Section 188-2-31 - Evidence1. Documentary and Real Evidence A. All documents, materials and objects offered and accepted as evidence shall be numbered or otherwise identified and included in the record. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. The presiding officer may require any person offering documents or photographs as exhibits to submit a specified number of copies unless the document or photograph is determined to be unsuitable for reproduction.B. All written testimony and documents, materials and objects submitted into evidence shall be made available during the course of the hearing for public examination.C. The agency record shall be submitted as documentary evidence in the hearing record.2. Objections All objections to rulings of the presiding officer concerning evidence or procedure and the grounds therefore shall be timely stated during the course of the hearing. During the course of the hearing or after the close of the hearing, the Commissioner may determine that the ruling of the presiding officer was in error and order the hearing reopened or take any other action appropriate to correct the error.
3. Offer of Proof An offer may be made in connection with an objection to a ruling of the presiding officer excluding any testimony or question on cross-examination. Such offer of proof shall consist of a statement of the substance of the proffered evidence.
4. Public Participation Any person may participate in a hearing by offering testimony, and may submit questions to the parties through the presiding officer, within such limits and upon such terms and conditions as may be fixed by the presiding officer.
5. Testimony at Hearings A. Order of Presentation. Unless varied by the presiding officer, hearing testimony shall be offered in the following order:(1) Direct evidence by applicant and applicant's witnesses in support of the application.(2) Testimony by Department staff and consultants.(3) Testimony by members of federal, state and local agencies.(4) Direct evidence by intervenors supporting the application.(5) Direct evidence by intervenors opposing the application.(6) Testimony by members of the public.B. Questions. At the conclusion of their testimony each witness may be questioned in the order described below. The presiding officer may require that questioning of witnesses be conducted only after the conclusion of testimony by an entire category of witnesses for the purposes of efficiency or clarity of record. (1) The presiding officer, Department legal counsel and Department staff may question witnesses at any time.(3) Federal, state and local agency representatives.(5) At the discretion of the hearing officer, all other members of the public may have the opportunity to question witnesses directly or by oral or written questions through the presiding officer.6. Conclusion of Hearing A. At the conclusion of the hearing the record shall be closed and no other evidence or testimony will be allowed into the record, except by stipulation of the parties or as specified by the presiding officer.B. The Commissioner may re-open the hearing record after it has been closed to take additional evidence on specific issues where the Commissioner is not satisfied that they have all the information necessary to make a decision.13-188 C.M.R. ch. 2, § 31