980 C.M.R. 14.04 – Adjudicatory Procedure.

(1) Evidence. The Local Government and the Applicant for a Consolidated Local Permit shall file all documents produced for the Consolidated Local Permit process with the Board. Board staff may request additional information. Parties may introduce additional evidence for consideration by the Director. All evidence introduced in the De Novo Adjudication shall be accompanied by an affidavit. Such an affidavit must comply with the requirements of 980 CMR 1.03(4), including a signature by an authorized representative attesting that the representative has read andreviewed the document and that all statements contained therein are true.
(2) Evidentiary Hearing. The Director may schedule an evidentiary hearing. The evidentiary hearing may be conducted virtually.
(3) Consultation. The Director may consult with DOER as part of their assessment of whether the Local Government’s review is in compliance with 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting. The Director may consult with any PEA whose Permit is the subject of the De Novo Adjudication, or other state or local agency which may be concerned with the matter under review in the De Novo Adjudication. See M.G.L. c. 164, § 69H.
(4) Briefs. The Director may allow for oral argument at the hearing or the filing of written briefs after hearings by Parties.