29- 250 C.M.R. ch. 2, § 16

Current through 2024-50, December 11, 2024

Section 250-2-16 - Recommended findings and decision

In any case in which law or regulations or special instructions from the Secretary of State dictate that an individual other than the Hearing Examiner will make a final hearing decision, the Hearing Examiner will prepare a recommended decision rather than a final hearing decision. A recommended decision will be made on the same basis and in the same form as a final decision.

Copies of recommended decisions will be provided to all parties who will have an opportunity to submit responses and exceptions to the final decision maker. These written responses and exceptions will be due within twenty days of receipt of the recommended decision and copies provided to all parties, the Hearing Examiner, the Secretary of State and/or the Secretary of State's designee.

The responses and exceptions shall contain:

1. a clear statement of the party's position and the reason for it;

2. a listing of any errors or omissions made by the Hearing Examiner during the hearing;

3. any relevant legal arguments the party wishes to offer.

Additional factual information which could have been presented and considered during the hearing need not be considered by the final decision maker.

29- 250 C.M.R. ch. 2, § 16