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 14.07 - Settlement by Submission of Documents for Claims of $10,000 or Less

Current through Register 1525, July 5, 2024
(1)
Written Hearing Presumption
. Where no party's claim
			 exceeds $10,000, exclusive of claimed interest and arbitration fees or costs,
			 the dispute shall be resolved by submission of documents (hereinafter called a
			 written hearing), unless any party requests an oral hearing, or the arbitrator
			 determines that an oral hearing is necessary. A party desiring an oral hearing
			 must notify the OCABR and the opposing side within ten business days of the
			 notice of acceptance of the case, or, in the event a counterclaim is timely
			 filed, within five business days after notice of the arbitrator's acceptance of
			 the counterclaim. After that time, an oral hearing may only be granted with the
			 arbitrator's consent.
(2)
Written Hearing Procedures
. The written hearing shall
			 conform to the following procedures:
(a) The
			 parties submit in writing to the OCABR their respective contentions, including
			 a sworn statement of facts, together with such proofs properly verified, as
			 they wish to submit. Briefs or written arguments may also be submitted at this
			 time.
(b) All such documents and
			 proofs submitted by each party shall be filed with the OCABR no later than ten
			 business days after the mailing of the notice by the OCABR calling for their
			 filing. Failure of a respondent to submit documents and proof within the ten
			 business day period shall be deemed a waiver of his or her right to reply
			 subject to the arbitrator's discretion.
(c) All documents and proofs submitted by
			 each party shall be sent to the other party and to the OCABR in
			 duplicate.
(d) Each party may file
			 one written reply to such statements and proofs within a period of ten business
			 days from the date of the arbitration firm's letter to the parties requesting
			 replies. Failure of any party to make such a reply within the specified period
			 of time shall be deemed to be a waiver of the party's right to reply.
(e) When all of the statements, proofs and
			 replies (if any) have been received by OCABR, they shall be transmitted to the
			 arbitrator.
(f) The arbitrator
			 shall examine the documents and request further evidence from either party, or
			 both parties, if necessary, within ten business days of receipt. The documents
			 submitted to the arbitrator and OCABR for the written hearing shall be the
			 official record of the hearing. If the arbitrator does not request further
			 evidence, the written hearing is declared closed at this time and the
			 requirements of
			 201 CMR 14.15 and
			 14.16
			 apply.
(g) Either party may
			 request, on no more than one occasion, that the arbitrator give a seven
			 business day extension following the date of submission required by the
			 arbitrator. Such request must be made prior to the date of submission and shall
			 be granted only upon a showing of good cause.