Evidence

(1) Evidence. Unless otherwise provided by any law, agencies need notobserve the rules of evidence observed by courts, but shall observe the rules of privilege recognized by law. Evidence may be admitted and given probative effect only if it is the kind of evidence on which reasonable persons are accustomed to rely in the conductofseriousaffairs. Agencies may exclude unduly repetitious evidence, whether offered on direct examination or cross-examination of witnesses. (2) Rights of Parties. Every party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses who testify; and to submit rebuttal evidence. (3) Offering Evidence. All evidence, including any records, investigation reports, and documents in the possession of the agency of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the record in the proceeding, and no other factual information or evidence shallbe considered, except as provided in 950 CMR 201.06(4). Documentaryevidence may be received in evidence in the form of copies or excerpts, or by incorporation by reference. (4) Official Notice. Agencies may take notice of any fact which may be judicially noticed by the courts, and in addition, may take notice of general, technical or scientific facts within their specialized knowledge, provided, however, that such facts and knowledge shall be offered and made part of the record of the proceeding. Parties shall be afforded an opportunity to contest the facts so noticed. Agencies may utilize their experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to them. (5) Production and View of Objects. A party may file a motion for the production or view of any object which relates to the subject matter of any proceeding then pending before the agency. Said motion shall be filed in accordance with 950 CMR 31.03(6) and shall be granted in the discretion of the agency where justice requires. (6) Stipulations. In the discretion of the agency, the parties may, by stipulation in writing filed with the agency at any stage of the proceeding or orally made at the hearing, agree upon any pertinent facts in the proceeding. In making its findings, the agency need not be bound by any such stipulation. (7) Objections and Exceptions. Formal exceptions to rulings on evidence and procedure are unnecessary. It is sufficient that a party, at the time that a ruling of an agency is made or sought, makes known to the agency the action which he desires taken or his objection to such action and his grounds therefore; provided, that if a party has no opportunity to object to a ruling at the time it is made or to request a particular ruling at anappropriate time, suchparty, withinthree days of notification of action taken or refused, shall state his objection and his grounds therefore. (8) Decisions. Every agency decision shall be in writing or stated in the record. The decision shall be accompanied by a statement of reasons for the decision, including determination of each issue of fact or law necessary to the decision, unless the General Laws provide that the agency need not prepare suchstatement inthe absence ofa timely request to do so. Parties to the proceeding shall be notified in person or by mail of the decision; of their rights to review or appeal the decision within the agency or before the courts, as the case may be; and of the time limits on their rights to review of appeal. A copy of the decision and of the statement of reasons, shall be delivered or mailed upon request to each party and to his attorney of record. (9) Official Record. The agencyshallmake available an official record which shall include testimony and exhibits, and which may be in narrative form. The agency is to arrange to transcribe shorthand notes or sound recordings to be later transcribed. The agency may require the payments of the reasonable costs for copies. (10) Subpoenas. In conducting adjudicatory proceedings, agencies shall issue, vacate, modify and enforce subpoenas in accordance with the following provisions: (a) Agencies shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents relating to any matter in question in the proceeding. Agencies may administer oaths and affirmations, examine witnesses, and receive evidence. The power to issue subpoenas may be exercised by any person or persons designated by the agency for such purpose. (b) The agency may prescribe the form of subpoena, but it shall adhere, in so far as practicable, to the form used in civil cases before the courts. Witnesses shall be summoned in the same manner as witnesses in civil cases before the courts, unless another manner is provided by any law. Witnesses summoned shall be paid the same fees for attendance and travel as in civil cases before the courts, unless otherwise provided by law. (c) Any party to an adjudicatory proceeding shall be entitled as of right to the issue of subpoenas in the name of the agency conducting the proceeding. The party may have such subpoenas issued by a notary public or justice of the peace, or he may make written application to the agency, which shall forthwith issue the subpoenas requested. However issued, the subpoena shall show on its face the name and address of the party at whose request the subpoena was issued. Unless otherwise provided by any law, the agency need not pay fees for attendance and travel to witnesses summoned by a party. (d) Any witness summoned may petition the agency to vacate or modify a subpoena issued in its name. The agency shall give prompt notice to the party, if any, who requested issuance of the subpoena. After such investigation as the agency considers appropriate it may grant the petition in whole or part upon a finding that the testimony, or the evidence whose production is required, does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive, or has not been issued a reasonable period in advance of the time when the evidence is requested. (e) Upon the failure of any person to comply with a subpoena issued in the name of the agency and not revoked or modified by the agency as provided in 950 CMR 31.06, any justice of the superior court, upon application by the agency or by the party who requested that the subpoena be issued, may in his discretion issue an order requiring the attendance of such person before the agency and the giving of testimony or production of evidence. Any person failing to obey the court's order may be punished by the court for contempt.