651 CMR 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 onevidence willbe 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.