Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.09 - Supplemental Procedures

Current through Register 1525, July 5, 2024
(1)
Re-opening Hearings
. A party may, at any time before
			 the Board renders a final decision, move that the hearing be reopened for the
			 purpose of receiving new evidence. The motion should clearly show good cause
			 for re-opening the hearing, state the nature and relevance of the evidence to
			 be offered and explain why the evidence was unavailable at the time of the
			 hearing.
(2)
Consolidation
. The Presiding Officer may consolidate
			 proceedings involving a common question of law or fact for hearing or decision
			 on any or all of the matters at issue in such proceedings.
(3)
Referral by the
			 Department
. Acting under the provisions of M.G.L. c. 25, § 4,
			 in order to promote efficiency in administration, the Chairman of the
			 Department of Public Utilities may refer matters to the Siting Board for review
			 and approval or rejection of petitions pursuant to M.G.L. c. 164, §
			 69H(2).
(4)
Stipulations
. At the discretion of the Presiding
			 Officer, the parties may agree upon any fact or issue pertinent to the
			 proceeding, either by filing a written stipulation at any point in the
			 proceeding, or by making an oral stipulation at the hearing. In making
			 findings, the Board need not be bound by any such stipulation.
(5)
Technical
			 Sessions
. A technical session is a meeting during which experts
			 may provide detailed oral or written information in order to facilitate
			 understanding of complex technical issues. The Presiding Officer may convene a
			 technical session if he or she deems that such session would facilitate the
			 conduct of the proceeding. The Presiding Officer shall permit representatives
			 of the applicant, parties and limited participants to attend a technical
			 session and shall make a reasonable effort to schedule and notice the time and
			 place of any such session to permit attendance. Unless otherwise required by
			 the Presiding Officer, technical sessions shall not be transcribed and
			 statements made by any person during a technical session shall not be referred
			 to or considered as evidence in the proceeding or in any subsequent proceeding.
			 Board members, staff and parties may ask questions during a technical
			 session.
(6)
Subpoenas
. The Presiding Officer may issue, vacate or
			 modify subpoenas, in accordance with the provisions of M.G.L. c. 30A, §
			 12.
(7)
Depositions
. The Presiding Officer may at his or her
			 discretion allow a deposition to be taken upon a showing that the person to be
			 deposed cannot make an appearance at the hearing without substantial hardship
			 and that the testimony being sought is significant, not privileged and not
			 discoverable by an alternative means. If the Presiding Officer allows the
			 taking of a deposition, the Presiding Officer shall specify the rules and
			 procedures that will govern said deposition.
(8)
Reconsideration
.
			 Any party may file a written motion requesting the Presiding Officer reconsider
			 a ruling as long as the motion is received within five days of the issuance of
			 the ruling.
(9)
Offers
			 of Proof
. Any offer of proof made in connection with an
			 evidentiary ruling shall consist of a statement, which may be in writing, of
			 the substance of the evidence the party making the offer contends would be
			 adduced by such testimony. If the offer of proof consists of documentary
			 evidence, a copy of the document shall be marked for identification and shall
			 constitute the offer of proof.
(10)
Site Visit of a Proposed Facility
. The Board and Board
			 staff may visit a proposed facility site and any alternative sites in order to
			 facilitate an understanding of the pending matter. A site visit is for
			 informational purposes only and shall not be considered as evidence in the
			 proceeding.
(11)
Production or View of Objects
. Of his or her own
			 accord, or upon the motion of a party, the Presiding Officer may order the
			 production or view of any object which relates to the subject matter of a
			 proceeding.