201 CMR, § 14.07 - Settlement by Submission of Documents for Claims of $10,000 or Less

(1) Written Hearing Presumption. Where no party's claim exceeds $10,000, exclusive of claimed interest and arbitration fees or costs, the dispute shall be resolved by submission of documents (hereinafter called a written hearing), unless any party requests an oral hearing, or the arbitrator determines that an oral hearing is necessary. A party desiring an oral hearing must notify the OCABR and the opposing side within ten business days of the notice of acceptance of the case, or, in the event a counterclaim is timely filed, within five business days after notice of the arbitrator's acceptance of the counterclaim. After that time, an oral hearing may only be granted with the arbitrator's consent.

(2) Written Hearing Procedures. The written hearing shall conform to the following procedures:

(a) The parties submit in writing to the OCABR their respective contentions, including a sworn statement of facts, together with such proofs properly verified, as they wish to submit. Briefs or written arguments may also be submitted at this time.

(b) All such documents and proofs submitted by each party shall be filed with the OCABR no later than ten business days after the mailing of the notice by the OCABR calling for their filing. Failure of a respondent to submit documents and proof within the ten business day period shall be deemed a waiver of his or her right to reply subject to the arbitrator's discretion.

(c) All documents and proofs submitted by each party shall be sent to the other party and to the OCABR in duplicate.

(d) Each party may file one written reply to such statements and proofs within a period of ten business days from the date of the arbitration firm's letter to the parties requesting replies. Failure of any party to make such a reply within the specified period of time shall be deemed to be a waiver of the party's right to reply.

(e) When all of the statements, proofs and replies (if any) have been received by OCABR, they shall be transmitted to the arbitrator.

(f) The arbitrator shall examine the documents and request further evidence from either party, or both parties, if necessary, within ten business days of receipt. The documents submitted to the arbitrator and OCABR for the written hearing shall be the official record of the hearing. If the arbitrator does not request further evidence, the written hearing is declared closed at this time and the requirements of 201 CMR 14.15 and 14.16 apply.

(g) Either party may request, on no more than one occasion, that the arbitrator give a seven business day extension following the date of submission required by the arbitrator. Such request must be made prior to the date of submission and shall be granted only upon a showing of good cause.

Notes

201 CMR, § 14.07

Amended by Mass Register Issue 1314, eff. 6/3/2016.