Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.08 - Expedited Hearing

Current through Register 1525, July 5, 2024
(1) In
			 Accelerated Docket proceedings, the Department will conduct an expedited
			 hearing between 31 and 34 days after the docketing of the complaint. A
			 Department Presiding Officer will preside at the expedited hearing, administer
			 oaths to witnesses, and time the parties' presentation of their cases. In
			 consultation with the Department technical staff, the Presiding Officer will
			 rule on objections or procedural issues that may arise during the course of the
			 expedited hearing.
(2) Before an
			 expedited hearing, each party will receive a specific time allotment in which
			 it may present evidence and make argument during the expedited hearing. The
			 Presiding Officer will deduct from each party's time allotment any time that
			 the party spends presenting either evidence or argument during the proceeding.
			 The Presiding Officer shall have broad discretion in determining any time
			 penalty or deduction for a party who appears to be intentionally delaying
			 either the proceeding or the presentation of another party's case. Within the
			 limits imposed by its time allotment, a party may present evidence and argument
			 in whatever manner or format it chooses, provided, however, that the submission
			 of written testimony shall not be permitted.
(3) Three days before an expedited hearing,
			 each party to a proceeding shall serve on all other parties a copy of all
			 exhibits that the party intends to introduce during the expedited hearing and a
			 list of all exhibits and witnesses, including expert witnesses, with a general
			 description of the issues on which the witness(es) will offer evidence, that
			 the party may call during the expedited hearing. Service of this material shall
			 be accomplished either by hand, or Electronic Medium as defined in 207 CMR
			 101(2):
Definitions
. Objections to any exhibits or proposed
			 witness testimony will be heard at the beginning of the expedited
			 hearing.
(4) No party will be
			 permitted to call as a witness in an expedited hearing, or otherwise offer any
			 exhibit, unless the individual or exhibit appears on the party's exhibit or
			 witness list. No party will be permitted to present expert evidence unless the
			 party has complied fully with the expert-disclosure requirements. The
			 Department may permit exceptions to the rules in 207 CMR 15.08(4) for good
			 cause shown.
(5) Two days before
			 the beginning of the expedited hearing, parties shall file proposed findings of
			 fact and conclusions of law. These submissions shall not exceed 20 pages per
			 party. Within three days after the conclusion of the expedited hearing, parties
			 may submit revised proposed findings of fact and conclusions of law to address
			 evidence introduced or arguments raised at the expedited hearing. These
			 submissions shall not exceed ten pages per party. Three days after the
			 conclusion of the expedited hearing, parties may also submit short position
			 statements in the nature of abbreviated briefs. The position statements shall
			 not exceed two, single-spaced typewritten pages.