Code of Massachusetts Regulations
803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES
Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination
Section 1.19 - Duties and Powers of the Hearing Examiner
Universal Citation: 803 MA Code of Regs 803.1
Current through Register 1531, September 27, 2024
(1) The duties of a presiding Hearing Examiner shall include, but are not limited to, the following:
(a) to maintain a list of
the names and addresses of all individuals who are in attendance at the
hearing;
(b) to administer the oath
or affirmation to each witness prior to his or her testimony;
(c) to assist all witnesses in making a full
and free statement of the facts in order to bring out all the information
necessary to decide the issues involved;
(d) to ensure orderly presentation of the
evidence;
(e) to ensure that all
parties have a full opportunity to present their claims at the scheduled
hearing;
(f) to receive, rule on,
exclude, or limit evidence;
(g) to
receive and rule on all motions; and
(h) to assess the reliability of the exhibits
introduced into evidence and credibility of witnesses; draw all reasonable
inferences therefrom; and render a fair, independent and impartial decision
based on the issues and evidence presented and in accordance with the
law.
(2) The powers of the presiding Hearing Examiner shall include, but are not limited to, the following:
(a) to limit attendance or assign
seating, or both, at the hearing in consideration of security, space
availability, privacy and confidentiality;
(b) to request that parties produce
additional evidence;
(c) to examine
witnesses;
(d) to rule on any
motions or requests made during the hearing;
(e) to regulate the presentation of evidence
and the participation of the parties for the purposes of ensuring an adequate
and comprehensive record of the hearing;
(f) to change the date, time or place of the
hearing on his or her own motion or at the request of any Party, upon due
notice to all parties;
(g) to
continue a hearing that is in progress. All parties shall be notified of the
date, time and place of the continued hearing;
(h) to request that parties submit
post-hearing briefs and/or proposed findings; and
(i) to take notice of any fact which may be
judicially noticed by courts, as well as general, technical or scientific facts
within the Board's specialized knowledge, pursuant to M.G.L. c. 30A, §
11(5).
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