Rights and Duties of Parties
Effective Jul 9, 2004MGL c. 6, § 192Massachusetts Commission for the Deaf and Hard of Hearing
- (1) 801 CMR 1.02(10)(h)1. sets forth the individual's rights. 112 CMR 1.19 substitutes for 801 CMR 1.02 (10)(h)2.
(2) Commission personnel shall present the case for the Commission. A Commission attorney may represent such personnel, so long as the Commission attorney or other Commission personnel:
- (a) is responsible for an adequate investigation before reaching a decision as to eligibility or provision of services;
- (b) must appear at the proceeding to justify the action or inaction of the Commission;
- (c) is responsible for submitting at the proceeding complete information on which any decision at issue is based;
- (d) must ensure that the case record is present at the proceeding;
- (e) should introduce from the case record only the materialwhich pertains to the issue or issues;
- (f) may examine and introduce any other pertinent Commission documents;
- (g) may present and establish all relevant facts and circumstances by oral testimony and documentary evidence;
- (h) may advance any pertinent arguments without any undue interference; and
- (i) may question or refute any evidence or testimony and have an opportunity to confront and cross-examine adverse witnesses.