Current through Register 1527, August 2, 2024
Section 144.06 - General Provisions Applicable to the Hearing(1)Docket. No later than the date on which the Commissioner issues the notice of hearing, the hearing will be assigned a number on the docket maintained by the Division. The docket file will contain all papers filed in the record of the hearing.(2)Consolidation. The Commissioner or presiding officer may consolidate for hearing any application or request for approval deemed relevant to the plan of reorganization or conversion where consolidation would facilitate consideration of issues concerning the plan or related matters.(3)Filings, Generally.(a)Filing and Service of Papers. All papers filed in a hearing must be filed with the Docket Clerk, Hearings and Appeals, at the Division's principal office during business hours. The presiding officer may determine the number of copies of papers that must be filed and served, and may specify format requirements. The presiding officer may order that an additional copy of papers must be submitted on computer disk in an electronic format determined by the presiding officer. Concurrently with filing papers, a copy of the papers must be served on the company, the person(s) designated to receive service for the Division, intervenors, and any other person(s) designated by the presiding officer. All papers filed must be accompanied by a statement signed under the penalty of perjury that copies have been served, specifying the mode of service, date, the person to whom sent, and address of service. Failure to comply with 211 CMR 144.00 may be grounds for such action as the presiding officer deems appropriate.(b)Timely Filing. Papers must be filed within the specified time limits. The date of filing will be determined as follows: 1. Papers delivered by hand or by facsimile during regular business hours will be deemed filed on that day.2. Papers delivered by hand or by facsimile at other times will be deemed filed on the next regular business day.3. Papers mailed to the Division's principal office will be deemed filed on the day the Division receives them.(c)Computation of Time. Computation of any time period prescribed by or established under the authority of 211 C MR 1 4 4 .00 begins with the first day after the date o f the initiating act. The last day of the period so computed is included unless it is a day when the Division's principal office is closed, in which case the period runs until the end of the next business day. When the period is five days or fewer, Saturdays, Sundays and legal holidays are excluded from the computation.(d)Modifications of Time. The presiding officer has the discretion to modify for good cause a time limit prescribed by or established under the authority of 211 CMR 144.00.(e)Signatures. All papers must be signed by the filer or its counsel or authorized representative. This signature constitutes a certification by the signer that he or she has read the document and knows the content thereof, that it has not been interposed for delay and that if the document has been signed by an authorized representative that he or she has full power and authority to do so.