Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims
Section 367.425 - The Appeal Decision

Universal Citation: 106 MA Code of Regs 106.367

Current through Register 1531, September 27, 2024

(A) Decisions of the hearing official shall comply with Department policy and be based on the hearing record. The verbatim transcript or recording of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, shall be retained in accordance with Department policy and shall constitute the exclusive record for the final decision of the hearing official. The record will be available for copying and inspection by the household or its representative during normal office hours.

(B) A decision by the hearing official shall be binding on the Department and shall summarize the facts of the case, specify the reasons for the decision, and identify the supporting evidence and the pertinent Department policy. The decision shall become a part of the hearing record.

(C) The household shall be sent a copy of the decision, be advised of the right to judicial review where the Department action is upheld, and be advised that the household's benefits will be issued or terminated as decided by the hearing official.

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