Current through Register 1538, January 3, 2025
Section 1.19 - Rights and Duties of Parties(1)801 CMR 1.02(10)(h)1. sets forth the individual's rights. 112 CMR 1.19 substitutes for 801 CMR 1.02(10)(h)2.(2) Commission personnel shall present the case for the Commission. A Commission attorney may represent such personnel, so long as the Commission attorney or other Commission personnel: (a) is responsible for an adequate investigation before reaching a decision as to eligibility or provision of services;(b) must appear at the proceeding to justify the action or inaction of the Commission;(c) is responsible for submitting at the proceeding complete information on which any decision at issue is based;(d) must ensure that the case record is present at the proceeding;(e) should introduce from the case record only the material which pertains to the issue or issues;(f) may examine and introduce any other pertinent Commission documents;(g) may present and establish all relevant facts and circumstances by oral testimony and documentary evidence;(h) may advance any pertinent arguments without any undue interference; and(i) may question or refute any evidence or testimony and have an opportunity to confront and cross-examine adverse witnesses.