Rights and Duties of Parties in the Fair Hearing Process

(1) 801 CMR 1.02 (10)(g)1. and 2. sets forth the parties’ individual rights including those of the Commission. 1.15: continued (2) Commission personnel shall present the case for theCommission. The Commission’s presentation of the case must include: pertinent material from the individual’s case record and other related documents, supportive oral testimony, applicable state and or federal regulations and evidenceof good professional rehabilitation practice. Staff may be represented at the hearing by an attorney or other Commission employee. (3) The individual must present his or her argument in support of his/her position. This includes giving oraltestimony, presentingwitnesses and submitting documentary evidence to support his or her case. The individual may be represented by an advocate, a public or private attorney or by any other representative of his or her choice. In the event, that the individual chooses a private attorney; the individual will be responsible for all related expenses. (4) Both the Commission and the individualmayexamine allevidence and present testimonyin cross examination and may also have an opportunity to question any and all adverse witnesses.