Expedited Hearing

(1) In Accelerated Docket proceedings, the Department will conduct an expedited hearing between 31 and 34 days after the docketing of the complaint. A Department Presiding Officer will preside at the expedited hearing, administer oaths to witnesses, and time the parties' presentation of their cases. In consultation with the Department technical staff, the Presiding Officer will rule on objections or procedural issues that may arise during the course of the expedited hearing. (2) Before an expedited hearing, each party will receive a specifictime allotment in which it may present evidence and make argument during the expedited hearing. The Presiding Officer will deduct from each party's time allotment any time that the party spends presenting either evidence or argument during the proceeding. The Presiding Officer shall have broad discretion in determining any time penalty or deduction for a party who appears to be intentionally delaying either the proceeding or the presentation of another party's case. Within the limits imposed by its time allotment, a party may present evidence and argument in whatever manner or format it chooses, provided, however, that the submission of written testimony shall not be permitted. (3) Three days before an expedited hearing, each party to a proceeding shall serve on all other parties a copy of all exhibits that the party intends to introduce during the expedited hearing and a list of all exhibits and witnesses, including expert witnesses, with a general description of the issues on which the witness(es) will offer evidence, that the party may call during the expedited hearing. Service of this material shall be accomplished either by hand, or Electronic Medium as defined in 207 CMR 101(2): Definitions. Objections to any exhibits or proposed witness testimony will be heard at the beginning of the expedited hearing. (4) No party will be permitted to call as a witness in an expedited hearing, or otherwise offer any exhibit, unless the individual or exhibit appears on the party's exhibit or witness list. No party will be permitted to present expert evidence unless the party has complied fully with the expert-disclosure requirements. The Department may permit exceptions to the rules in 207 CMR 15.08(4) for good cause shown. (5) Two days before the beginning of the expedited hearing, parties shall file proposed findings of fact and conclusions of law. These submissions shall not exceed 20 pages per party. Within three days after the conclusion of the expedited hearing, parties may submit revised proposed findings of fact and conclusions of law to address evidence introduced or arguments raised at the expedited hearing. These submissions shall not exceed ten pages per party. Three days after the conclusion of the expedited hearing, parties may also submit short position statements in the nature of abbreviated briefs. The position statements shall not exceed two, single-spaced typewritten pages.