Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.320 - Procedures and Requirements for Rescheduling
Universal Citation: 106 MA Code of Regs 106.343
Current through Register 1531, September 27, 2024
(A) Rescheduling Prior to the Day of the Hearing.
(1) DOH may
change the date, time, and place of the hearing upon due notice to the parties
involved.
(2) For all hearings for
good cause shown as defined in 106 CMR 343.320(D) (except for initial scheduled
SNAP hearings where good cause need not be demonstrated), DOH may at the
request of either party to a hearing, or a Department employee charged with
coercive or otherwise improper conduct, reschedule the hearing provided that
the request is received before the hearing date. If the Director of DOH or
designee concludes that the request does not constitute good cause, the request
shall be denied. If that request is denied, the appellant shall have the right
to a hearing on the issue of good cause. If the request is approved, the
requesting party will be required at the rescheduled hearing to establish good
cause for the prior nonappearance. A finding by the hearing officer that good
cause has not been shown shall result in the appeal's dismissal.
(3) DOH shall inform the parties of these
procedures.
(B) Rescheduling Following Failure to Appear at a Scheduled Hearing.
(1) If the appellant
fails to appear at the hearing, DOH shall notify the appellant in writing (at
the address supplied by the appellant) that if he or she fails to request a
rescheduled hearing and show good cause for the failure to appear within ten
days of the notice, the appeal will be considered abandoned. If, the
determination of the Director of DOH or designee, is that good cause has not
been shown, the appeal shall be dismissed subject to the vacate procedures
provided below and any aid pending shall be discontinued. The Director or
designee may, at his or her discretion, reschedule the hearing at which time
the appellant will be required to establish good cause for the failure to
appear. A finding by the hearing officer that good cause has not been shown
shall result in dismissal of the appeal.
(2) In cases where coercive or otherwise
improper conduct has been alleged against a Department employee and the
employee fails to appear at the hearing after notice, the hearing officer shall
proceed with the hearing in his or her absence.
Whether or not the employee is present, the hearing officer shall make a decision on the basis of evidence produced at the hearing. If a Department employee fails to appear at the hearing, he or she may file a written request with the hearing officer within five days of the hearing that the hearing be reopened. Such requests shall be granted by the hearing officer only for good cause shown for the failure to appear.
(C) Procedures for Vacating a Dismissal.
(1) The
appellant shall be informed by written notice of the dismissal and of the
procedures for requesting that the dismissal be vacated.
(2) A request to vacate a dismissal must be
in writing and signed by the appellant or authorized representative. This
request must be received by DOH within ten days of the date of the dismissal
notice. A dismissal shall be vacated if the Director of DOH or designee finds
that the appellant has shown good cause both for:
(a) Failure to appear at a scheduled hearing;
and
(b) Failure to inform DOH prior
to the date of a scheduled hearing of his or her inability to appear.
(D) Good Cause.
(1) The following
circumstances shall constitute good cause subject to 106 CMR 343.320(D)(2):
(a) A death in the family;
(b) A personal injury or illness which
reasonably prevents the party from attending the hearing;
(c) A sudden and serious emergency which
reasonably prevents the party from attending the hearing;
(d) An obligation or responsibility which a
reasonable person in the conduct of his or her serious affairs would conclude
takes precedence over attendance at the hearing; or
(e) The reasonable need for additional time
to produce evidence or witnesses or get legal assistance.
(2) In evaluating a party's good cause claim,
the hearing officer shall consider the following factors:
(a) The amount of time the party had advance
notice of the hearing date;
(b) The
party's ability to anticipate the circumstances which resulted in the inability
to appear for the hearing;
(c) The
party's ability to reschedule the conflicting event;
(d) Any delay by the party in notifying DOH
of his or her inability to attend the hearing; and
(e) Previous rescheduling requests or failure
to appear for scheduled hearings which indicate a pattern of abuse or neglect
of the hearings process.
(3) If a party will be required to show good
cause at the hearing, DOH shall notify that party in advance that the hearing
officer will address that issue. The party shall also be notified of the
advantage of bringing documentation and witnesses in support of the good cause
claim and of the possible consequences if the hearing officer finds against the
party on this issue.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.