Hearing and Tentative Determination

The hearing shall be conducted by a presiding officer appointed by the Council to conduct such hearings. The hearing shall be open to the public and shall be conducted in accordance with the Standard Adjudicatory Rules of Practice and Procedure, Formal Rules, 801 CMR 1.01. The Council may consolidate hearings whenever more than one abutting community has petitioned the Council for compensation. The presiding officer shall within 14 days of the adjournment of the hearing render a tentative determination of the compensation to be 12.05: continued given to the abutting community or communities by the developer. The tentative determination shall include a written statement of each finding of fact and conclusion necessary to support the tentative determination. The presiding officer shall submit the tentative determination to the Executive Secretary, who will send copies thereof to the chief executive officer of the abutting community or communities, the developer and the local assessment committee of the host community. Not more than 45 days following issuance of the tentative determination, the Council shall issue a final determination establishing the compensation to be given by the developer to the abutting community or communities. The Council may permit the developer and the abutting community or communities to make brief oral arguments at its meeting. The Council's determination shall be final unless the developer or the abutting community or communities files a request for arbitration, indicating dissatisfaction with the Council's decision. If either party files said request within 15 days of the Council's determination, the Council shall refer the matter of compensation to arbitration as provided by 990 CMR 13.00. The Councilshall also forward to the arbitrator or arbitrators a statement of its recommended compensation.