106 CMR, § 367.400 - Household Rights During Hearing

The household may not be familiar with the rules of order and it may be necessary to make partticular efforts to arrive at the facts of the case in a way that makes the household feel most at ease. The household or its representative must be given adequate opportunity to:

(A) Examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing. The contents of the case file used by the Department to make an eligibility decision shall be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge or the nature or status of pending criminal prosecutions, is protected from release. The Department shall provide the appellant a free copy of portions of the case file that are relevant to the hearing upon request. Confidential information protected from release and other documents or records which the household will not otherwise have an opportunity to contest or challenge shall not be introduced at the hearing or affect the hearing official's decision;

(B) Present the case or have it presented by a legal counsel or other person;

(C) Bring witnesses;

(D) Advance arguments without undue interference;

(E) Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses;

(F) Submit evidence to establish all relevant facts and circumstances in the case; and

(G) Have the hearing conducted through an interpreter in accordance with 106 CMR 367.375.

Notes

106 CMR, § 367.400

Amended by Mass Register Issue 1329, eff. 12/30/2016.