Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities
Section 706.330 - Consolidation of Administrative Disqualification Hearing (ADH) with Fair Hearing
To determine the amount of the overpayment claim, the Department may combine a fair hearing and an ADH if the factual issues arise out of the same or related circumstances. The individual shall receive prior notice that the hearings will be consolidated and that the claim amount may be determined as a result. The individual shall also be informed that due to the consolidation, he or she shall not have the right to a subsequent fair hearing to dispute the claim amount. The timeliness standards of 106 CMR 706.325 shall be in effect.
The regulations governing fair hearings, as provided in 106 CMR 343.000: Fair Hearing Rules apply to ADHs. If, however, the Fair Hearing regulations conflict with 106 CMR 706.300 through 706.365, the provisions of the latter shall apply.