Code of Massachusetts Regulations
121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS
Title 121 CMR 1.000 - Fair Hearings
Section 1.210 - Powers and Duties of the Hearing Officer

(a) Administer the oath or affirmation to anyone who will testify at the hearing and to an interpreter/translator;

(b) Insure that everyone present has a full opportunity to offer all information necessary to decide the issues involved and protect the rights of the parties;

(c) Insure an orderly presentation of the evidence;

(d) Give all parties a full opportunity to present their claims orally or in writing and to secure witnesses and evidence to establish their claims;

(e) Receive, rule on, exclude, or limit evidence;

(f) Introduce into the record by reference or production any regulations, statutes, memoranda, or other materials he or she believes relevant to the issues at the hearing;

(g) Insure a record is made of the proceedings;

(h) Make a fair, independent and impartial decision based on the issues and evidence presented at the hearing and in accordance with the law and, when appropriate, order ORI or Case Management Provider action; and

(i) Inform appellants who are not fluent in English of the right to a full and accurate interpretation by their own interpreter, or by an ORI-provided interpreter. All statements, including questions, answers and comments, of the appellant, hearing officer, witnesses, and any other persons participating in the hearing, shall be fully translated without any alteration.

(a) Limit attendance at the hearing;

(b) Change the date, time, or place of the hearing;

(c) Request a statement of the issue(s) and define the issue(s);

(d) Regulate the presentation of evidence to insure a complete record of the proceedings;

(e) Issue subpoenas on his or her own or upon request of any party;

(f) Examine witnesses;

(g) Continue the hearing to permit either party to produce additional evidence, witnesses, or other materials;

(h) Authorize, when appropriate, ORI to pay for the costs of an independent medical examination;

(i) Rule on any requests that may be made during the hearing;

(j) Reconvene the hearing at his or her discretion at any time prior to making the final decision under 121 CMR 1.635; and

(k) Order parties to submit briefs.