Current through Register 1531, September 27, 2024
(A)
Timely Notice. Prior to an 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.
(B)
Time Limitation on the Right
of Appeal. The date of request for a fair hearing is the date on
which the Division of Hearings receives a written statement from the appellant
asking for the opportunity for a fair hearing will be treated as a request for
an appeal. The Division of Hearings must receive the request within the
following time limits:
(1) 90 days from the
date of official written notice of action by the Department.
(2) Unless waived by the Division of Hearing
Director or his or her designee, 120 days from:
(a) the date of application when the
Department fails to act on an application;
(b) the date of request for service when the
Department fails to act on the request;
(c) the date of Department action when the
Department fails to send official written notice of the action;
(d) the date of the alleged coercive or
otherwise improper conduct. This time limit can be extended up to one year from
the date of the conduct provided that the appellant files an affidavit with the
Director of the Division of Hearings stating that, and can establish at a
hearing that:
1. he or she did not know of
the right to appeal;
2. he or she
reasonably believed that the problem was being resolved administratively;
or
3. he or she was justifiably
unaware of the conduct in question; and
4. the appeal is made in good faith.
Failure to substantiate allegations of coercive or improper
conduct either prior to or at the hearing shall be grounds for
dismissal.
(3) 30 days from the date of mailing by the
Department of Revenue of the notice of state income tax refund intercept to
offset an overpayment due to the Department of Transitional
Assistance.
(C)
Computation of Time Periods. Any time period referred
to in these regulations shall be on the basis of calendar days unless stated
otherwise. Time periods shall expire on the last day of such periods unless the
day falls on a Saturday, Sunday, legal holiday or other day when the Division
of Hearings is closed. In this situation, the last day of the time period shall
be deemed to be the next business day.
(D)
Time Limits for Rendering
Decision.
(1) The hearing
officer must issue the hearing decision within 45 days of the date of the
request for a hearing when the issue under appeal is:
(a) the denial of the right to apply or
reapply for assistance;
(b) the
denial of an application for assistance;
(c) the failure to act on an application in a
timely manner; or
(d) the failure
to issue Disaster Benefits for SSI clients.
(2) The hearing officer must issue the
hearing decision within 90 days of the date of request for a hearing for all
other appeals.
(3) The above time
limits may be extended for good cause as follows:
(a) Where delays are caused by the appellant
or his or her representative, the time limits may be extended by the total
number of days of the delay, which includes the advance notice period prior to
scheduled hearing dates. Such delays include the appellant's delay in the
submission of evidence, briefs or other statements, rescheduling or
continuances granted at the request or for the benefit of the appellant, and
any other delays caused by the actions of the appellant or his or her
representative.
(b) Where delays
occur due to acts of God or serious illness of the hearing officer which makes
him or her unable to render a decision.
