Current through Register 1536, December 6, 2024
Section 13.13 - Submission Without a Hearing(1) The parties, with the approval of the Department, may jointly elect to waive a hearing and to submit evidence without appearing at the time and place designated for the hearing. Parties who jointly waive the hearing shall supply all documents supporting their allegations or defenses. Stipulations of fact may supplement the documentary evidence in the record.(2) If the parties jointly seek to waive a hearing under this provision, and the Department approves the request, the Department may require the parties to enter into a written statement of Stipulated Facts and Exhibits which shall include the following: (a) A statement of agreement that the parties agree to waive a hearing;(b) A statement of the agreed contents of the entire record;(c) A statement of agreement that any conflict of fact between the statement of Stipulated Facts and Exhibits and the findings contained in the Complaint of Prohibited Practice or within the Respondent's Answer, shall be resolved in favor of the Statement of Stipulated Facts and Exhibits; and(d) A statement that the parties agree not to submit additional facts or exhibits.Amended by Mass Register Issue 1322, eff. 9/23/2016.