Section 229-100-04 - HEARING PROCEDURESA. Presiding Officer The presiding officer at the hearing shall be the Commissioner or a person whom he designates.
B. Authority of Presiding Officer The presiding officer shall have the authority to (1) rule on issues of evidence; (2) limit the issues being considered; (3) where good cause is shown, limit, alter or amend the rules of procedure; (4) administer oaths and (5) take other action when needed to have an efficient and orderly hearing.
C. General Conduct 1. The presiding officer shall open the hearing by describing in general terms its purpose and the procedures to be used. Appearances will then be entered on the record. Any party to the proceeding may make opening statements or motions.2. The department shall record all hearings in a form susceptible to transcription. A copy of the transcript shall be available to interested parties or the public at cost.3. The record of the hearing shall consist of the formal notice, the application or complaint, the transcription of the hearing, all exhibits and the findings of fact and conclusions of the presiding officer.4. Witnesses shall be sworn in before testifying. Witnesses shall state their names, residences and who they represent, if anyone, before testifying.5. The parties to any hearing or investigation may, by stipulation in writing, agree upon the facts or any portion thereof, involved in the controversy. Such stipulations shall become part of the record and may be used by the presiding officer as evidence. At any time prior to or during the course of the hearing, the presiding officer may require that all or part of any testimony to be offered at the hearing, be submitted in written form. All persons offering testimony in written form shall be subject to questioning.
6. Any party may by written application request a pre-hearing conference to be held to consider the issues or to make an informal disposition of the proceeding by stipulation, agreed settlement or consent order. At any time prior to the hearing date, the presiding officer may call a pre-hearing conference. Written notice of the conference shall be mailed to all parties of record.7. The presiding officer shall designate the order of appearance of the parties to the proceeding.17-229 C.M.R. ch. 100, § 04