201 CMR, § 14.13 - The Hearing

(1) Single Arbitrator . A single arbitrator shall preside over each hearing, unless otherwise determined by OCABR. The conduct of the hearing shall encourage a full and complete disclosure of the facts.

(2) Four Hour Hearing Limit. The hearing shall last no longer than four hours. If the arbitrator determines that additional time is necessary to obtain sufficient evidence to render an award, the arbitrator may extend the hearing time. The hearing may also be extended upon the agreement of each of the parties and the arbitrator. When a hearing is extended, the arbitrator may charge an hourly rate for the additional time, which will be equally shared by the parties. The arbitrator shall be required to account for the additional time in the final award. The arbitrator may not charge for site inspections and consultations and such fees will not be considered in calculating the four-hour hearing limit.

(3) Arbitration Hearing Record. The arbitrator shall record the hearing. Said recording shall be the official record of the hearing and the parties may not make independent recordings of the hearing. Copies of the official recording may be obtained from OCABR for a nominal fee. The formal rules of evidence shall not apply.

(4) Oath. The arbitrator shall administer an oath or affirmation to each individual who testifies.

(5) Evidence Presentation. The parties may introduce any relevant evidence that will assist the arbitrator in making a decision. Unduly repetitious or clearly irrelevant evidence may be excluded. It shall, however, be in the arbitrator's sole discretion whether to allow such evidence.

(6) Completeness Responsibility. Each party is responsible for presenting all his or her evidence in a concise manner on the day(s) of the hearing.

(7) Questions of Opposing Party. The arbitrator shall allow each party to question the other after his or her presentation and shall allow questions of each witness after his or her testimony. The arbitrator may question any party or witness at any time.

(8) Order of Hearing. The arbitrator shall determine the order of the hearing.

(9) Oral Hearing Presumption. The hearing procedure presupposes that both parties and their designated agent will be present. However, within the arbitrator's discretion, either party may offer written testimony only, so long as the arbitrator and the other party are informed of such and are in receipt of the evidence at least seven business days prior to the day of the hearing. Written hearings shall be conducted pursuant to the procedures set out in 201 CMR 14.07(2).

(10) Sworn Statement. All written testimony shall include a statement signed by the witness under oath that his or her testimony is true.

(11) Discretionary Arbitrator Consultations. The arbitrator may consult with the building inspector or any other expert witness for technical advice or testimony. The arbitrator shall provide a report of any such consultation to all parties. The arbitrator may in his or her discretion allow rebuttal to the report.

(12) Unmanageable Hearings. After a warning, the arbitrator may terminate any hearing that becomes unmanageable due to the behavior of either party and enter judgment by default against the party whose behavior made the hearing unmanageable.

(13) Additional Good Cause Hearings. For good cause shown as determined by the arbitrator, the arbitrator may schedule one additional hearing after the initial hearing within a reasonable time period as determined by the arbitrator. The arbitrator shall charge an hourly rate for his or her time.

(14) Non-compliance Orders. If either party fails to comply with 201 CMR 14.00, the arbitrator or OCABR shall make such orders as are just.

Notes

201 CMR, § 14.13

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