Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III
Section 9.12 - Evidence

In order to provide a full and fair hearing, the Hearing Officer shall permit the parties to present testimony and documents in support of their positions. The Hearing Officer shall rule as to the admissibility of evidence so as to ensure that the evidence is pertinent, relevant and material to the proceedings, and his rulings on evidence will be final and binding. When ruling upon the admissibility of evidence, the Hearing Officer will not be bound by the usual rules of evidence used in court proceedings, and substance rather than form will prevail. The Hearing Officer may exclude repetitious or cumulative testimony. The Hearing Officer on his own motion or upon the request of a party may take judicial notice of decisions of courts or other tribunals, and official notice of generally accepted scientific and technical matters that are capable of recognition by a court of law. The Hearing Officer, in his discretion, may exclude any prospective witness or spectator from the hearing room if it is deemed their presence may influence the testimony of others. The Hearing Officer, in his discretion, may admit depositions or affidavits, or portions thereof.