Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.500 - Evidence

(A) General. The rales of evidence observed by courts shall not apply to fair hearings, but the hearing officer shall observe the rales of privilege recognized by law. Evidence may be admitted and given probative effect only if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. Unduly repetitious or clearly irrelevant evidence may be excluded.

The hearing officer shall not exclude evidence at the hearing because it had not been previously submitted to the Department, provided that the hearing officer may permit the Department representative reasonable time to respond to newly submitted evidence. The effective date of any adjustments to the appellant's grant level or eligibility status shall be the date on which all eligibility conditions were met, regardless of when the supporting evidence was submitted. In hearings regarding SNAP household-caused delays within 30 days of the end of SNAP certification periods, the date on which all eligibility conditions were met shall be the date on which all required household actions were taken. See 106 CMR 361.900 through 361.960. Likewise, the rules of 106 CMR 366.120: Department Responsibility to Take Timely Action apply in determining the date on which all eligibility conditions were met, when a case maintenance is reported that affects the SNAP grant amount but is not timely verified.

(B) Presentation at Hearing. Except as the hearing officer may otherwise order within his or her discretion in accordance with 106 CMR 343.600, any evidence on which a decision is based must be presented at the hearing. Copies of any evidence not submitted at the hearing shall be provided to all other parties who shall then have the opportunity to respond.

(C) Oral Testimony. Oral testimony shall be given under oath or affirmation. Witnesses shall be available for examination and cross-examination.

(D) Regulations, Statutes, Memoranda. Regulations and statutes may be put into evidence by reference to the citation or by submitting a copy of the regulations. Memoranda and other materials may be put into evidence by submission of the original or a copy.

(E) Stipulations. Stipulations of facts or stipulations as to the testimony that would have been given by an absent witness may, if agreed upon by the parties, be used as evidence at the hearing.

(F) Additional Evidence. The hearing officer may require either party, with appropriate notice to the other party, to submit additional evidence on any relevant matter.