Massachusetts Regulations § 950 CMR 59.06 Decisions
Regulation Text
(1)
Decisions
. Every decision shall contain a statement of the reason therefor, including a determination of every issue of fact or law necessary to the decision. Every decision must be signed by at least three Commissioners, each of whom must have either attended all hearings or have read or heard the entire record.
(2)
The decision of the Commission may:
(a)
Dismiss the objection, for lack of timeliness, jurisdiction, or standing, failure to state a claim upon which relief can be granted, or any other legal reason;
(b)
Enter a decision by default against any party for failure to appear, unnecessary delay, or any failure to comply with any provision of
950 CMR 59.00
if that failure affects substantial right;
(c)
Sustain the objection on the merits, and order the Secretary not to print on the ballot the name of the respondent candidate or the question supported by the respondent petitioners;
(d)
Overrule the objection on the merits;
(e)
Make informal disposition of the proceeding by stipulation, agreed settlement, or consent order; or
(f)
Grant whatever other relief justice requires and is within the scope of its authority.
(3)
Timing of Decisions
. The decision must be made not later than 5:00 P.M. of:
(a)
The 21
st
day after the last day to file objections to nomination papers or certificates of nomination for presidential primaries and regular state primaries and elections, or to state initiative and referendum petitions;
(b)
The 14
th
day after the last day to file objections to nominations made by state primaries, or to supplemental signatures necessary to place a state initiative question on the ballot after rejection by the general court;
(c)
The fourth day after the last day to file objections to nomination papers or certificates of nomination for special state primaries or elections.
(4)
Reopening of Hearings
. On its own motion or on motion of a party, the Commission may at any time before a final decision is issued request that the hearing be reopened for the purpose of receiving new evidence.
(5)
Motion for Reconsideration
. A party may file a motion for reconsideration, setting forth specifically the grounds or statutory provision relied upon to sustain the motion, within ten days from the date a copy of the decision is mailed to the parties by the Commission or presiding officer. No motion for reconsideration may be filed or acted upon after the statutory deadline for the Commission to render a decision.
(6)
Further Appeal
. After the issuance of a final decision, any party who has the right to seek judicial review of the decision may file for judicial review in accordance with M.G.L. c. 55B, § 4.
(7)
Withdrawal of Exhibits
. After a decision has become final and all appeal periods have lapsed the Commission or presiding officer may in its discretion, upon motion, permit the withdrawal of original exhibits or any part thereof by the party or person entitled thereto.
History
Adopted by
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