06-096 C.M.R. ch. 40, § 2 - Presiding Officer

A. Designation. The Presiding Officer at all hearings may be either:

(1) The Commissioner, if present and willing to preside,

(2) A member of the Board selected by those members present at the hearing, or

(3) If no Board member is present or willing to preside a qualified employee or representative of the Department designated by the Board or Commissioner.

B. Powers. The Presiding Officer shall have authority to:

(1) Administer oaths,

(2) Rule upon issues of evidence,

(3) Regulate the course of the hearing,

(4) Rule upon issues of procedures,

(5) Hold conferences before or during the hearing for settlement or simplification of issues or procedure,

(6) Regulate the placement of television cameras, still cameras, motion picture cameras or microphones at Board hearings in order that the use of such equipment does not interfere with the orderly conduct of the hearing,

(7) When authorized by the Board, issue subpoenas to compel the production of any witness, books, records or other data related to the matters at issue in the hearing, and

(8) Take such other actions as may be ordered by the Board or that are necessary for the efficient and orderly conduct of the hearing consistent with these regulations and applicable statutes.

Notes

06-096 C.M.R. ch. 40, § 2