Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.350 - Adjustment Procedures
Universal Citation: 106 MA Code of Regs 106.343
Current through Register 1531, September 27, 2024
(A) Local Office Procedures. The worker is primarily responsible for responding to complaints from applicants or clients and facilitating a resolution, if possible. If a complaint cannot be resolved, the Department shall remind the applicant or client of the right to request a fair hearing.
(B) Prehearing Adjustment.
(1) The Department
may make an adjustment in the matters at issue prior to a hearing. If the
adjustment resolves the issue and the appellant wishes to withdraw his or her
appeal, the Department shall send the appellant's written withdrawal to DOH.
DOH shall not delay a fair hearing because a possible adjustment is under
consideration unless the appellant requests such a delay.
(2) If the appellant and the Department
resolve the issues appealed at the hearing, they may agree to proposed language
for the hearing officer's decision. The hearing officer may accept such
proposals.
(3) Any adjustment
arising from allegations of coercive or otherwise improper conduct must be
agreed to by the Department, the appellant, and the Department
employee.
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