211 CMR, § 110.07

Current through Register 1533, October 25, 2024
Section 110.07 - Pre-Hearing Procedures
(1)Pre-Hearing Conference. The Presiding Officer may hold one or more pre-hearing conferences before or after the initial hearing. No more than seven days before the date of the initial hearing, the Presiding Officer may hold a pre-hearing conference to develop a schedule for subsequent hearings, taking into account the statutory period in which a decision must be rendered.

The Presiding Officer may direct the parties to confer with him or her, or with each other to consider:

(a) simplification of issues;
(b) the possibility of obtaining stipulations or admissions of fact and agreements as to documents to avoid unnecessary proof;
(c) limits on the number of expert witnesses;
(d) stipulations as to the qualifications of experts;
(e) limits on the time to be allowed for cross-, redirect, and recross-examination;
(f) rulings as to evidentiary disputes; and
(g) such other matters as may aid in the prompt disposition of the Proceeding.
(2)Discovery.
(a) Any party to a workers' compensation Proceeding may request any other party to produce or make available any documents or tangible things, not privileged and not previously supplied, which are in the possession, custody or control of the party to whom the request is made. Requests may be served on a party after submission of its Rate Filing or Advisory Filing and shall set forth the items to be provided with reasonable particularity. The party receiving the request shall respond within a period of ten days unless the Presiding Officer establishes a different time period. The Division or the State Rating Bureau, in responding to requests for documents, shall be entitled to the fee per page for copies as determined from time to time by the Executive Office for Administration and Finance.
(b) The party receiving the request for discovery may, within five days of service of the request, file objections to it or move for a protective order. The Presiding Officer may, in his or her discretion, schedule a hearing on the objections or motion. The Presiding Officer may issue protective orders to protect a party from annoyance, embarrassment, oppression or undue burden or expense. The Presiding Officer may also order limits on the scope, method, time and place for discovery and provisions for protecting confidential information or documents.
(c) A Party may file a motion to compel discovery if a request for documents is not honored, in whole or in part.

211 CMR, § 110.07