Section 144-351-11-5 - DECLINATION TO OFFER EVIDENCE Upon a party being advised by the hearing officer presiding at a hearing that further, additional or other evidence is required of or should be offered or submitted by the party in order for a decision to be rendered on one or more issues in the proceeding, such party shall have the option of:
(a) offering/submittingsuch evidence within a reasonable period of time to be set by the hearing officer; or(b) upon being so advised by the hearing officer or at any time during the period set by the hearing officer for the offer/submission of evidence, of declining to offer/submit such evidence. In the event of the party exercising option (b), a decision must be rendered in the proceeding, which decision shall be based upon the evidence which is in the record and shall specify the respect(s) in which, if any, the decision is based upon the absence in the record of the evidence which such party has declined to offer/submit.10- 144 C.M.R. ch. 351, § 11-5