450 Powers and Duties of the Hearing Officer (A)

The hearing officer shall: (1) administer the oath or affirmation to those testifying at the hearing including any interpreter/translator; (2) help all those present in making a full and free statement of the facts to bring out all the information necessary to decide the issues involved and to ascertain the rights of the parties; (3) ensure an orderly presentation of the evidence; (4) ensure that all parties have a full opportunity to present their claims orally or in writing and to present witnesses and evidence to establish their claims; (5) receive, rule on, exclude, or limit evidence; (6) introduce into the record by reference or production any regulations, statutes, memoranda, or other materials he or she believes relevant to the issues at the hearing; (7) ensure a record is made of the proceedings; (8) render a fair, independent and impartial decision based on the issues and evidence presented at the hearing and in accordance with the law and to order Department action if appropriate; and (9) inform appellants who are not fluent in English of the right to a full and accurate interpretation by their own interpreter, or by a Department-provided interpreter. The hearing officer shall conduct any bilingual hearing in accordance with the guidelines for conducting hearings through interpretation in the Department’s manual for hearing officers. To ensure full understanding and participation by non-English-speaking appellants, all statements, including questions, answers, and comments, of all persons participating in the hearing, shall be fully translated without alteration of such statements, such as by changing the statement from the first person to the third person. (B) The hearing officer shall have the following powers: (1) to limit attendance at the hearing; (2) to change the date, time, or place of the hearing on his or her own motion or at the request of any party, upon due notice to the parties; (3) to request a statement of the issues and define the issues; (4) to regulate the presentation of evidence and the participation of the parties for the purpose of ensuring an adequate and comprehensive record of the proceedings; (5) to issue subpoenas on his or her own motion or upon request of any party to secure the presentation of evidence or testimony; (6) to question witnesses and ensure that relevant evidence is secured and introduced; (7) to continue the hearing to a later date to let either party to produce additional relevant evidence, witnesses, or other materials; (8) to authorize, when appropriate, the Department to pay for the costs of an independent medical examination; (9) to rule on any requests that may be made during the hearing; (10) to reconvene the hearing at his or her discretion at any time prior to the rendering of the decision in accordance with 106 CMR 343.600; and (11) to order written briefs to be submitted provided that all parties shall be notified of the submission of the briefs and have opportunity to answer.