Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.420 - Department Rights and Responsibilities
Current through Register 1531, September 27, 2024
The Department can present its case or can request the assistance of a Department attorney.
The Department shall:
(A) submit all evidence on which any decision at issue is based at the hearing;
(B) designate a representative to represent the Department at the hearing and arrange for adequate space for the hearing;
(C) resent witnesses when appropriate and subpoena witnesses upon request to DOH;
(D) ensure that the case record is available at the hearing and that the appellant has adequate opportunity to examine it prior to and during the hearing;
(E) introduce evidence from the case record and other pertinent Department documents which pertain to the issues raised during the hearing;
(F) present and establish all relevant facts and circumstances by oral testimony and documentary evidence;
(G) have the right to make pertinent arguments without undue interference;
(H) have the right to question and refute any testimony and confront and cross-examine adverse witnesses; and
(I) arrange for the appearance at the hearing of a representative of other programs, if appropriate.
