201 CMR 19.10 - The Hearing

(1) The conduct of the hearing will encourage a full and complete disclosure of the facts.

(2) Arbitration Hearing Record. The arbitrator shall record the hearing. Said recording shall be the official record of the hearing and the parties may not make independent recordings of the hearing. Copies of the official recording may be obtained from OCABR for a nominal fee.

(3) The arbitrator shall administer an oath or affirmation to each individual who testifies.

(4) The formal rules of evidence shall not apply. The parties may introduce any relevant evidence that will assist the arbitrator in making a decision. It shall, however, be in the arbitrator's sole discretion whether to allow such evidence and the arbitrator may exclude unduly repetitious or clearly irrelevant evidence.

(5) The consumer or their representative will present their evidence first, then the respondent-manufacturer or its representative or lessor will present its evidence.

(6) The arbitrator shall allow each party to question the other after his or her presentation and shall allow questions of each witness after his or her testimony. The arbitrator may question any party or witness at any time.

(7) Each party is responsible for presenting all his or her evidence in a concise manner on the day(s) of the hearing.

(8) All written testimony shall include a statement signed by the witness under oath that his or her testimony is true.

(9) The consumer shall bring the customized wheelchair to the hearing unless the consumer provides a reasonable basis to believe that it is inoperable or unsafe to operate. The arbitrator may, in his or her discretion, examine the customized wheelchair.

(10) After a warning, the arbitrator may terminate any hearing that becomes unmanageable due to the behavior of either party and enter judgment by default against the party whose behavior made the hearing unmanageable.

(11) The arbitrator shall have discretion to allow a party to present its case by telephone or other medium, upon a showing of good cause by the party making such request, and provided that the party has given no less than two hours advance notice to the arbitrator and to the other party. In such cases, the party requesting the hearing by telephone or other medium shall pay all costs associated therewith including, but not limited to, costs for long distance calls, conference calls, and telephone amplification equipment.

(12) Unless the arbitrator receives a consumer's written consent to a delayed decision, the arbitrator may keep the record open only for additional evidence that the arbitrator requests if that will not interfere with the timely rendering of a decision. Such additional evidence shall be provided to both parties.

Notes

201 CMR 19.10

Adopted by Mass Register Issue 1367, eff. 6/15/2018.