29- 250 C.M.R. ch. 510, § 5

Current through 2024-51, December 18, 2024

Section 250-510-5 - Hearings on complaints

1. Scheduling the hearing. The Secretary of State's office shall schedule a hearing if one has been requested by the complainant or is deemed by the Secretary of State's office as necessary to resolve the complaint. The Secretary of State's office shall attempt to schedule the hearing at a time mutually convenient to all parties.

2. Final written notice of hearing. The Secretary of State's office shall provide final written notice of the date, time and place of the hearing to the complainant and respondent not less than 5 business days prior to the date of the hearing.

3. Hearing officer. The hearing shall be conducted by a hearing officer designated by the Secretary of State. The Secretary of State may delegate to the hearing officer authority to make a final determination of the complaint.

4. Conduct of hearing. Hearings on complaints are non-adjudicatory. At the hearing, the complainant shall have an opportunity to testify, to present other witnesses, documents or other evidence relevant to the allegations in the complaint, and to argue his/her position. The respondent shall also be given an opportunity to testify, present witnesses, documents or other evidence and to argue his/her position in response to the complaint. The Hearing Officer and staff from the Secretary of State's office may ask questions of both parties to elicit information relevant to a determination of the complaint. Any witnesses who testify shall be sworn.

5. Ability to recess and continue hearing. The hearing may be recessed and continued to a later time or day, at the discretion of the hearing officer, and may be held by telephone with agreement of both parties.

6. Record of hearings. All hearings shall be electronically recorded, and a record of the proceedings shall be compiled by the Secretary of State's office. The record of the proceedings shall include:

A. The electronic recording of the hearing;

B. Any documents or other tangible items introduced into evidence at the hearing;

C. The complaint and written response;

D. All notices and correspondence between the Secretary of State's office, the hearing officer, the complainant and the respondent; and

E. The results of any investigation conducted by Secretary of State's office staff in response to the complaint.

29- 250 C.M.R. ch. 510, § 5