Stipulations and Agreements

(1) Stipulations. The Parties may make written stipulations of fact or law, or may make oral stipulations at a hearing. In making findings of fact or conclusions of law, the Presiding Officer need not be bound by any stipulation to which the Authority is not a party. (2) Voluntary Dismissal by Stipulation or by Motion. An Adjudicatory Proceeding may be dismissed by the Party that commenced the proceeding at any time before the holding of the initial pre-hearing conference by filing a notice of dismissal signed by its duly authorized representative. After the date upon which the initial pre-hearing conference has been held, an Adjudicatory Proceeding may be dismissed by the filing of a stipulation of dismissal signed by all Parties that have appeared in the Adjudicatory Proceeding. Any voluntary dismissal by stipulation filed hereunder shall be with prejudice and shall bar any later resumption or re-commencement of that proceeding and shall constitute a waiver of the rights to: (a) administrative review of the matter(s) and issue(s) which were the subject of the Adjudicatory Proceeding; (b) rehearing, re-argument, and reconsideration of the matters and issues raised in the Adjudicatory Proceeding; (c) a Tentative or Final Decision; and (d) the Party’s rights of appeal from a Final Decision. Any Party seeking to voluntarily dismiss an Adjudicatory Proceeding, in whole or in part, without prejudice, shall do so by motion filed and served in accordance with the provisions of 360 CMR 1.21(2)(a) and (b) which motion shall be heard and decided by the Presiding Officer. (3) Settlement by Agreement of the Parties. The parties may agree to dispose of an Adjudicatory Proceeding at any time, by means of a Voluntary Dismissal pursuant to 360 CMR 1.27(2), or by a Settlement by Agreement of the Parties pursuant to 360 CMR 1.27(3). If at any time all Parties to the Adjudicatory Proceeding agree to dispose of the Proceeding by agreed settlement, the Parties shall proceed as follows: (a) Proposed Agreement. The parties shall put such agreement in writing and submit it for approval as a Final Decision. Every Settlement by Agreement of the Parties shall include a provision that, if the Authority approves the agreement, the Parties waive whatever rights they have to: 1. judicial or administrative review of the Authority action or decision that is the subject of the Adjudicatory Proceeding; 2. rehearing, reargument, and reconsideration; 3. notice of the Parties' rights of appeal and of rehearing, reargument and reconsideration; and 4. a Tentative or Final Decision. (b) Final Decision. If the Authority determines that the proposed agreement is in accordance with the Authority's responsibilities to protect the interests entrusted to it by law, the Authority shall issue a final decision approving the agreement. The final decision shall be signed by the Executive Director of the Authority. The final decision shall not be subject to the rule concerning tentative decisions. If the Authority determines that the proposed agreement is not in accordance with the Authority's responsibilities to protect the interests entrusted to it by law, the Authority shall refuse to approve the agreement, shall notify the Parties to that effect, and the Adjudicatory Proceeding shall go forward.