Initiating Adjudicatory Proceeding and Motions

(1) Initiation of Formal Adjudicatory Proceedings. (a) Claim for Adjudicatory Hearing. Any person having a right to initiate an adjudicatory proceeding shall commence such action by filing an objection. Such objection shall be filed with the Secretarywithin the time prescribed bythe applicable provision of law or regulation. (b) Form and Content. The objection shall state clearly and concisely the facts which are grounds for the proceeding, the relief sought, and any additional information required by applicable statutes and regulations. It shall contain in detail each ground of objection. The Commission may provide forms to be used for objections. (c) Answer. At any time before the hearing, the respondent shall file an answer to the objection. 1. The answer shall contain full, direct and specific answers to each claim set forth in the objection admitting, denying, or explaining material facts. 2. If there is insufficient knowledge to answer with specificity, it shall so be stated and, thus, shall be treated as a general denial. 3. The answer shall contain all affirmative defenses which are relied upon and may cite the statute(s) and/or regulation(s) which form the basis of each defense. 4. All allegations contained in the objection which are not specifically denied in the answer shall be deemed admitted. 5. All new matters contained in the answer shall be treated as if denied by the objector. (d) Amendments and Withdrawal of Pleadings. The Commission or presiding officer upon his own initiative or upon the motion of any party may, in his discretion, order any party to file an answer or other pleading, or to reply to any pleading and further permit either party to amend its pleadings upon conditions just to all parties. (2) Motions. (a) General Requirements. 1. Presentations/Objection to Motion. a. A party may request of the Commission or presiding officer an order or action not inconsistent with law or 950 CMR 59.00. Such a request shall be called a motion. b. Motions may be made in writing at any time after the commencement of an adjudicatory proceeding, or they may be made orally during a hearing. c. Each motion shall set forth the grounds for the desired order or action and state whether a hearing is desired. d. After a written motion is filed with the Commission or presiding officer, any party may file written objections to the allowance of the motion and shall, if desired, request a hearing within the time as determined by the Commission. 2. Action on Motions. a. The Commission shall hear the motion at the same time as the hearing on the merits, or at another time to be specified by the commission. b. The Commission may grant requests for continuances for good cause shown or may in the event of unexcused absence of a party permit the hearing to proceed, and the unexcused party’s motion or objections will be regarded as submitted. c. The Commission may rule on a motion without holding a hearing if delay would seriously injure a party, or if the motion involves a matter as to which the presentation or testimony or oral argument would not advance the Commission’s understanding of the issues involved or if disposition without a hearing would best serve the public interest. d. The Commission may act on a motion when all parties have responded thereto, or the deadline for response has passed, whichever comes first. If the Commission acts on the motion before then, such ruling may be subject to modification or rescission should there be timely filed objections to the motion. 3. Factual Basis. The parties may offer at a hearing on the motions only such evidence as is relevant to the particular motion. This evidence may consist of facts which are presented orally by sworn testimony, supported by allowable affidavits, or which appear in records, files, depositions, or answers to interrogatories. (b) Motion for More Definite Statement. If a pleading to which a responsive pleading is required is so vague or ambiguous that a party cannot reasonably frame a responsive pleading, the responding party may within the time permitted for such responsive pleading, move for a more definite statement before filing its responsive pleading. The motion shall set forth the defects complained of and the details desired. If the motion is granted, the more definite statement shall be filed within such time as may be ordered. If the more definite statement is not filed within the prescribed deadline, the Commission or presiding officer may either dismiss the adjudicatory proceeding, grant the relief sought, or make such other just orders as may be deemed appropriate. (c) Motion to Strike. A party may move to strike, or the Commission on its own motion may strike from any pleading any insufficient allegation or defense or any redundant, immaterial, impertinent or scandalous matter. (d) Motion to Dismiss. 1. General Grounds. Any party may move to dismiss for failure of the other party to prosecute or to comply with 950 CMR 59.00 or any order of the Commission or presiding officer. a. Upon completion by the initiating party of the presentation of evidence, the responding party may move to dismiss on the grounds that, upon the facts and/or the law, the initiating party has not sustained its case. b. The Commission may act upon the motion then, or may wait until the close of all the evidence. The granting of such motion shall be considered a decision and a written decision shall be made as provided 950 CMR 59.00. 2. Failure to Prosecute. When the record discloses the failure of the objector to file documents required by applicable law and 950 CMR 59.00, respond to notices or correspondence, comply with orders, or otherwise indicates an intention not to continue with the prosecution of an appeal, the Commission may issue an order requiring that the objector show cause why the objection should not be dismissed for lack of prosecution. If the objector fails to show such cause, the appeal may be dismissed with prejudice. (e) Motion for Decision on the Pleadings. After the pleadings are closed, and with such time as not to delay the proceedings, and party may move for judgment on the pleadings. If matters outside the pleadings are presented, the motion shall be treated as one for summary decision. (f) Motion for Summary Decision. Any party may, with or without supporting affidavits, move for summary decision in his favor, as to all or part of a matter. If the motion is granted as to part of the matter and further proceedings are necessary to decide the remaining issues, a hearing shall so be held. (g) Substitution of Parties. The Commission or presiding office may, on motion, at any time in the course of an adjudicatory proceeding, permit such substitution of parties as justice or convenience may require. (h) Consolidation of Proceedings. In such cases where there are multiple adjudicatory proceedings and where these adjudicatory proceedings involve common issues, a party shall notify the Commission of this fact, stating with particularity the common issues, and the presiding officer or Commission may in its discretion consolidate the proceedings.