Section 1.20 - Initiation of Adjudicatory Proceeding, Answer, and Amendment of Pleadings(1)Claim for Adjudicatory Proceeding. Any Person having a right to an adjudicatory proceeding shall commence such a proceeding by filing a written Claim for Adjudicatory Proceeding. Such Claim shall be filed with the Authority within the time prescribed by any applicable provision of law or regulation or, in the absence of a prescribed time period, within 21 days from the date of said Person's receipt of a Notice of Action from the Authority giving rise to the right to the Adjudicatory Proceeding. A Claim for Adjudicatory Proceeding shall state clearly and concisely the facts and issues which are grounds for the proceeding, the relief sought, and any additional information required by applicable statutes and regulations. The Authority may provide forms to be used for a Claim for Adjudicatory Proceeding.
(2)Order to Show Cause. Whenever the Authority desires to initiate an Adjudicatory Proceeding it may commence a proceeding by issuing an Order to Show Cause setting forth the grounds for the Order. An Order to Show Cause shall contain a statement of the legal and factual grounds for the Order, including the legal authority for commencing the proceeding and issuing the relief sought.(3)Answer. Within 21 days of the filing of a Claim for Adjudicatory Proceeding or an Order to Show Cause, the Respondent shall file an Answer. The Answer shall contain full, direct and specific responses to each claim set forth in the Claim or Order and shall admit or deny the averments contained therein. If the Party filing the Answer is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. The Answer shall contain all affirmative defenses to the claims stated in the Claim or Order and may cite the statute(s) and/or regulation(s) which form the basis of each defense. All averments contained in the Claim or Order which are not specifically admitted in the Answer shall be deemed denied. All new matters contained in the Answer shall be treated as if denied.(4)Authority Answer. The Authority shall not be required to file an Answer if, at the time the Authority took the action being appealed, the Authority disclosed to the Petitioner the material facts upon which the Authority relied in taking such action and the statutes and/or regulations which authorized or required the Authority to take such action. Notwithstanding the foregoing, the Presiding Officer may on his own initiative or upon the motion of any Party, order the Authority to file an Answer.(5)Amendment of Pleadings. A Party may amend its pleadings only by leave of the Presiding Officer or by written consent of the adverse Party; leave shall be freely given when justice requires.Amended by Mass Register Issue 1399, eff. 9/6/2019.