Procedure at Preliminary Revocation Hearing

(1) At the beginning of the preliminary revocation hearing, the hearing examiner shall ascertain that the parolee received adequate and timely written notice of the preliminary revocation hearing as required by 120 CMR 303.06. (2) The hearing examiner shall advise the parolee of the following: (a) the parolee may have the preliminary revocation hearing postponed in order to obtain representation by an attorney or arrange for the attendance of witnesses; and (b) the parolee may request the presence of persons who have given information upon which revocation of parole may be based. (3) The hearing examiner shall review the violation charges with the parolee, and apprise the parolee of the evidence presented. The hearing examiner may disclose documentary evidence by permitting the alleged violator to examine the document during the hearing or, where appropriate, by orally reading or summarizing the document. Evaluative and intelligence information may be withheld and summarized as provided in 120 CMR 500.00: Dissemination of CORI, Evaluative Information, and Intelligence Information. (4) The hearing examiner shall allow cross-examination of adverse witnesses unless the examiner finds good cause to disallow cross-examination. (5) At the conclusion of the preliminary revocation hearing, the hearing examiner shall inform the parolee that a recommendation as to the disposition of the case will be made to the Parole Board member(s) for final decision, and that the Parole Board will notify the parolee in writing of the final decision forthwith. The hearing examiner may reveal the recommendation to the parolee if appropriate.