523 CMR, § 21.05

Current through Register 1536, December 6, 2024
Section 21.05 - Hearing

Hearings convened pursuant to 523 CMR 21.00 shall be conducted pursuant to 801 CMR 1.02: Informal/Fair Hearing Rules and M.G.L. c. 30A. Any party may be represented by legal counsel. All parties shall be permitted to present an opening statement, testify on their own behalf, cross-examine all witnesses, present any relevant witness testimony, present any relevant documentary evidence, and offer a closing argument. The Commission may question any witness and include any records kept by the Commission as exhibits. The Commission may conclude the hearing at any time and issue a decision based on the evidence presented.

If a licensee does not appear for the hearing, the Commission may conduct a hearing in his or her absence and render a decision based upon the evidence presented, but only after making a finding that the licensee was provided notice as required by 523 CMR 21.04.

The Commission may designate a hearing officer from the Department of Public Safety to convene a hearing and either make a recommendation or issue a decision on its behalf.

523 CMR, § 21.05

Amended by Mass Register Issue 1331, eff. 1/27/2017.