Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.030 - Definitions

(A) Adequate Notice. A notice of an intended action to reduce, suspend or terminate assistance or to change the manner or form of payments to protective, vendor, or two-party payments, or to deny a prior approval request for services, which contains the elements provided in 106 CMR 343.200(A).

(B) Appellant. An applicant, client, resident or certain sponsors of aliens or certain spouses of clients requesting a fair hearing.

(C) Applicant. A person or family who has applied or attempted to apply for a program administered by the Department of Transitional Assistance.

(D) Assistance. Any financial assistance provided by the Department.

(E) Authorized Representative. Any person, such as a legal counsel, a relative, or a friend, who is authorized in writing by the appellant to represent him or her at the hearing.

(F) Cyclical Month. The monthly issuance cycle which begins and ends on a date determined by the Department by using the client's social security number or other identifying number.

(G) Department. The Department of Transitional Assistance of the Commonwealth of Massachusetts.

(H) DOH. The Division of Hearings within the Department of Transitional Assistance.

(I) Fair Hearing. A proceeding where the legal rights, duties, benefits, or privileges of persons and agencies are determined.

(J) Interpreter. A person who translates for the appellant, when the appellant's primary language is not English or when the appellant is deaf or hearing-impaired. The interpreter is sworn to make an impartial and accurate translation of the events occurring at the hearing.

(K) Party. The appellant or the Department.

(L) Client. A person or family who is or had been receiving assistance under a program administered by the Department of Transitional Assistance.

(M) Hearing Officer. An impartial and independent person designated by the Director of the Division of Hearings to conduct hearings and render decisions under 106 CMR 343.000.

No hearing officer who has a direct or indirect interest, personal involvement or bias in a hearing shall conduct such a hearing or participate in the decision-making process of such matters.

(N) Timely Notice. A timely notice shall be adequate notice which meets the requirements found in 106 CMR 343.140. Prior to an intended action to reduce, suspend or terminate assistance, the Department must send a timely notice to the client except as provided in 106 CMR 343.210 and 702.950: Inadequate or Incomplete Monthly Report. A timely notice is a notice mailed at least ten calendar days prior to the action. This is called the timely notice period.

(O) Timely Request. A timely request for a hearing is one received by DOH within the timely notice period.