201 CMR 14.09 - Disclosure of Information

(1) Document Disclosure and Settlement of Disputes. Each party shall provide to the other party any documents or information that he or she intends to present at the hearing no later than ten business days before the hearing including copies of all hearing exhibits. The arbitrator shall decide any disputes over the production of information.

(2) Home Inspections by Registrant. Upon reasonable request by the registrant, if such request is received no later than seven business days prior to the scheduled date of the hearing, the homeowner shall permit the registrant to inspect his or her residence or property, whichever is the subject of the dispute. The homeowner shall have the right to be present at such inspection. The registrant shall use no tools other than diagnostic tools and shall not make any repairs or adjustments.

(3) Prohibition Against Discovery. There shall be no discovery except as provided in 201 CMR 14.09(1) and 14.09(2), unless each party consents or unless discovery is ordered by the arbitrator for the following reasons:

(a) The arbitrator finds that the discovery is likely to be necessary to render a proper arbitration decision; or

(b) The arbitrator finds that the discovery is likely to be necessary for a party to present a material element of the case against the other party.

(4) Additional Information Deadline. The parties shall comply with the arbitrator's requests for additional information within seven business days, or within such period as the arbitrator designates.

(5) Inspections by Arbitrator. At either party's request, and if the arbitrator deems it appropriate, the arbitrator may view the residence or property that is the subject of the dispute. Upon reasonable notice to both parties, the arbitrator may view the site alone or he or she may be accompanied by both parties, their designated agent or by such person or persons whom he or she may deem necessary.

(6) Representation by an Attorney. Any party represented by an attorney or other authorized agent must disclose the name, address and telephone number of the representative to OCABR, the arbitrator and the opposing side at least seven business days prior to the first scheduled hearing date or date for submission of documents as set forth in 201 CMR 14.09(1).

(7) Correspondence Copies. Copies of all correspondence any party sends to the arbitrator or OCABR for the arbitrator after the acceptance of the request for arbitration shall be sent to the other party.

Notes

201 CMR 14.09

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