Certification of Claims to Public Hearing

(1) Certification. When the Commission determines that the public interest requires a certification of claims to public hearing, it shall issue a certification order in the name of the Commission pursuant to M.G.L. c. 151B, § 5. (2) Certification Process. The Commission may issue a certification order identifying the claims that shall be certified to public hearing. The Commission may schedule a conference pursuant to 804 CMR 1.11(3) prior to issuance of such order to determine which claims, if any, shall be certified to public hearing. (3) Certification Conference. The Commission shall serve notice of the certification conference upon all parties and counsel. The Commission may issue an order requiring written submissions by the parties in advance of the certification conference, and failure to provide all written submissions as ordered shall be cause for sanctions in accordance with 804 CMR 1.22. The written submissions shall contain the following: (a) List of proposed claims to be certified to public hearing; (b) Affirmative defenses; (c) Parties, including definition of proposed classes; (d) Pending motions (e.g., discovery issues, motions for certification, motions for reconsideration of probable cause); (e) All relief sought, including any monetary and equitable relief and description of the bases on which damages are calculated; (f) Settlement efforts; and (g) Any other matter which in the judgment of the Commission is likely to expedite the preparation and presentation of the case. (4) Certification Order. The certification order shall be in writing, served upon all parties and counsel of record and may provide the following: (a) Certification of claims to be considered at a public hearing; (b) Certification of one or more questions of law to the Full Commission; and (c) Address any other matters the Commission deems appropriate in the public interest, including a denial of certification and reversal of the probable cause determination.