(1)Introduction. Notwithstanding the provisions of M.G.L. c. 90C, 740 CMR 2.04 sets forth the procedures for hearings for violations of 740 CMR 1.00et seq. A person issued a notice of a violation of a provision of 740 CMR 1.00et seq. may make a written request for an appeal hearing before a hearing officer as provided in 740 CMR 2.04.(2)Definitions. Refer to all definitions included in M.G.L. c. 30A and in 740 CMR 1.00et seq. In addition, the following words when used in 740 CMR 2.04 shall have the following meaning. Hearing shall mean an adjudicatory proceeding held under 740 CMR 2.04.
Hearing Officer shall mean the individual(s) authorized by law or designated by the Authority to conduct a hearing. A violation clerk as defined in 740 CMR 1.00et seq. may be designated a hearing officer.
Notice of Violation shall mean the notice of the violation of a provision of 740 CMR 1.00.
Party shall mean any person who is the subject of a notice of a violation of one or more provisions of 740 CMR 1.00et seq.
(3)Representation. (a)Appearance. An individual may appear on his or her own behalf, or may be accompanied, represented and advised by an authorized representative.(b)Authorized Representative. An Authorized Representative shall appear by filing a written notice with the Authority or hearing officer signed by the party represented, except the party's signature is not required when an attorney at law is the authorized representative. The notice shall contain the name, address, telephone number, facsimile number and e-mail address, if available, of the authorized representative and of the party represented and may limit the purpose of the appearance. The filing by an attorney of any pleading, motion or other paper shall constitute an appearance by the attorney who signs it unless the paper states otherwise. An authorized representative may exercise on a party's behalf any rights and powers vested in that party by 740 CMR 2.04.(4)Time. (a)Timely Filing. Parties must file papers required or permitted to be filed with the Authority at the office of the hearing officer as identified on the notice of violation.(b)Manner of Filing. All papers filed by U.S. mail shall be deemed filed on the date contained in the U.S. postal cancellation stamp or U.S. postmark, and not the date contained on a postal meter stamp. Papers filed by all other means shall be considered hand-delivered, and shall be deemed filed on the date received by the Authority prior to 5:00 P.M. Papers received after 5:00 P.M. shall be deemed filed on the following business day.(c)Notice of Authority Action. Notice of actions and other communications from the Authority or its designated hearing officer, shall be presumed to be received on the day of hand delivery or, if mailed, three days after deposit in the U.S. mail. The postmark shall be evidence of the date of mailing.(d)Computation of Time. Unless otherwise specifically provided by applicable law, computation of any time period referred to in 740 CMR 1.00 shall begin with the first day following the act which initiates the running of the time period. The last day of the time period is included unless it is a Saturday, Sunday or legal holiday or any other day on which the office of the Authority is closed, when the period shall run until the end of the next following business day.(5)Filing Format. Papers filed with the Authority shall be titled with the identifying number of the violation notice, the name of the party, the name of the authorized representative, if any, the signature of the party or authorized representative and the address and telephone number of the person signing the papers.(6)Initiation of Hearing. A party may request a hearing by submitting a written request for a hearing in the specified form and within the specified time period as provided on the applicable violation notice.(7)Notice of Hearing. If a party requests a hearing, the Authority shall schedule a hearing to determine whether the Authority shall affirm or dismiss the finding of violation or assessment of penalty. The hearing officer shall give the party written notice of the time, date, place and purpose of the hearing.(8)Failure to Attend. If the party or an authorized representative fails to attend the hearing as scheduled, the hearing officer may enter a default against the party and dismiss the appeal, and the party shall have no further right to appeal either the finding of violation or assessment of penalty.(9)Rights and Duties of Parties. Each party may present his or her own case, and may be assisted by an authorized representative at the party's expense. The party or authorized representative shall have a right to: (b) present and establish all relevant facts and circumstances by oral testimony and documentary evidence;(c) advance any pertinent arguments without undue interference;(d) question or refute any testimony including an opportunity to cross examine adverse witnesses; and(e) examine and introduce evidence from his or her case record, and examine and introduce any other pertinent documents.(10)Evidence. The hearing officer shall admit and consider evidence in accordance with M.G.L. c. 30A, § 11.(11)Decision. After the completion of the hearing, the hearing officer shall render a decision as promptly as administratively feasible in accordance with M.G.L. c. 30A, § 11(8). The decision shall be final. The party shall have the right to appeal the decision in accordance with M.G.L. c. 30A, § 14.