Section 23.07 - Arbitration Hearing before the Department(1)Proceeding in the Absence of a Party. Arbitration may proceed in the absence of a party who, after notice is given in accordance with 456 CMR 23.04(1), fails to appear or to obtain a continuance. The Department shall investigate the circumstances surrounding a party's failure to be present and, under extraordinary circumstances, may reopen the record to allow the introduction of additional evidence by the party who had failed to appear, subject to rebuttal by the appearing party.(2)Representation. A party may be represented by counsel or other person of its choosing. Such counsel or representative has the exclusive authority to present that party's case.(3)Last Chance Grievance Mediation. Directly preceding the scheduled arbitration hearing and upon agreement of the parties, a mediator may assist the parties in a final attempt to settle the grievance. The conduct of such mediation shall be governed by 456 CMR 22.03 through 22.06.(4)Conduct of Proceedings. The arbitrator shall have the authority and responsibility for the conduct of the arbitration proceedings and shall have sole discretion in deciding any issues of procedure. The arbitrator shall: (a) Attempt to obtain from the parties a joint statement of the issue(s) in dispute, and shall unilaterally frame the issue if the parties do not agree;(b) Determine the order of presentation;(c) Record the date, time, and place of each hearing, and the names of the counsel or representatives and of all others present;(d) Administer oaths or affirmations;(e) Afford each party a full and fair opportunity to present relevant evidence and argument;(f) Require the parties to submit additional evidence that the arbitrator deems necessary to an understanding and determination of the dispute;(g) Rule on the admissibility of evidence; and (h) Rule on all objections.(5)Transcript or Recording of Proceedings. To obtain a stenographic record of the proceedings a party shall make arrangements directly with a stenographer and shall notify the other party of such arrangements in advance of the arbitration hearing. The requesting party or parties shall pay the cost of such record. The remaining party or parties may purchase a copy from the stenographer. Such transcript shall be the official record of the proceedings, and a copy shall be provided to the arbitrator free of charge. The arbitrator's copy of the transcript shall be made available to the parties for inspection at a time and place determined by the arbitrator. The arbitrator, but not the parties, may make an unofficial recording of the proceedings strictly for the arbitrator's own use.(6)Closing of Hearings. When the arbitrator determines that all of the evidence has been offered, the hearing shall be closed. The arbitrator may reopen the record for good cause shown. Parties have the right to make oral closing arguments or to submit written briefs. The time limits on submission of briefs shall be established by the arbitrator after consultation with the parties. Should the parties request to make oral argument, the arbitrator shall determine the order of proceeding.(7)Submission of Briefs. Any briefs submitted in arbitration proceedings before the Department shall be submitted to the Department in accordance with the provisions of 456 CMR 12.12: Filing with the Department.Amended by Mass Register Issue 1322, eff. 9/23/2016.