456 CMR, § 13.07

Current through Register 1533, October 25, 2024
Section 13.07 - Authority of Department Agent Presiding at Hearing

The hearing officer presiding at a hearing shall have the right to inquire fully into the facts relevant to the subject matter of the hearing. The hearing officer shall have the authority to:

(1) Administer oaths and affirmations;
(2) Issue subpoenas;
(3) Rule upon motions to revoke or modify subpoenas;
(4) Rule upon offers of proof and receive relevant evidence;
(5) Permit depositions to be taken when appropriate;
(6) Limit the examination and cross examination of each witness to one representative for each party;
(7) Hold conferences for the settlement or clarification of the issues;
(8) Dispose of procedural requests or similar matters;
(9) Require the parties to identify prospective witnesses at least ten days prior to a scheduled hearing whenever possible;
(10) Require the parties to call, examine, and cross-examine witnesses, and to introduce into the record documentary or other evidence;
(11) Request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof or to request that the parties submit proposed findings of fact, conclusions of law and requests for remedial relief;
(12) Continue the hearing from day to day or to adjourn the hearing to a later date or to a different place, by announcement thereof at the hearing or by other appropriate notice;
(13) Rule on the admissibility of evidence;
(14) Require the parties to submit pre-filed direct testimony;
(15) Require the parties to electronically submit documentary exhibits to the hearing; and
(16) Take any other action authorized by 456 CMR 13.00.

456 CMR, § 13.07

Amended by Mass Register Issue 1322, eff. 9/23/2016.