980 C.M.R. 1.03 – General Procedures

(1) Docket. A numbered docket shall be maintained for all adjudicatory proceedings and shall contain all documents filed in a proceeding and other relevant material.
(2) Filing of Documents with the Board.
1. (a) Filing.
  1. 1. Any document filed with the Board pursuant to 980 CMR 1.00 shall be filed electronically with the Board or the Presiding Officer at the Board. Documents containing confidential, protected, or critical energy infrastructure information must be filed separately consistent with 980 CMR 1.06(5)(f). The Presiding Officer may allow documents to be filed by other means.
  2. 2. A document shall be deemed to be timely filed if received by the Board on or before 5:00 P.M. on the day it is due. A document received after 5:00 P.M. shall be deemed filed on the following business day.
2. (b) Filing Format.
  1. 1. Format Requirements. All documents filed for possible inclusion in the record shall be clear and legible and shall be presented in accordance with the standards established by the Presiding Officer. All documents electronically filed with the Board shall be in a searchable electronic file format.
  2. 2. Form. Every document filed shall contain a title which indicates the nature of the proceeding, the name of the applicant, and the docket number if available. The Presiding Officer shall determine whether hard copies of documents are required. The Board may provide forms to be used for specific purposes by any person or party; in such cases, use of forms provided shall be mandatory.
(3) Service to Board, Parties and Participants.
1. (a) Service of a document upon the Board or the Presiding Officer shall be in accordance with 980 CMR 1.03(2).
2. (b) Any Person filing documents with the Board or Presiding Officer shall simultaneously serve an electronic copy on all Parties and Limited Participants required to be served in the proceeding using the name(s) and email address(es) stated on the service list issued by the Presiding Officer. The Presiding Officer may require delivery of hard copies of any documents.
3. (c) All documents filed with the Board or the Presiding Officer shall be accompanied by a statement certifying the date and means of service and the persons to whom service was made. Failure to comply with these rules may be grounds for the Board or Presiding Officer to refuse to accept documents for filing.
4. (d) Electronic documents shall be deemed served on the date and time the email is received by the Board or Presiding Officer. If the email is received on or before 5:00 P.M., the document is deemed served on that date. If the email is received after 5:00 P.M., the document is deemed served on the next business day. Documents shall be deemed served on the day of Hand Delivery or, if mailed, on the earlier of receipt or three days after mailing. The postmark shall be evidence of the date of mailing.
(4) Signatures. Every document filed pursuant to 980 CMR 1.03(2) or served pursuant to 980 CMR 1.03(3) shall be signed by the Party making such filing or service or by the Party's authorized representative. Electronic signatures shall satisfy this requirement. Such signature shall constitute certification by the signatory or authorized representative that they have read the document, that, to the best of his or her knowledge, every statement contained in the document is true, and that the document is not being filed to delay the proceeding.
(5) Computation of Time. Unless otherwise specifically provided by 980 CMR 1.00 or 2.00 or by other applicable law, computation of any time period referred to in 980 CMR 1.00 or 2.00 shall begin with the first day following the act which initiates the running of the time period. The last day of the time period is included unless it is a Saturday, Sunday, or legal holiday or any other day on which the office of the Board is closed, in which case the period shall run until the end of the next following business day. When the time period is less than seven days, intervening days when the office of the Board is closed shall be excluded.
(6) Extensions of Time. At the discretion of the Board or the Presiding Officer, for good cause shown, any time limit prescribed or allowed in 980 CMR may be extended. All requests for extensions of time must be made either by oral motion during a hearing or conference or by written motion served upon all parties or as directed by the Presiding Officer. All requests for extensions of time must be made before the expiration of the original time period or before the expiration of any subsequent extension(s) granted. Provisions contained in 980 CMR 1.03(6) shall not apply to any limitation of time prescribed by statute, unless extensions are permitted by the applicable statute.
(7) Ex Parte Communications in Adjudicatory Proceedings.
1. (a) From the initial filing in an adjudicatory proceeding until the rendering of a final decision, no Party or Limited Participant may communicate ex parte with the Presiding Officer, any Board Member or the Board staff involved in the decision process for the adjudicatory proceeding regarding the merits of such adjudicatory proceeding.
2. (b) Communications concerning scheduling and other procedural matters, as well as the receipt of information available in the public docket file are not prohibited by 980 CMR 1.00.
3. (c) The director of the Department’s Division of Public Participation and staff of the Division of Public Participation shall not participate as adjudicatory staff, nor have any input or substantive communication with adjudicatory or decisional staff, in adjudicatory matters before the Department or Board, nor shall they serve as legal counsel to or otherwise represent any Party before the Department or the Board. The director of the Department’s Division of Public Participation may communicate with Parties or Persons seeking to intervene in Board proceedings about procedural matters and such communication shall not be deemed an ex parte communication.
4. (d) If a Party or Limited Participant makes or attempts to make an ex parte communication prohibited by 980 CMR l.03(7)(a), the Board Member, Presiding Officer, or staff member shall advise the Person that the communication is prohibited and shall immediately terminate the prohibited communication.
5. (e) If a Board Member, Presiding Officer, or staff member violates the ex parte rule, they shall, no later than two business days after determining that the communication was prohibited, serve on each Party and place in the docket file associated with the adjudicatory proceeding the following:
  1. 1. A written statement including the substance and circumstances surrounding the communication; the identity of each Person who participated in the communication; the time, date, and duration of the communication; and whether, in their opinion, the receipt of the ex parte communication disqualifies them from further participation in the adjudicatory proceeding; and
  2. 2. Any written or electronic documentation of the communication. The above documents shall be placed in the docket file associated with the adjudicatory proceeding but shall not be made part of the evidentiary record.
6. (f) The Board may, upon the motion of any Party or on its own motion, accept or require the submission of additional evidence of the substance of a communication prohibited by 980 CMR 1.03(7).
7. (g) Where a Party or Limited Participant has violated 980 CMR 1.03(7), the Board or Presiding Officer may take such action as is deemed appropriate within the circumstances.