112 Mass. Reg. 1.19

Current through Register 1527, August 2, 2024
Section 1.19 - Rights and Duties of Parties
(1)801 CMR 1.02(10)(h)1. sets forth the individual's rights. 112 CMR 1.19 substitutes for 801 CMR 1.02(10)(h)2.
(2) Commission personnel shall present the case for the Commission. A Commission attorney may represent such personnel, so long as the Commission attorney or other Commission personnel:
(a) is responsible for an adequate investigation before reaching a decision as to eligibility or provision of services;
(b) must appear at the proceeding to justify the action or inaction of the Commission;
(c) is responsible for submitting at the proceeding complete information on which any decision at issue is based;
(d) must ensure that the case record is present at the proceeding;
(e) should introduce from the case record only the material which pertains to the issue or issues;
(f) may examine and introduce any other pertinent Commission documents;
(g) may present and establish all relevant facts and circumstances by oral testimony and documentary evidence;
(h) may advance any pertinent arguments without any undue interference; and
(i) may question or refute any evidence or testimony and have an opportunity to confront and cross-examine adverse witnesses.

112 CMR 1.19