803 Mass. Reg. 1.19 : — DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICESSex Offender Registry Board, Registration, Classification and Dissemination — Duties and Powers of the Hearing Examiner

(1) The duties of a presiding Hearing Examiner shall include, but are not limited to, the following:

(a) to maintain a list of the names and addresses of all individuals who are in attendance at the hearing;

(b) to administer the oath or affirmation to each witness prior to his or her testimony;

(c) to assist all witnesses in making a full and free statement of the facts in order to bring out all the information necessary to decide the issues involved;

(d) to ensure orderly presentation of the evidence;

(e) to ensure that all parties have a full opportunity to present their claims at the scheduled hearing;

(f) to receive, rule on, exclude, or limit evidence;

(g) to receive and rule on all motions; and

(h) to assess the reliability of the exhibits introduced into evidence and credibility of witnesses; draw all reasonable inferences therefrom; and render a fair, independent and impartial decision based on the issues and evidence presented and in accordance with the law.

(2) The powers of the presiding Hearing Examiner shall include, but are not limited to, the following:

(a) to limit attendance or assign seating, or both, at the hearing in consideration of security, space availability, privacy and confidentiality;

(b) to request that parties produce additional evidence;

(c) to examine witnesses;

(d) to rule on any motions or requests made during the hearing;

(e) to regulate the presentation of evidence and the participation of the parties for the purposes of ensuring an adequate and comprehensive record of the hearing;

(f) to change the date, time or place of the hearing on his or her own motion or at the request of any Party, upon due notice to all parties;

(g) to continue a hearing that is in progress. All parties shall be notified of the date, time and place of the continued hearing;

(h) to request that parties submit post-hearing briefs and/or proposed findings; and

(i) to take notice of any fact which may be judicially noticed by courts, as well as general, technical or scientific facts within the Board's specialized knowledge, pursuant to M.G.L. c. 30A, § 11(5).

803 CMR 1.19

Amended by Mass Register Issue 1305, eff. 1/29/2016.