Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.11 - Procedures for Conducting Remote Hearings and Interviews

Current through Register 1525, July 5, 2024
970 CMR 3.11 provides guidance relating to the use of video
				teleconferencing to conduct:
(1)
			 informal interviews in a variety of circumstances, including interviews with
			 witnesses in enforcement matters;
(2) hearings conducted in the context of
			 enforcement matters, including hearings pursuant to summons or held prior to
			 referral to the Office of the Attorney General, and hearings appealing penalty
			 waiver decisions on late filing of campaign finance reports; and
(3) public hearings prior to the issuance of
			 regulations.
(1)
Informal
			 Interviews Conducted by OCPF
(a)
			 Prior to the interview, OCPF staff will contact the participant to confirm that
			 the participant consents to conducting the interview
via
Zoom
			 or other similar teleconferencing platform and to discuss the general
			 procedures to be expected during the interview. If the participant is unwilling
			 or unable to participate in a virtual interview, OCPF staff will determine
			 whether a telephonic interview will suffice, or if an in-person/video meeting
			 is required. Said determination depends, at least in part, upon the purpose and
			 subject matter of the interview, and whether the participant is the subject of
			 the review or a witness.
(b) OCPF
			 will schedule the interview, using Zoom or other similar teleconference
			 platform, and provide the participants and/or their attorneys with a link via
			 email at least three business days in advance of the interview, if
			 possible.
(c) OCPF may arrange to
			 have an OCPF staff person participate, for the sole purpose of providing
			 technical support during the hearing, or one of the OCPF interviewers may serve
			 in that role.
(d) It is the
			 responsibility of each participant to ensure that they have appropriate
			 technology to participate. If a participant anticipates not having the capacity
			 to participate, the participant must contact OCPF as soon as possible, but at
			 least two business days prior to the interview when practicable.
(e) Generally, informal interviews will not
			 be recorded. Participants are not permitted to create a recording without
			 advance notice and the express written permission of OCPF staff.
(f) Persons being interviewed should visually
			 appear in the interview unless extenuating circumstances prevent such
			 appearance, and only if such presence is excused by OCPF staff prior to the
			 interview (when possible).
(g)
			 During the course of the interview, participants (or their attorneys) may ask
			 to stop the interview or for an opportunity to confer "off the record." In the
			 event the participant asks for an opportunity to confer off the record, OCPF
			 staff will acknowledge the request and the participants should mute their
			 microphones during their conversation. When the participants have returned to
			 the hearing, OCPF staff will notify everyone that the interview will resume at
			 that time. If the participant asks to stop the interview, OCPF staff will halt
			 any substantive discussions.
(h)
			 Supporting or requested documentation may be submitted by email prior to,
			 during, or after the interview.
(i)
			 If additional follow-up interviews or conversations are necessary, OCPF staff
			 may determine that such interviews or conversations may be conducted by phone,
			 or they may choose to request an additional video interview.