Reopening before Decision

After the close of the hearing and before a decision, the hearing officer may reopen the record or, if appropriate, the hearing if he or she finds need to consider further testimony, evidence, materials or legal rules before rendering his or her decision. If the hearing officer decides to reopen the record, he or she must notify all parties accordingly and all parties will have the opportunity to submit such additional testimony, evidence, materials, or legal argument as the hearing officer may describe in such notice and within such time period that the hearing officer may so establish unless the party waives the right at hearing to receive a copy of and respond to such submission. All such additional submissions must be sent to the other party or parties who will have the opportunity to respond to such submissions within such time period as the hearing officer may establish. If the hearing officer decides to reopen the hearing in the form of a continuance according to 130 CMR 610.071, he or she must send written notice, at least seven days in advance of the resumed hearing, to all parties of the reopening. Such written notice must include the date, time, and location of the resumed hearing and must be held at a location accessible to the appellant. Before a hearing decision is rendered, any party to a hearing may request in writing that the hearing officer exercise his or her power hereunder, and such request will become part of the record.