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Massachusetts Regulations § 950 CMR 56.04 Decision

⤴ Up to Title 950 CMR 56.00: Administrative Proceedings Concerning Practices Of Local Election Officials

Regulation Text

(1) After reviewing the report and any written comments, the Secretary may render a decision which may incorporate the report in whole or in part. The Secretary may hold an informal conference before rendering a decision
(2) Before a decision is rendered, hearings may be held. The parties shall include the local official, the Secretary's investigator, and any complainant who wishes to participate.
(a) After reviewing the report and any written comments, and before rendering a decision, the Secretary may initiate an adjudicatory proceeding by issuing an order to show cause to the local election official under 801 CMR 1.01 (6)(d) .
1. The decision whether or not to hold an adjudicatory hearing shall be in the Secretary's unreviewable discretion
2. An adjudicatory hearing shall be before the Secretary and shall be governed by 801 CMR 1.01 , except as the Secretary may modify these rules because of time restraints.
(b) For complaints filed in accordance with Section 402 of HAVA, the complainant may request a hearing on the record.
1. Decisions on complaints filed in accordance with Section 402 of HAVA shall be made within 90 days from the date the complaint is filed, unless the complainant consents to a longer period for making such decision.
2. If a decision is not made within 90 days as set forth above, the matter shall be referred to the Massachusetts Office on Dispute Resolution for further proceedings.
(c) After any hearing, the Secretary shall render a decision
(3) The Secretary's decision shall be in writing, shall state the reasons for the decision, and may include an order to the local official to comply with the relevant provisions of the election laws. It shall be mailed to the local official and to the complainant. In urgent circumstances, it shall also be delivered by hand to the local official or communicated by telephone to the local official.
(4) Before issuing any order to comply with law, the Secretary shall notify the Attorney General or an assistant attorney general designated by the Attorney General for this purpose.
(5) The Secretary's order may require that the local official sign an affidavit giving assurances that the local official will obey the order.

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