Hearings

(1) Notice of Hearing. The agency shall notify all parties and interveners of a scheduled hearing in any pending matter. Such notification shall include, but need not be limited to, the time, date, place and nature of the hearing and shall be served at least seven days prior to the hearing on all parties or others according to 950 CMR 31.04. (2) Hearing. (a) Presiding Officer. Unless the statute shall otherwise specify, the hearing shall be conducted by a duly appointed hearing officer, the agency chairman, or a member of the agency appointed by the chairman to conduct the hearing. (b) Quorum. Where the hearing is to be conducted before the members of the agency, a quorum for purposes of conducting the hearing shall be a majority of the members. (c) Power of Presiding Officer. The presiding officer shall initially make all decisions regarding the admission or exclusion of evidence or any other procedural matters which may arise in the course of the hearing. (d) SwornTestimony. Alltestimonygivenat an agency hearing shall be under oath administered by the presiding officer. (e) Order of Presentation. The moving or complaining party shall present his evidence or testimony first. Where there is more than one moving or complaining party the order of presentation shall be in the discretion of the agency. After all the evidence and testimony of the complaining or moving parties have been received, all other parties shall be allowed to present their evidence or testimony. All parties, other than the party introducing the testimony, shall be allowed to cross-examine a witness immediately after his testimony has been received. (f) Conduct. All parties, counsel, witnesses and other persons present at a hearingshall conduct themselvesinamanner consistent with the standards of decorum commonly observed by thecourts of this Commonwealth. Where such decorum is not observed, the agency may take such action as it deems appropriate. (3) Hearing Officer. The Supervisor of Public Records may serve as hearing officer, as allowed by M.G.L. c. 3, § 45. He shall have all powers conferred on the Secretary of the Commonwealth and he is empowered to make all decisions that would finally determine the proceeding. The hearing officer's decision shall comply with 950 CMR 31.06(8). (4) OralArgument. Aparty shall have a right before the close of the hearing to argue orally, but the agency may impose reasonable limitations upon the length of such argument. The Agency may in its discretion permit additional oral argument at any time after the close of a hearing, provided all parties are given reasonable opportunity to be heard.