Current through Register 1518, March 29, 2024
(1) Hearings may be
held for the following reasons:
(a) In
furtherance of any investigation conducted by the Office pursuant to
970 CMR
3.04, and may include the taking of testimony
of witnesses pursuant to summonses issued under
970 CMR 3.05 or those
who are invited to testify before the Director;
(b) Upon request by any person or political
committee after receiving notification from the Director of his or her
intention to present to the attorney general evidence of any alleged violation
of M.G.L. c. 55 or regulations promulgated thereunder, to permit the alleged
violator to present evidence to the contrary, provided the request is received
by the Director within ten days of receipt of notification by the alleged
violator.
(2) The
testimony of all witnesses shall be heard only at private hearings which shall
be governed by all provisions of secrecy applicable to grand jury
proceedings.
(3) The testimony of a
witness shall be taken under oath administered by the presiding officer, a
notary public or other Person authorized by the laws of the Commonwealth to
administer oaths. Witnesses shall be sworn before testifying.
(4)970 CMR
3.00 shall be made available in printed form to each
witness prior to his or her testimony.
(5) A witness shall have the right to be
represented at a hearing by counsel. Counsel shall file a written Notice of
Appearance with the Office before representing a witness at a
hearing.
(6) All provisions with
reference to secrecy which govern proceedings of a grand jury shall govern
proceedings before the director.
(7) There shall be a Presiding Officer at all
hearings, who shall be the Director or his designee, who shall conduct said
hearing.
(8) A witness shall be
informed, prior to his or her testimony, of the privilege against
self-incrimination.
(9) Testimony
at all hearings shall be recorded by a stenographer or a mechanical recording
device.
(10) Witnesses, counsel and
other persons present at a hearing shall conduct themselves in a manner
consistent with the standards of decorum commonly observed in any court. Where
such decorum is not observed, the Director may take appropriate
action.
(11) The examination and
cross-examination of witnesses shall be subject to the following:
(a) At any hearing conducted in furtherance
of any investigation as provided by 970 CMR 3.06(l)(a):
1. Witnesses may be examined and
cross-examined by the Director, Legal Counsel and Office staff at the
discretion of the Presiding Officer;
2. Counsel for the witness shall not be
permitted to examine or cross-examine the witness, but the witness shall have
the right to consult with his or her counsel;
3. At the close of his or her testimony, a
witness may make a brief closing statement. A witness may be asked additional
questions after his or her closing statement.
(b) At any hearing conducted as the result of
any Request for Hearing, as provided by 970 CMR 3.06(1)(b):
1. The requesting party, or his or her
counsel, may make a brief opening statement for the purpose of highlighting
issues to be addressed and summarizing evidence to be adduced during the
presentation of evidence;
2.
Witnesses may be examined and cross-examined in accordance with 970 CMR
3.06(11)(b);
3. At the close of all
evidence presented, the requesting party, or his or her counsel may make a
brief closing statement.
4. The
Presiding Officer shall have the discretion to require that any such
examination or cross-examination be modified in any
manner.
(12) A
witness or his or her counsel may object to a question on the ground of
privilege against self-incrimination. A witness may refuse to answer a question
on the ground of this privilege. If a witness claims the privilege, he or she
shall not be required to answer the question at that time.
(13) Strict rules of evidence applicable in a
judicial proceeding shall not be applied.
(14) The order of proceedings shall be as
follows:
(a) At any hearing conducted in
furtherance of any investigation, as provided by 970 CMR 3.06(l)(a):
1. A witness called to testify shall be
permitted to make a brief opening statement, after being sworn;
2. The witness may be examined and
cross-examined in accordance with 970 CMR 3.06 (1 l)(a);
3. At the close of his or her testimony, a
witness may make a brief closing statement.
A witness may be asked additional questions after his or her
closing statement,
(b) At any hearing conducted as the result of
any Request for Hearing, as provided by 970CMR 3.06(l)(b):
1. The requesting party, or his or her
counsel, may make a brief opening statement for the purpose of highlighting
issues to be addressed and summarizing evidence to be adduced during the
presentation of evidence;
2.
Witnesses may be examined and cross-examined in accordance with 970 CMR 3.06 (1
l)(b);
3. At the close of all
evidence presented, the requesting party, or his or her counsel may make a
brief closing statement.
(15) A witness, or requesting party may file
a sworn statement for inclusion in the record of the private hearing, which may
be filed prior to the hearing, during the hearing, but no later than five
calendar days after the hearing has been concluded or adjourned.
(16)
Transcript of
Proceeding.
(a) All hearings
shall be recorded by a stenographer or a mechanical recording device.
(b) Transcripts of a witness' testimony may
be prepared upon request of and at the expense of the witness. The transcript
shall be made available to the witness and his counsel for inspection at the
Office.
(c) The witness or counsel
for the witness shall be notified when such transcript is available for
inspection. The witness shall then have seven days (excluding Saturdays,
Sundays and legal Holidays) to indicate to the Office any alleged inaccuracies
in the transcript. Requests to correct alleged inaccuracies shall be submitted
in writing to the office to the attention of the Presiding Officer, who shall
agree or disagree to amend the transcript to reflect the change. If the
Presiding Officer disagrees, the witness proposed list of alleged inaccuracies
shall be appended to the transcript.
(d) It shall be within the discretion of the
Presiding Officer to provide a transcript of a witness' testimony to that
witness, upon written request by the witness or his counsel, and at the expense
of the witness.
(e) Transcripts of
private hearings shall be kept confidential subject to the same restrictions on
use as those applying to grand jury transcripts.
(17) Nothing contained in 970 CMR 3.06 shall
be construed to limit the manner and extent to which the Office may interview
persons while conducting reviews or investigations, as provided by
970 CMR
3.04(2)(b).
