95- 629 C.M.R. ch. 4, § 13

Current through 2024-51, December 18, 2024
Section 629-4-13 - Hearings, general provisions
A.Hearings held when required. Hearings will be held whenever required by statute, and otherwise as the Board may determine in specific cases.
B.Fairness. Hearings shall be conducted in an impartial manner.
C.Rights of the parties. Unless limited by stipulation or order in accordance with these rules, or unless limited by the Board to prevent repetition or unreasonable delay in proceedings, every party shall have the right to present evidence and argument on all relevant issues, and at any hearing to call and examine witnesses and to make oral cross-examination of any person present and testifying.
D.Agency participation. Hearings will be held before the Board or such presiding officer as the Board may designate. The Agency may appear at any hearing and shall have the same rights, obligations and duties as any other party to the proceeding.
E.Sworn testimony. All witnesses shall swear that their testimony is wholly truthful or shall make a solemn affirmation to that effect in lieu thereof.
F.Presiding officer
1.Authority. Pursuant to 5 MRSA section9062, the Board may designate a presiding officer for any hearing. A presiding officer shall have all powers enumerated in 5 MRSA section9062(3) and in these rules and, in addition, may exercise such powers of the Board under these rules as the Board may designate.
2.Reports
a. Any proposed findings of fact or any proposed decision prepared by the presiding officer shall be made only in the form of a written report. A copy of the report shall be provided to each party and an opportunity shall be provided for responses or exceptions to be filed by each party. The presiding officer shall establish the time within which responses or exceptions may be filed.
b. The presiding officer may orally recount the evidence and may orally provide the Board with advice in the course of its deliberations, whether or not a report has been prepared. When a report has been prepared and the time for filing has elapsed, the presiding officer may, upon request of the Board, comment upon the proceeding, the report and the exceptions thereto.
G.Continuances. Changes in the time and place of the first session of a hearing may be requested in writing, reasonably in advance of the time scheduled. The Board or presiding officer with the concurrence of the Board may grant or deny the request. Changes in the schedule of subsequent sessions of a hearing may be announced to the parties on the record during the hearing. It shall be the responsibility of any party not in attendance to inquire whether any such changes have been announced. Motions for continuances shall be made no less than four (4) days before the date set for the beginning of a hearing.

95- 629 C.M.R. ch. 4, § 13