06- 096 C.M.R. ch. 3, § 19

Current through 2024-46, November 13, 2024

Section 096-3-19 - General Conduct of Hearing

A.Opening Statement. The Presiding Officer will open the hearing by describing in general terms the purpose of the hearing and the general procedures governing its conduct. Immediately following the Presiding Officer's opening statement, Department staff will offer the existing record of the license application or appeal for acceptance into the record.

B.Witnesses. All witnesses must be sworn. Witnesses are required to state for the record their name, address, business or professional affiliation, and whether they represent another individual, firm, organization, government agency or other legal entity for the purpose of the hearing. All witnesses providing sworn testimony, including pre-filed written testimony, shall be present at the hearing and subject to cross-examination by the parties. The parties have a right to question all persons present and testifying.

(1) Hearing on a License Application. Direct testimony provided at a hearing on a license application will occur in the following order unless otherwise prescribed by the Presiding Officer:

(a) applicant;

(b) intervenors;

(c) state, federal, municipal, and other governmental agencies; and

(d) members of the public.

(2) Hearing on an Appeal. Direct testimony provided at a hearing on an appeal of a Commissioner license decision will occur in the following order unless otherwise prescribed by the Presiding Officer:

(a) appellant;

(b) licensee, if different than the appellant;

(c) other intervenors;

(d) state, federal, municipal, and other governmental agencies; and

(e) members of the public.

(3) The Presiding Officer, Board members, counsel to the Department, Department staff and, if permitted by the Presiding Officer, Department hired consultants and outside agency review staff, may ask questions at any time.

(4) The Presiding Officer may require that cross-examination be conducted at the conclusion of the testimony of each category of witnesses rather than at the conclusion of the testimony of each individual witness.

(5) All parties have the right to redirect and recross examination of witnesses. Re-examination questions are limited to matters brought out in the last round of questioning, except by leave of the Presiding Officer.

(6) Rebuttal and sur-rebuttal testimony and exhibits are allowed only by leave of the Presiding Officer.

(7) Prior to or during the course of a hearing, the Presiding Officer may set time limits for direct testimony, cross-examination, or rebuttal testimony. Time limits may be adjusted by the Presiding Officer during the course of the hearing.

C.Testimony from the Public. The Presiding Officer may designate a segment of the hearing solely for receiving testimony from members of the public. In instances where a member of the public is affiliated with a party to the proceeding, the member of the public shall speak on his or her own behalf and shall not provide evidence that should have been provided by the party as part of its case in chief.

D.Questions from the Public. If a member of the public in attendance at the hearing wishes to pose a question to a witness, that person is required to submit the proposed question in writing to the Presiding Officer. If the Presiding Officer determines that the question is relevant and not repetitive, the Presiding Officer may pose the question to the witness as time permits.

E.Continuance. A hearing conducted pursuant to this rule may be continued for reasonable cause and reconvened by the Presiding Officer. The Presiding Officer will notify the parties, interested persons, and the public in a manner appropriate to ensure that reasonable notice will be given of the time and place of the reconvened hearing.

F.Regulation of Certain Devices. The placement and use of cameras, recording devices, microphones or similar devices at a hearing may be regulated by the Presiding Officer so that the equipment does not interfere with the orderly conduct of the hearing.

G.Disruptive Conduct. In order to ensure an orderly, fair and productive hearing, actions such as applause, the placement of signs in support of or opposition to a proposal, or comment from persons who have not been recognized by the Presiding Officer will not be allowed. If requests to cease disruptive conduct are not complied with, the Presiding Officer may prohibit a person from attending or participating in the hearing, adjourn the hearing, or take other appropriate action.

06- 096 C.M.R. ch. 3, § 19