Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.13 - The Hearing

Current through Register 1525, July 5, 2024
(1)
Single Arbitrator
. A single arbitrator shall preside
			 over each hearing, unless otherwise determined by OCABR. The conduct of the
			 hearing shall encourage a full and complete disclosure of the facts.
(2)
Four Hour Hearing
			 Limit
. The hearing shall last no longer than four hours. If the
			 arbitrator determines that additional time is necessary to obtain sufficient
			 evidence to render an award, the arbitrator may extend the hearing time. The
			 hearing may also be extended upon the agreement of each of the parties and the
			 arbitrator. When a hearing is extended, the arbitrator may charge an hourly
			 rate for the additional time, which will be equally shared by the parties. The
			 arbitrator shall be required to account for the additional time in the final
			 award. The arbitrator may not charge for site inspections and consultations and
			 such fees will not be considered in calculating the four-hour hearing
			 limit.
(3)
Arbitration
			 Hearing Record
. The arbitrator shall record the hearing. Said
			 recording shall be the official record of the hearing and the parties may not
			 make independent recordings of the hearing. Copies of the official recording
			 may be obtained from OCABR for a nominal fee. The formal rules of evidence
			 shall not apply.
(4)
Oath
. The arbitrator shall administer an oath or
			 affirmation to each individual who testifies.
(5)
Evidence
			 Presentation
. The parties may introduce any relevant evidence that
			 will assist the arbitrator in making a decision. Unduly repetitious or clearly
			 irrelevant evidence may be excluded. It shall, however, be in the arbitrator's
			 sole discretion whether to allow such evidence.
(6)
Completeness
			 Responsibility
. Each party is responsible for presenting all his
			 or her evidence in a concise manner on the day(s) of the hearing.
(7)
Questions of Opposing
			 Party
. The arbitrator shall allow each party to question the other
			 after his or her presentation and shall allow questions of each witness after
			 his or her testimony. The arbitrator may question any party or witness at any
			 time.
(8)
Order of
			 Hearing
. The arbitrator shall determine the order of the
			 hearing.
(9)
Oral
			 Hearing Presumption
. The hearing procedure presupposes that both
			 parties and their designated agent will be present. However, within the
			 arbitrator's discretion, either party may offer written testimony only, so long
			 as the arbitrator and the other party are informed of such and are in receipt
			 of the evidence at least seven business days prior to the day of the hearing.
			 Written hearings shall be conducted pursuant to the procedures set out in
			 201
			 CMR 14.07(2).
(10)
Sworn
			 Statement
. All written testimony shall include a statement signed
			 by the witness under oath that his or her testimony is true.
(11)
Discretionary Arbitrator
			 Consultations
. The arbitrator may consult with the building
			 inspector or any other expert witness for technical advice or testimony. The
			 arbitrator shall provide a report of any such consultation to all parties. The
			 arbitrator may in his or her discretion allow rebuttal to the report.
(12)
Unmanageable
			 Hearings
. After a warning, the arbitrator may terminate any
			 hearing that becomes unmanageable due to the behavior of either party and enter
			 judgment by default against the party whose behavior made the hearing
			 unmanageable.
(13)
Additional Good Cause Hearings
. For good cause shown
			 as determined by the arbitrator, the arbitrator may schedule one additional
			 hearing after the initial hearing within a reasonable time period as determined
			 by the arbitrator. The arbitrator shall charge an hourly rate for his or her
			 time.
(14)
Non-compliance Orders
. If either party fails to comply
			 with
			 201 CMR 14.00, the arbitrator
			 or OCABR shall make such orders as are just.