980 C.M.R. 14.03 – Notice; Parties; Completeness; Procedural Conference.

(1) Notice. The Director shall send a Notice of the De Novo Adjudication to relevant recipients as determined by the Director. The Director shall allow for written comments on the Consolidated Local Permit Application. For De Novo Adjudications initiated pursuant to 980 CMR 14.02(1) (a) or (b), the Director may, in their discretion, provide for a public comment hearing on the Consolidated Local Permit Application, and such hearing may be conducted virtually. For De Novo Adjudications initiated pursuant to 980 CMR 14.02(1) (c), the Director shall provide for a public comment hearing on the Consolidated Local Permit Application, and such hearing may be conducted virtually. The Director may, in their discretion, schedule a site visit.
(2) Parties. The Applicant and the Local Government shall automatically be Parties to the De Novo Adjudication. The Director shall provide for an opportunity to request intervention pursuant to 980 CMR 1.05: Intervention. The Director shall make a determination to identify other Persons who may be substantially and specifically affected by the De Novo Adjudication.
(3) Completeness Determination. Within 30 days of the Applicant filing the documents required by 980 CMR 14.02(3)(b), the Director shall determine whether the Consolidated Local Permit Application is complete, pursuant to 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting. If the Director determines that the Consolidated Local Permit Application is not complete, the Director shall identify the additional required information or documents, and the Applicant shall have 30 days to complete the application. If the Applicant does not complete the application in 30 days, the application shall be rejected, without prejudice.
(4) Procedural Conference. The Director may schedule a procedural conference to inform the scope of the proceeding, or other procedural matters governing the De Novo Adjudication.
(5) Procedural Order. The Director shall issue a procedural order:
1. (a) identifying additional Parties to the adjudication,
2. (b) establishing the scope of the adjudication,
3. (c) establishing a procedural schedule, and
4. (d) addressing any other procedural matters governing the De Novo Adjudication.