45.00 or requested by
		the Department, or where costs, values or amounts are disputed, the Department
		may estimate such costs, values or amounts it considers reasonable on the basis
		of available evidence of record, or may decide adversely to a party who has
		failed to supply requested information which is readily available to it, or
		both.