Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 31.00 - Adjudicatory Proceedings: Supervisor Of Records › Section 31.06 - Evidence

Current through Register 1525, July 5, 2024
(1)
Evidence
. Unless
			 otherwise provided by any law, agencies need not observe the rules of evidence
			 observed by courts, but shall observe the rules of privilege recognized by law.
			 Evidence may be admitted and given probative effect only if it is the kind of
			 evidence on which reasonable persons are accustomed to rely in the conduct of
			 serious affairs. Agencies may exclude unduly repetitious evidence, whether
			 offered on direct examination or cross-examination of witnesses.
(2)
Rights of
			 Parties
. Every party shall have the right to call and examine
			 witnesses, to introduce exhibits, to cross-examine witnesses who testify; and
			 to submit rebuttal evidence.
(3)
Offering Evidence
. All evidence, including any
			 records, investigation reports, and documents in the possession of the agency
			 of which it desires to avail itself as evidence in making a decision, shall be
			 offered and made a part of the record in the proceeding, and no other factual
			 information or evidence shall be considered, except as provided in 950 CMR
			 201.06(4). Documentary evidence may be received in evidence in the form of
			 copies or excerpts, or by incorporation by reference.
(4)
Official Notice
.
			 Agencies may take notice of any fact which may be judicially noticed by the
			 courts, and in addition, may take notice of general, technical or scientific
			 facts within their specialized knowledge, provided, however, that such facts
			 and knowledge shall be offered and made part of the record of the proceeding.
			 Parties shall be afforded an opportunity to contest the facts so noticed.
			 Agencies may utilize their experience, technical competence, and specialized
			 knowledge in the evaluation of the evidence presented to them.
(5)
Production and View of
			 Objects
. A party may file a motion for the production or view of
			 any object which relates to the subject matter of any proceeding then pending
			 before the agency. Said motion shall be filed in accordance with
			 950 CMR 31.03(6)
			  and shall be granted in the discretion of
			 the agency where justice requires.
(6)
Stipulations
. In
			 the discretion of the agency, the parties may, by stipulation in writing filed
			 with the agency at any stage of the proceeding or orally made at the hearing,
			 agree upon any pertinent facts in the proceeding. In making its findings, the
			 agency need not be bound by any such stipulation.
(7)
Objections and
			 Exceptions
. Formal exceptions to rulings on evidence and procedure
			 are unnecessary. It is sufficient that a party, at the time that a ruling of an
			 agency is made or sought, makes known to the agency the action which he desires
			 taken or his objection to such action and his grounds therefore; provided, that
			 if a party has no opportunity to object to a ruling at the time it is made or
			 to request a particular ruling at an appropriate time, such party, within three
			 days of notification of action taken or refused, shall state his objection and
			 his grounds therefore.
(8)
Decisions
. Every agency decision shall be in writing
			 or stated in the record. The decision shall be accompanied by a statement of
			 reasons for the decision, including determination of each issue of fact or law
			 necessary to the decision, unless the General Laws provide that the agency need
			 not prepare such statement in the absence of a timely request to do so. Parties
			 to the proceeding shall be notified in person or by mail of the decision; of
			 their rights to review or appeal the decision within the agency or before the
			 courts, as the case may be; and of the time limits on their rights to review of
			 appeal. A copy of the decision and of the statement of reasons, shall be
			 delivered or mailed upon request to each party and to his attorney of
			 record.
(9)
Official
			 Record
. The agency shall make available an official record which
			 shall include testimony and exhibits, and which may be in narrative form. The
			 agency is to arrange to transcribe shorthand notes or sound recordings to be
			 later transcribed. The agency may require the payments of the reasonable costs
			 for copies.
(10)
Subpoenas
. In conducting adjudicatory proceedings,
			 agencies shall issue, vacate, modify and enforce subpoenas in accordance with
			 the following provisions:
(a) Agencies shall
			 have the power to issue subpoenas requiring the attendance and testimony of
			 witnesses and the production of any evidence, including books, records,
			 correspondence or documents relating to any matter in question in the
			 proceeding. Agencies may administer oaths and affirmations, examine witnesses,
			 and receive evidence. The power to issue subpoenas may be exercised by any
			 person or persons designated by the agency for such purpose.
(b) The agency may prescribe the form of
			 subpoena, but it shall adhere, in so far as practicable, to the form used in
			 civil cases before the courts. Witnesses shall be summoned in the same manner
			 as witnesses in civil cases before the courts, unless another manner is
			 provided by any law. Witnesses summoned shall be paid the same fees for
			 attendance and travel as in civil cases before the courts, unless otherwise
			 provided by law.
(c) Any party to
			 an adjudicatory proceeding shall be entitled as of right to the issue of
			 subpoenas in the name of the agency conducting the proceeding. The party may
			 have such subpoenas issued by a notary public or justice of the peace, or he
			 may make written application to the agency, which shall forthwith issue the
			 subpoenas requested. However issued, the subpoena shall show on its face the
			 name and address of the party at whose request the subpoena was issued. Unless
			 otherwise provided by any law, the agency need not pay fees for attendance and
			 travel to witnesses summoned by a party.
(d) Any witness summoned may petition the
			 agency to vacate or modify a subpoena issued in its name. The agency shall give
			 prompt notice to the party, if any, who requested issuance of the subpoena.
			 After such investigation as the agency considers appropriate it may grant the
			 petition in whole or part upon a finding that the testimony, or the evidence
			 whose production is required, does not relate with reasonable directness to any
			 matter in question, or that a subpoena for the attendance of a witness or the
			 production of evidence is unreasonable or oppressive, or has not been issued a
			 reasonable period in advance of the time when the evidence is
			 requested.
(e) Upon the failure of
			 any person to comply with a subpoena issued in the name of the agency and not
			 revoked or modified by the agency as provided in 950 CMR 31.06, any justice of
			 the superior court, upon application by the agency or by the party who
			 requested that the subpoena be issued, may in his discretion issue an order
			 requiring the attendance of such person before the agency and the giving of
			 testimony or production of evidence. Any person failing to obey the court's
			 order may be punished by the court for contempt.