Conduct of Hearings

(1) When it has been determined under 806 CMR 2.03(2) a that prima facie basis for the complaint exists, the Councilshallschedule a hearing and shall inform the complainant and the agency or individual complained against of the hearing and their rightsto appearand to be represented by counsel. Pursuant to M.G.L. c. 30A, § 12, the Council (acting through its counsel or the presiding officer) may on its own motion and shall upon request of any party issue subpoenas to require attendance and testimony of witnesses or the production of relevant documents. (2) The hearing shall be conducted as an adversary proceeding in which each party shall be permitted to make an opening statement, to present motions, to present affirmative witnesses and cross-examine opposing witnesses. The Chair or a member designated by him or her shall be the chief hearing officer and shall preside over such hearings. The chief hearing officer may admit any evidence which is reliable. Decisions of the hearing officer concerning the admissibility of evidence may be overridden by a vote of the hearing panel. (3) The hearing required to be held under 806 CMR 1.00 may be held before three or more members of the Council rather than the full Council, provided that the Council so approves by majority vote, which vote may be conducted by a telephone polling of the members of the Council. If the hearing is held before less than majority of the Council, a decision shall be made only after: (a) a tentative or proposed decision is delivered or mailed to the parties containing a statement of reasons and including determinations of each issue of fact or law necessary to the tentative proposed decision; and (b) an opportunity is afforded each party adversely affected to file objections and to present argument, either orally or in writing as the Council may order, to a majority of the Council. Except as otherwise provided by 806 CMR 1.00 or other regulations which may be adopted by the Council, M.G.L. c. 30A, §§ 11 and 12 shall govern the conduct of such hearings.