A Party may obtain without the required showing a statement concerning the subject matter of the Proceeding which was previously made by that Party. Upon request, a person not a Party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for an order from the Presiding Officer. For purposes of 360 CMR 1.22(1)(b), a statement previously made is a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.
If the motion is allowed, the Presiding Officer shall require the Party seeking the deposition to give at least five days notice of the taking of the deposition to all Parties.
If objection is made, the reasons therefor shall be stated. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a Party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering Party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A Party who considers that a matter of which an admission has been requested presents a genuine issue for hearing may not, on that ground alone, object to the request; he may, subject to the provisions of 360 CMR 1.22(6)(d), deny the matter or set forth reasons why he cannot admit or deny it. Each admission, denial, objection, or statement shall be preceded by the request to which it responds.
The Presiding Officer may make such orders in regard to the failure as are just, and among others it may take any action authorized under 360 CMR 1.22(9)(b).
In lieu of any order or in addition thereto, the Presiding Officer may require the Party failing to act or the attorney advising him or both to pay the reasonable expenses, including attorney's fees, caused by the failure. In lieu of any of the foregoing orders or in addition thereto, the Presiding Officer may require the Party failing to obey the order or the attorney advising him or both to pay the reasonable expenses, including attorney's fees, caused by the failure.
360 CMR, § 1.22