Hearing Officer

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Hearing Officer
Duties: Preside, as impartial hearing officers, over fair hearings as detailed above, by verification of the fair hearing file, assigned appeal number, location, time and parties. Identify jurisdictional issues, issues of representation and issue for fair hearing. Rule on jurisdictional issues, issues of representation and issues for hearing. Instruct the parties in the procedural format of a fair hearing. Administer the oath or affirmation to anyone who will testify. Inform appellants who are not fluent in English of the right to interpretation by their own interpreter or an interpreter provided by the Board of Hearings. Administer the interpreter oath or affirmation. Assist the parties in making a full and free statement of the facts. Ensure an orderly presentation of the evidence. Ensure that all parties have a full opportunity to present their claims and secure witnesses and evidence when necessary. Order, rule on and preside over prehearing conferences to assist the parties in identification of witnesses, evidence and oral/written arguments in support of their respective positions and to encourage settlement. Formally conference at prehearing conference and/or hearing with the parties to clarify issues, witnesses and evidence to ensure a effective and efficient presentation of facts at hearing. Introduce into the record any regulations, statutes, memoranda, or other materials he/she believes relevant to the issue at the hearing as presented by the appellant and/or MassHealth. Receive, rule on, exclude or limit evidence. Conduct legal research of presented evidence to meet the obligation of finding facts and rendering analysis and conclusions of law. Ensure a record is made of the proceeding(s), including but not limited to, the documentary record appropriately marked with completed exhibit sheet and tape/digital recording appropriately labeled, dated and time series completed. Rule on requests for continuances, reopen, reconvene and/or motions pursuant to 130 CMR 610.000 et seq., G.L. c. 30A, c. 118E and 801 CMR 1.00 et seq. Render a fair, independent and impartial decision based on the issues and evidence presented at the hearing. Decision shall be formatted to preserve the confidentiality of the proceeding. Designate appropriate issue code on decisions for public view placement on decision drive. Preside over issues remanded pursuant to 130 CMR 610.091 and/or court ordered remands pursuant to G.L. c. 30A. In the event of a request for mediation of a dispute preside as mediator pursuant to 130 CMR 610.051. Advise hearings staff through monthly “Hearing Officer” presentation of hearing matters by presenting topics, legal research, regulations and hearing outcomes. Review court decisions and opinions related to G.L. c. 30A and reviewing courts. Keep current, updated regulation volumes for individual use and as assigned at each hearing site. Demonstrate proficiency in accessing designated library and decision drive on Division’s network. Establish, as assigned, the Board of Hearings reference library. Provide information to the Agency and the public by answering general inquiries related to the function of the Board of Hearings and the Board of Hearings rules and regulations. With respect to inquiries made to the Board of Hearings confirm the impartial responsibility of the hearing officer and ensure that no ex parte communications regarding matters for hearing are discussed. Perform related duties such as generating reports, assist in the scheduling of hearings and conferences and review circulated periodicals and reference materials. Participate in formal education and training regarding the function of the Board of Hearings and role of the hearing officer.

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