Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.610 - Basis of Fair Hearing Decisions
Current through Register 1531, September 27, 2024
(A) The hearing officer's decision shall be based upon evidence, testimony, materials and legal rules presented at the hearing. Any evidence, testimony, materials, legal rules or arguments presented after the close of the hearing will be excluded unless the hearing is reopened, the parties stipulate procedures for response, or otherwise waive the right to respond.
(B) The decision shall be based upon a preponderance of evidence.
(C)
(D) When the subject of an appeal is an adverse action regarding a request for a family cap waiver pursuant to 106 CMR703.140: Concluding the Application Process, a domestic violence waiver pursuant to 106 CMR 703.110: The Application Process or an extension of benefits beyond the 24-month period pursuant to 106 CMR 703.130: Responsibility for Eligibility Determination, the hearing officer shall not substitute his or her judgment for that of the Commissioner. Such actions may only be overturned by a hearing officer if it is found that the Commissioner (or designee) abused his or her discretion when making the determination on the waiver or extension request.