Current through Register 1536, December 6, 2024
Section 101.10 - Briefs and Post-Hearing Procedure(1)Briefs. Briefs may be filed by a party or any interested person either before or during the course of a hearing, or within such time thereafter as the Division shall designate. Failure to file a brief shall in no way prejudice the rights of any party.(2)Filing of Documents Subsequent to Hearing. The Division may, for good cause shown, allow the parties to file evidentiary documents of any kind, or exhibits, at a time subsequent to the completion of the hearing, such time to be determined by the Division. If a request for such sub sequent filing is granted, the requesting party shall, on or before the date set for filing, send copies of all documents or exhibits which are the subject of the request to all other parties. If such requirement for copies is impracticable, the Division may suspend the above provision; in such cases, the Division shall allow reasonable inspection of the original by all parties.(3)Reopening Hearings. A party may, at any time prior to the rendering of a decision by the Division, move that the hearing be reopened for the purpose of receiving new evidence. Such motions shall be filed in accordance with the provisions of 950 CMR 101.03 and shall be granted only for good cause shown. The Division shall notify all parties of its action upon the motion. Notwithstanding the above, the Division may, at any time prior to the rendering of a decision, reopen the hearing on its own motion. In case of such reopening on motion of the Division, the parties shall be notified, and the hearing shall be convened not less than five days after the sending of such notice.(4)Rehearing. Any party may file a motion for rehearing, reargument, or reconsideration within 30 days after a receipt of a final decision of the Division. Such motion shall be filed in accordance with 950 CMR 101.03 and in addition, shall include a statement of all matters alleged to have been erroneously decided and if applicable, a statement as to any newly discovered matters or circumstances that have arisen subsequent to the final decision. The filing of said motion shall not operate as a stay of execution unless so ordered by the Division.