Code of Massachusetts Regulations
109 CMR - DEPARTMENT OF YOUTH SERVICES
Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES
Section 8.10 - Role of the Hearing Officer

(1) The Hearing Officer shall have the duty to conduct a hearing in a fair and impartial manner.

(2) The Hearing Officer shall consider all evidence presented, ensure an orderly presentation of the evidence and reach a decision based upon the issues and evidence presented at the hearing, and in accordance with the law.

(3) The Hearing Officer shall not engage in ex parte communication with any party to a hearing, either prior to, during, or after the resolution of the case, or conduct an independent investigation into any facts or circumstances.

(4) The Hearing Officer shall not be bound by common law or statutory rules of evidence.

(5) The Hearing Officer may continue or adjourn the hearing with or without the consent of the parties, if, in his or her judgement, a fair and impartial hearing requires such a delay.

(6) The Hearing Officer is vested with all the power and authority granted to the Department to revoke and modify any previous order granting liberty subject to the appeal process and subject to the statutory authority vested in the Commissioner.

(7) The Hearing Officer may weigh the relevancy of all evidence offered and exclude irrelevant or repetitious evidence.

(8) The Hearing Officer's decision must be based upon a preponderance of the evidence offered.

(9) The Hearing Officer shall issue a written decision no later than two business days after the hearing. This decision shall set forth the evidence upon which it is based.

(10) Notwithstanding the provisions of 109 CMR 8.10, the Hearing Officer may take a case under advisement for any reasonable length of time.