111 CMR, § 1.06 - General Terms and Provisions

(1) With respect to proceedings:

(a) All information relevant to the matter under consideration shall be allowed to be presented at the Case Conference, Administrative Review, Fair Hearing, and Arbitration. All evidence, including any records, investigative reports, documents, and stipulations to be relied upon in making a decision must be offered and made a part of the record. Documentary evidence may be received in evidence in the form of copies or excerpts, or by incorporation by reference.

(b) The rules of evidence observed by courts do not apply to these proceedings, but the presiding officer shall observe the rules of privilege recognized by law. The presiding officer shall consider only evidence and testimony which is pertinent and the kinds of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs.

(c) The presiding officer shall exclude unduly repetitious or irrelevant evidence.

(d) Materials submitted to the presiding officer shall be shared with the parties.

(e) Proposed and final decisions at every step of the review process shall be based upon substantial evidence.

(f) The weight attached to any evidence rests within the sound discretion of the presiding officer or panel, as the case may be. The presiding officer may in any case require either party to submit additional evidence on any matter relevant to the proceeding, with appropriate notice to the other party.

(g) With regard to Fair Hearings associated with vocational rehabilitation or independent living services, the Commissioner may not overturn or modify a proposed decision of an impartial hearing officer supporting the consumer's position or any part of such a decision unless the Commissioner concludes, based on clear and convincing evidence, the decision of the impartial hearing officer is clearly erroneous as it is contrary to federal or state law, including Commission regulations and policies.

(2) The fact that a request for a case conference, administrative review, voluntary mediation, or fair hearing has been filed does not prohibit the parties from making an adjustment in the matters at issue prior to a proceeding. If, as a result of an adjustment, the consumer is satisfied and wishes to withdraw all or part of the request for a Fair Hearing, the consumer or the authorized representative shall transmit to the Deputy Commissioner a signed, written withdrawal. However, neither the employee nor the Deputy Commissioner may delay or cancel a case conference, administrative review, voluntary mediation, or fair hearing because of a possible adjustment that is under consideration unless the consumer requests a delay or cancellation.

(3) If the complainant fails to appear at a proceeding, the presiding officer shall notify the complainant in writing that the complainant's request for case conference, administrative review, mediation, or fair hearing shall be deemed abandoned if the complainant fails to request a rescheduled proceeding, and show good cause for the failure to appear, within ten days of the proceeding.

(4) Hearings shall be as informal as may be reasonable and appropriate under the circumstances. The presiding officer shall ensure the conduct of the parties will at all times be orderly.

(5) On request, access to effective communication will be provided through provision of auxiliary aids and services consistent with federal and state requirements.

(6) In the case where the parties have agreed to voluntary mediation, the mediator may provide guidance similar to 111 CMR 1.06(1) in accordance with 111 CMR 1.11.

(7)111 CMR 1.00 shall be construed to secure a just and speedy determination in every proceeding.

Notes

111 CMR, § 1.06

Amended by Mass Register Issue 1355, eff. 12/29/2017.