Current through 2024-46, November 13, 2024
Section 188-2-35 - Hearing Officer Report1. In the event that an aquaculture lease hearing is conducted by a hearing officer other than the Commissioner, the hearing officer may prepare a report, including proposed findings of fact, conclusions of law and, at the Commissioner's request, a recommended decision. A copy of the hearing officer's report shall be provided to each party by regular or electronic mail and each party shall have 10 days to file responses or exceptions to the report, beginning 3 days after the date of postmark or the date the electronic mail was sent.2. In submitting responses and exceptions, parties may submit a petition to the hearing officer to correct mis-statements of fact in the report. The hearing officer may correct any mis-statements of fact in the report prior to submission of the report to the Commissioner.3. The report shall be submitted to the Commissioner with the parties' responses and exceptions.4. Nothing in this section shall prevent the Commissioner from reaching a decision based solely on the record, after review of the hearing tape or transcript and after review of the hearing record.13-188 C.M.R. ch. 2, § 35