Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 430.00 - Inmate Discipline
Section 430.13 - The Hearing Officer's General Powers

(1) The Hearing Officer shall govern the conduct of every phase of a hearing including, but not limited to, the interpretation and construction of 103 CMR 430.00 and the conduct of all parties. The Hearing Officer may, for good cause, go into executive session at any time to consider procedures, and reconvene the hearing at a reasonable date and time.

(2) The Hearing Officer shall be impartial. If the inmate or inmate's representative challenges the impartiality of the Hearing Officer, the Director or a designee shall determine if the inmate/representative has stated substantial reasons to support the claim. For example, a witness to the event at issue shall not sit as a Hearing Officer. If the Director removes the Hearing Officer, the Director shall designate a replacement as soon as practicable.

(3) The Hearing Officer shall not be bound by the rules of evidence or privilege observed by the courts of the Commonwealth.

(4) All parties, counsel, witnesses and other persons present at a hearing shall conduct themselves in a professional manner consistent with the standards of decorum commonly observed in the courts of the Commonwealth. The Hearing Officer may take whatever appropriate actions are necessary to conduct a hearing when confronted with the improper conduct of any participant.

(5) The Hearing Officer cannot compel the attendance of non-Department of Correction staff.

(6) The Hearing Officer shall make findings of fact, determine guilt or innocence, and make sanction recommendations.