950 CMR, § 101.07 - Hearing Procedures

(1) Notice of Hearing. The Division shall notify all parties and intervenors of a scheduled hearing in any pending matter. Such notification shall include, but need not be limited to, the time, date, place and nature of the hearing and shall be served at least seven days prior to the hearing on all parties or others according to 950 CMR 101.03.

(2) Hearing.

(a) Presiding Officer. Unless the statute shall otherwise specify, the hearing shall be conducted by a duly appointed hearing officer, the Director of the Division, or a member of the Division appointed by the Director to conduct the hearing.

(b) Sworn Testimony. All testimony given at a Division hearing shall be under oath administered by the presiding officer.

(c) Order of Presentation. The moving or complaining party shall present his evidence or testimony first. Where there is more than one moving or complaining party the order of presentation shall be in the discretion of the Division. After all evidence and testimony of the complaining or moving parties have been received, all other parties shall be allowed to present their evidence or testimony. All parties, other than the party introducing the testimony, shall be allowed to cross-examine any witness immediately after his testimony has been received.

(d) Conduct. All parties, counsel, witnesses, and other persons present at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in the courts of this Commonwealth. Where such decorum is not observed, the Division may take such action as it deems appropriate.

(3) Hearing Officer. Where authorized by statute, the Director of the Division may appoint a hearing officer. The hearing officer shall have all those powers conferred on the Division in the conduct of hearings.

(4) Oral Argument. A party shall have a right before the close of the hearing to argue orally, but the Division may impose reasonable limitations upon the length of such argument. The Division may in its discretion permit additional oral argument at any time after the close of a hearing, provided all parties are given reasonable opportunity to be heard.

Notes

950 CMR, § 101.07