06-096 C.M.R. ch. 534, § 14 - Presiding Officer

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

(1) The Commissioner;

(2) An employee or representative of the Department designated by the Commissioner; or

(3) A third party hired by the Department and designated by the Commissioner.

B. Substitute Presiding Officer. Whenever a Presiding Officer is disqualified or it becomes impractical for them to continue in that capacity, another Presiding Officer may be designated by the Commissioner to continue with the hearing. If it is shown that substantial prejudice to any party will result from the substitution, the substitute officer will commence the hearing anew.

C. Authority. The Presiding Officer has the authority to:

(1) Identify statutes and rules that are applicable to the proceeding;

(2) Act upon requests for subpoenas;

(3) Rule upon the admissibility of evidence;

(4) Limit the issues to be heard if the parties and the Presiding Officer agree to such limitation, or if no prejudice to any party will result;

(5) Grant or deny petitions for intervention which have not previously been ruled upon by the Commissioner or designee;

(6) Administer oaths and affirmations;

(7) Conduct conferences;

(8) Regulate the course of the proceeding, set the time and place for hearings, and fix the time for filing of pre-filed written testimony, exhibits, evidence, briefs, and other written submissions;

(9) Rule upon issues of procedure;

(10) Vary from any procedure prescribed by this rule or the MAPA, chapter 375, subchapter IV, if the parties and the Presiding Officer agree to such variation, or if the variance will achieve greater fairness or economy and no prejudice to any party will result; and

(11) Take such other action that is necessary for the efficient and orderly conduct of the hearing.

D. Ruling appeals. Rulings made by the Presiding Officer pursuant to section 14(C) (1)-(5) are appealable to the Commissioner or designee in proceedings in which the Commissioner is not the Presiding Officer. Unless determined necessary by the Presiding Officer, the course of a proceeding is not stayed by an appeal of a Presiding Officer's ruling. An appeal of the Presiding Officer's ruling is not a prerequisite to preserve a party's objection for the purpose of judicial appeal.

Notes

06-096 C.M.R. ch. 534, § 14