Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 11.00 - Licensing Of Hydropower Generating Facilities › Section 11.05 - Appeals to the Council

Current through Register 1525, July 5, 2024
(1)
Scope
. 980 CMR 11.05 shall apply to appeals under
			 M.G.-c. 164, § 69H½ to the Council or its hearing officer by
			 parties aggrieved by action or failure to act on the part of any permitting and
			 licensing agency.
(2)
Application of
			 980 CMR 1.00
.
			 The following regulations from
			 980 CMR 1.00 apply to appeals
			 under 980 CMR 11.05: Docket [1.02(1)], Signatures [1.02(4)], Date of Receipt
			 [1.02(5)], Extensions of Time [1.02(6)], Ex Parte Communications [1.02(7)],
			 Notice of Hearing [1.03(3)], Prehearing Conferences [1.03(5)], Hearings,
			 Hearing Officer [1.04(1)], Motions [1.04(3)], Evidence, Privileges [1.04(4)],
			 Matters for Offical Notice [1.04(5)], Objections and Offers of Proof [1.04(6)],
			 Production of View of Objects [1.04(7)], Oral Arguments and Briefs [1.04(8)],
			 Subpoenas [1.05(1)], Intervention [1.05(2)], Participation [1.05(3)],
			 Substitution of Parties [1.05(4)], Consolidation [1.05(5)], Depositions
			 [1.05(6)], Continuances [1.05(7)], Conferences [1.05(8)], Stipulations
			 [1.05(9)], Written Testimony [1.05(10)], Post Hearing Filings [1.05(11)],
			 Re-Opening Hearings [1.05(12)], Form of Decisions [1.06(1)], Settlements
			 [1.06(2)], Tentative Decisions [1.06(3)], Opportunity for Review of Tentative
			 Decisions [1.06(4)], Final Decisions [1.06(5)], Notice of Decisions
			 [1.06.(6)].
(3)
Who Mav
			 Appeal
. Parties aggrieved by an agency action or failure to act
			 may appeal. Parties aggrieved include the developer and any party to the agency
			 proceedings determined by the Council to be specifically and substantially
			 affected by those proceedings.
(4)
Settlement of Appeal
. Before filing an appeal, a party
			 aggrieved must contact the Council. The Council shall notify the other parties
			 to the proceedings below, as well as the agency being appealed, and may require
			 an informal settlement conference before the appeal can be filed. Said
			 conference should be held within ten days after the Council has been
			 contacted.
(5)
Time for
			 Appeal
. An appeal under 980 CMR 11.05 must be filed within 20 days
			 after the agency's action or failure to act, or within ten days after the
			 conclusion of the 980 CMR 11.05(4) settlement conference, whichever is later.
			 An agency is not deemed to have "acted or failed to act" until after the party
			 aggrieved has exhausted his administrative remedies.
(6)
Filing
. Papers
			 or documents relating to appeals under 980 CMR 11.05 shall be delivered by hand
			 or mailed to the Council or its designated hearing officer. They shall be
			 deemed filed on the date received by the Council. Papers or documents filed
			 shall be titled: " 980 CMR 11.05 Appeal by ____________________(party
			 Aggrieved) from_______________________________________(Agency)."
(7)
Appeal
. An
			 appeal filed under 980 CMR 11.05 shall contain the following:
(a) The name, address and the phone number of
			 the appellant and attorney, if any;
(b) The name of the respondent
			 agency;
(c) The names and addresses
			 of any other participants or parties to the earlier proceedings with the
			 respondent agency;
(d) A
			 description of the action or failure to act which is being appealed, and a
			 brief outline of procedural steps already taken;
(e) A description of facts and documentation
			 in support of appellant's claim for relief;
(f) Argument on the issues of energy needs,
			 cost and environmental impact;
(g)
			 A description of the relief being sought;
(h) A description of efforts which have been
			 and are being made to resolve or settle the dispute; and
(i) Where adjudicatory proceedings have been
			 conducted by the agency being appealed, a full record of said agency decision.
			 Appellant shall request that the agency issue findings of fact and conclusions
			 of law, and shall provide these.