Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.230 - Grounds for Appeal

Universal Citation: 106 MA Code of Regs 106.343

Current through Register 1531, September 27, 2024

Applicants and clients have a right to request a fair hearing for:

(A) Denial of an application or request for assistance or the right to apply or reapply for assistance (including supplemental payments) programs administered by the Department.

(B) The failure of the Department to give official notice of action on an application for financial assistance within 30 days.

(C) Any Department action concerning the suspension, reduction or termination of financial assistance.

(D) The failure of the Department to give official notice to the client of action taken on a request for increased assistance within 30 days of the denial, in whole or in part, of such a request.

(E) Unresolved disputes pertaining to:

(1) classification regarding employment on issues concerning the suitability of employment under EAEDC or TAFDC;

(2) manner or form of assistance payments including appropriateness of paying as protective or vendor payments;

(3) scope and amount of payment; and

(4) a decision to recoup an overpayment;

(G) Coercive or otherwise improper conduct as defined in 106 CMR 343.235 on the part of any Department employee acting in the capacity of a worker directly involved in the applicant's or client's case.

(H) Any condition of eligibility for assistance or receipt of assistance which is not authorized by regulations of the Department.

(I) The failure of the Department to act upon a request for assistance within the required time limits.

(J) The failure of the Department to pay up to the first $50 of monthly current support collected by the Department of Revenue on behalf of the assistance unit.

(K) Denials of requests for reasonable accommodations/modifications under the Americans with Disabilities Act.

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