06-096 C.M.R. ch. 3, § 5 - Department Staff

The role of Department staff in a licensing proceeding is to assist the Presiding Officer, Commissioner or Board in a non-advocate capacity by gathering facts, identifying issues for consideration, analyzing evidence submitted, and making recommendations regarding compliance with relevant license criteria. Department staff may communicate with the applicant regarding additional information sought on specific license criteria. Department staff may also communicate with any party regarding evidence or other materials submitted by that party.

A. Evaluation of Evidence. The experience, technical expertise and specialized knowledge of Department staff may be utilized in the evaluation of all evidence in a licensing proceeding before and during a hearing and after the hearing record is closed.

B. Hired Consultants and Outside Agency Review Staff. Department staff may hire consultants or request the aid of outside agency review staff to assist in the evaluation of evidence in a licensing proceeding. Where Department staff has asked outside agency review staff to assist in evaluation of the evidence, the outside agency review staff may submit written comments on the evidence submitted by the parties, supply information in that agency's possession, respond in writing to questions from Department staff related to matters in the agency's area of expertise-, or recommend that Department staff request additional information from the applicant on specific license criteria. Department staff shall provide notice to the parties of the availability of materials received from hired consultants or outside agency review staff.

C. Review Comments on Application. Department staff and any outside agency review staff assisting the Department in its review of the application shall submit any review comments on the application sufficiently in advance of the hearing so that the applicant has an opportunity to respond to those comments and all parties have an opportunity to review the applicant's responses. The review comments shall be submitted to the persons listed on the service list maintained by the Presiding Officer pursuant to section 3(B). This subsection does not preclude Department staff from using at any time the experience, technical expertise and specialized knowledge of hired consultants and outside agency review staff in its analysis of the evidence during the hearing and after the hearing record has closed.

D. Additional Information from Applicant. If Department staff or the Presiding Officer request additional information from the applicant pursuant to section 16(A), such requests shall be made sufficiently in advance of the hearing so that the applicant has an opportunity to respond to those requests and all parties have an opportunity to review the applicant's responses. If additional information needs arise during the hearing, the Presiding Officer shall afford the applicant a reasonable opportunity to respond to those information requests prior to the close of the hearing record.

E. Hearing and Recommendation. Department staff and, if requested by the Presiding Officer, Department hired consultants and outside agency review staff will attend the hearing to answer questions of the Presiding Officer or Board members regarding the contents of the record, ask questions of witnesses, and otherwise assist in the gathering of facts. The Presiding Officer may request hired consultants or outside agency review staff to testify at the hearing to respond to questions regarding comments submitted to the record. If this occurs parties shall be permitted to ask questions of the hired consultant or outside agency review staff person regarding their review comments. At the conclusion of the hearing and after the record is closed, Department staff will draft a recommendation for the Presiding Officer's, Commissioner's or the Board's consideration.

F. Exceptions. This section does not apply to state, federal, municipal or other governmental agencies that have not been asked by Department staff to assist in the evaluation of evidence, but rather are participating in the licensing proceeding pursuant to section 11(A) or 11(C).

Notes

06-096 C.M.R. ch. 3, § 5