111 CMR, § 1.08

Current through Register 1536, December 6, 2024
Section 1.08 - Participants and Roles
(1) The consumer and/or authorized representative, the employee and the employee's supervisor(s) shall participate in these proceedings.
(2) The form, duration and extent of participation of other persons is within the discretion of the presiding officer in the interests of achieving timely and fair resolution of the issue or issues in dispute.
(3)Role of Consumer.
(a) The consumer may present the case or may be assisted by an authorized representative.
(b) The consumer should be prepared to briefly explain what is being sought from the Commission and to offer relevant information.
(c) The consumer may make a presentation orally or otherwise and present relevant documents and papers to the presiding officer.
(4)Role of Employees.
(a) The employee whose action or inaction is the subject of the proceeding or the employee's supervisor shall present the Commission's case and is responsible for:
1. making an adequate investigation before reaching a decision about eligibility or the provision of services;
2. briefly explaining the decision, action or inaction of the Commission in the complainant's case;
3. ensuring that the case record is available to the presiding officer, as appropriate.
(b) The supervisor is responsible for explaining Commission procedures or other matters relevant to the complainant's case.
(5)Role of Presiding Officer.
(a) The presiding officer is responsible for considering the information presented, defining the issues and reaching a decision to resolve the matter in accordance with relevant law including the Commission's regulations, and relevant policy and procedure.
(b) The presiding officer shall:
1. schedule a time or times for reviewing the case;
2. define the issues;
3. receive and consider all relevant evidence and exclude irrelevant evidence;
4. ensure a brief and orderly presentation of the issues and evidence when a meeting of the parties is convened;
5. secure statements, documents and appropriate information relevant to the issues in the proceeding.

111 CMR, § 1.08

Amended by Mass Register Issue 1355, eff. 12/29/2017.