Evidence

(1) There are no formal rules of evidence in fair hearings. The hearing officer shall follow statutory rules of privilege recognized in Massachusetts. The hearing officer may admit any evidence if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. The hearing officer may exclude repetitious or irrelevant evidence. 1.610: continued (2) The hearing officer shall not exclude evidence at the hearing for the reason that it had not been previously submitted to the Case Management Provider, provided that the Case Management Provider representative has reasonable time to examine and respond to the newly submitted evidence. However, the Case Management Provider may not offer documents or records that it has not previously made available to the appellant. (3) The effective date of any adjustments to the appellant's grant level or eligibility status shall be the date on which all eligibility conditions were met, regardless of when the supporting evidence was submitted. (4) Except as the hearing officer may order under 121 CMR 1.635 and 1.710, evidence on which a decision is based must be presented at the hearing. Copies of any evidence not submitted at the hearing shall be provided to all other parties who shall then have the opportunity to respond. (5) Witnesses shall give oral testimony under oath or affirmation and be available for cross-examination. (6) Regulations and statutes may be put into evidence by reference to the citation or by submitting a copy of the regulations. Memoranda and other materials may be put into evidence by submission of the original or a copy. (7) Parties may submit as evidence stipulations of facts or stipulations to the accuracy of testimony by absent witnesses. (8) The hearing officer may require either party, with appropriate notice to the other party, to submit additional evidence on any relevant matter.