Compliance Hearing - Order of Proceedings

(1) The compliance hearing shall be conducted by a hearing officer designated by the Commissioner. The hearing officer shall govern all aspects of the hearing. The Sheriff/facility administrator shall first make a presentation regarding each item contained in the notice of non-compliance that is the predicate for the hearing. Such presentation shall include, but shall not be limited to, evidence of: (a) compliance with 103 CMR 900.00 through 979.00; (b) circumstances giving rise to any instance of non-compliance with 103 CMR 900.00 through 979.00; (c) explanation of any failure or inability to comply with 103 CMR 900.00 through 979.00; and, (d) explanation of plans to remedy any instances of non-compliance. (3) The Commissioner may designate a Department of Correction employee, someone other than the hearing officer to make a presentation regarding each item contained in the notice of non-compliance that is the predicate for the hearing. Said employee may present any evidence relevant to the contents of the notice of non-compliance and response thereto, including but not necessarily limited to, evidence of: (a) compliance with 103 CMR 900.00 through 979.00; (b) circumstances giving rise to any instance of non-compliance with 103 CMR 900.00 through 979.00; (c) explanation of any failure or inability to comply with 103 CMR 900.00 through 979.00; (d) commentary upon and explanation of any plans to remedy any instances of non­ compliance; and, (e) recommended disposition. The hearing officer may thereafter, in his/her discretion, hear testimony or take other relevant evidence from any person; provided, that such person has filed a notice of intervention at or prior to the hearing, in which is set forth identification of the proposed intervener, a statement of the issues on which he/she wishes to be heard, and a summary of the evidence to be presented on each issue. Where necessary the hearing officer may continue the hearing to a subsequent date to permit reception of third party evidence.