Section 21.13 - Hearing Before the Fact-finder, Subpoenas(1)Proceeding in the Absence of a Party. Fact-finding may proceed in the absence of a party who, after notice given in accordance with 456 CMR 21.11, fails to appear for a conference or hearing or to obtain a continuance. The fact-finder may choose not to base the report solely upon the presentation of the appearing party. If any party to the dispute fails to appear or to cooperate with the fact-finder, the fact-finder may determine what further evidence is required and may obtain and use any evidence deemed relevant by the fact-finder. The fact-finder shall disclose to the appearing party the evidence intended to be considered, and shall give the appearing party an opportunity to respond to such evidence.(2)Waiver of Fact-finding Hearing. The parties may agree to waive the fact-finding hearing. The fact-finder is authorized to issue the report on the basis of the documents and stipulations submitted by the parties.(3)Representation. Any party may be represented by counsel or other person of its choosing. Such counsel or representative has exclusive authority to present that party's case.(4)Third Party Intervention. The fact-finder has authority to decide, in consultation with the parties, whether to permit third party intervenors to file any statements, memoranda, or briefs.(5)Order of Proceedings. The fact-finder shall: (a) Obtain from the parties a statement of the issues in dispute;(b) Determine the order in which the parties present their cases. In the case of a unilateral petition, the petitioning party shall ordinarily present its case first;(c) Afford each party a full and fair opportunity to present all relevant evidence;(d) Rule on all objections.(6)Fact-finder's Authority to Issue Subpoenas and Administer Oaths. The fact-finder shall have the authority, upon delegation of the Department, to administer oaths, take the testimony of any person under oath, and issue subpoenas to compel the attendance of witnesses or the production of documents. A request for a subpoena shall be allowed unless it is overbroad, oppressive, or otherwise legally defective.(7)Briefs. Upon the close of the hearing, each party has the right to make an oral argument or to file a brief. The time limits on submission of briefs shall be established by the fact-finder after consultation with the parties. Should the parties wish to make oral arguments, the order of proceeding shall be at the discretion of the fact-finder.Amended by Mass Register Issue 1322, eff. 9/23/2016.