110 CMR 10.20 - Hearing Officer's Duties and Powers

The Hearing Officer shall have the duty to conduct a Fair Hearing so as to ensure that the rights of all parties are protected, and to render an impartial decision based upon the issues and evidence presented at the hearing and in accordance with the law. He or she shall have the following specific duties:

(1) place witnesses under oath or affirmation and to sequester witnesses;
(2) assist all the witnesses in making a full and free statement of the facts in order to bring out all the information necessary to decide the issues involved;
(3) ensure that all parties have a full opportunity to present their claims;
(4) receive, rule on, exclude, or limit evidence (which shall include the right to request that any party produce additional evidence such as witnesses, documents, etc. but shall not include the right to require any party to do so);
(5) permit introduction into the record of any regulations, statutes, memoranda, or other materials offered by any party which the Hearing Officer believes relevant;
(6) define the issues;
(7) regulate the presentation of the evidence and the participation of the parties to ensure an adequate and comprehensible record of the proceedings;
(8) issue subpoenas upon request of a party;
(9) examine witnesses;
(10) reconvene the hearing prior to the decision upon ten calendar days written notice of the parties, if necessary.


110 CMR 10.20

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