Section 343.420 - Department Rights and ResponsibilitiesThe Department can present its case or can request the assistance of a Department attorney.
The Department shall:
(A) submit all evidence on which any decision at issue is based at the hearing;(B) designate a representative to represent the Department at the hearing and arrange for adequate space for the hearing;(C) resent witnesses when appropriate and subpoena witnesses upon request to DOH;(D) ensure that the case record is available at the hearing and that the appellant has adequate opportunity to examine it prior to and during the hearing;(E) introduce evidence from the case record and other pertinent Department documents which pertain to the issues raised during the hearing;(F) present and establish all relevant facts and circumstances by oral testimony and documentary evidence;(G) have the right to make pertinent arguments without undue interference;(H) have the right to question and refute any testimony and confront and cross-examine adverse witnesses; and(I) arrange for the appearance at the hearing of a representative of other programs, if appropriate.Amended by Mass Register Issue 1327, eff. 12/2/2016.