06-096 C.M.R. ch. 40, § 3 - General Conduct of Hearing

A. Opening Statement

(1) The Presiding Officer shall open the hearing by describing in general terms the purpose of the hearing and the general procedure governing its conduct.

(2) The Presiding Officer shall read the notice of alleged violation.

B. Testimony and Questions

(1) Testimony shall be offered in the following order:

(a) Direct Testimony;

(i) Department staff and Consultants,

(ii) Other Departmental Witnesses,

(iii) Respondent or Representative, and

(iv) Respondent Witnesses.

(b) Questions. At the conclusion of the testimony of each witness questioning of witnesses shall be in the following order:

(i) Board members and their counsel may be permitted by the presiding officer to ask questions at any time,

(ii) Department staff and Consultants, and

(iii) Respondent or Representative.

C. Witnesses. All witnesses shall be sworn. Witnesses shall be compelled to attend, testify and produce records if subpoenaed by the Board.

D. Continuance. All hearings conducted pursuant to these regulations may be continued for reasonable cause and reconvened from time to time and from place to place by the Presiding Officer as circumstances require.

Notes

06-096 C.M.R. ch. 40, § 3