Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims
Section 367.375 - Hearing Official

(1) Administer Oath. The hearing official shall administer oaths;

(2) Ensure Consideration of Issues. The hearing official shall ensure that all relevant issues are considered;

(3) Record Evidence. The hearing official shall request, receive and make part of the record all evidence determined necessary to decide the issues being raised;

(4) Regulate the Conduct of the Hearing. The hearing official shall regulate the conduct and course of the hearing consistent with due process to ensure an orderly hearing;

(5) Inform Appellants of Right to Interpreter. The hearing official shall inform appellants who are not fluent in English of the right to a full and accurate interpretation by their own interpreter, or by a Department-provided interpreter. The hearing official shall conduct the bilingual hearing in accordance with the guidelines found in the Manual for Transitional Assistance Referees. The purpose of these guidelines is to enable non-English speaking appellants to understand and to participate in the entire hearing as fully as if the appellant were fluent in English. To achieve this end, all statements made by parties present for the hearing, including questions, answers, and comments of the appellant, hearing official, witnesses, and any other persons participating in the hearing, shall be fully translated into both languages without alteration of such statements, such as by changing from the first person to the third person;

(6) Order Medical or Professional Evaluations. The hearing official shall order, where relevant and useful, an independent medical assessment or professional evaluation from a source agreed upon by the household and the Department. The Department will pay for the medical evaluation. In any case in which the appellant hires a signature expert and is responsible to pay a fee, the Department will pay a reasonable fee if the appellant prevails either at the administrative hearing or in a court appeal from the administrative hearing; and

(7) Render a Hearing Decision. The hearing official shall provide a record and render a hearing decision in the name of the Department.