Discovery

(1) 112 CMR 1.17 supplements 801 CMR 1.02(8) and governs access to individual records for the purpose of a fair hearing, notwithstanding any other regulations promulgated by the Commission. (2) The presiding officer shall rule on all disputed requests for discovery. (3) If the presiding officer allows access to a case file by an individual or the individual's authorized representative, but finds that to release such records to a individual may be harmful to the physical or mental health of the individual, the presiding officer may, after informingthe individualofsuchfindings: (a) grant access to a summary of information from such record to the individual, if acceptable to the individual; or (b) grant access to the record or portion thereof, with appropriate recommendations to the individual's parent, guardian or other authorized representative; or (c) grant access to the individualunder the condition that the record is reviewed in the presence ofa physician or licensed psychologist designated and paid by the individual, provided, however, that if the individual is unable to pay for such services, the Commission shall provide the services of one of its providers or consultants who shall review the record with the individual.