02-031 C.M.R. ch. 350, § 10 - Discovery

A. Superintendent and Bureau Staff. The Superintendent and Bureau staff shall have all authority granted to them by statute to obtain information in any proceeding, and the provisions of this section shall not be construed to limit that authority in any way.

B. Informational Request by Parties. All parties shall have the right to serve informational requests upon any party, subject to the following terms and procedures.

(1) Form. Informational requests shall be in writing, unless made on the record in a hearing, and specifically directed to a party or parties. A copy of each request shall be provided to the Superintendent and each party.

(2) Scope. Informational requests shall be relevant to the issues involved in the pending proceeding, and shall not be unduly burdensome or repetitious.

(3) Objections. Objections to an informational request shall be filed with the Superintendent no later than five (5) working days after it is received, unless some other period is prescribed by order.

(4) Response to informational request. Each informational request shall be answered within fourteen (14) days after its receipt or such other period as may be ordered by the Superintendent, except as to any part of a request to which specific and timely objection is made. In cases where timely objection has been made and the objection is subsequently overruled, the requested information shall be provided within fourteen (14) days of receipt of the Superintendent's ruling on the objection or such other period as may be provided in that ruling. A copy of the responsive material shall be provided to the Superintendent and to each party. Responsive material does not become part of the record of hearing unless offered and admitted.

Notes

02-031 C.M.R. ch. 350, § 10