Code of Massachusetts Regulations
107 CMR - MASSACHUSETTS REHABILITATION COMMISSION
Title 107 CMR 1.00 - The Appeal Process
Section 1.02 - Definitions

The definitions in 107 CMR 1.02 apply to terms used throughout 107 CMR 1.00. As used in 107 CMR 1.10 through 1.17 these definitions supplement 801 CMR 1.02(2)(b).

Adjudicatory Proceeding shall also be taken to mean a fair hearing and the terms shall be used interchangeably. 801 CMR 1.02 of Standard Adjudicatory Rules of Practice and Procedure shall have applicability for proceedings held by the Commission.

Appeals Coordinator is the Commission employee who is responsible for scheduling informal administrative reviews, fair hearings, and referring requests for mediation to the Massachusetts Office of Dispute Resolution as well as communicating with individuals, advocates, family members and Commission staff about appeal and mediation requests.

Authorized Representative is an individual's parent, guardian or any person whom the individual designates to represent or speak for him or her throughout the appeal process.

Client Assistance Program is a program operated by an independent state agency, the Massachusetts Office on Disability, to assist applicants and eligible individuals in advocacy and representation in disputes with the Commission.

Impartial Hearing Officer is an individual who:

(a) is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education) and;

(b) is not a member of the State Rehabilitation Council;

(c) has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;

(d) has knowledge of the delivery of vocational rehabilitation services, the State plan, and the Federal and Massachusetts State laws and regulations governing the provision of services;

(e) has received training with respect to the performance of official duties; and

(f) has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual. An individual is not considered to be an employee of a public agency for the purposes of 107 CMR 1.02: Impartial Hearing Officer solely because the individual is paid by the agency to serve as a hearing officer.

Informal Administrative Review is an optional first step informal non-adversarial process that the Commission offers to individuals to resolve differences promptly. It includes, but is not limited to, interviews, fact gathering, negotiations, and document review.

Informal Administrative Review Officer is a Commission employee who is assigned to conduct an informal administrative review, does not work in the unit where the individual is being served and who was not involved in the disputed service decision.

Mediation means the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to assist persons or parties in settling differences or disputes prior to pursuing fair hearings or other legal remedies.

Qualified and Impartial Mediator is an individual who:

(a) is not an employee of a public agency (other than an administrative law judge, hearing examiner, employee of a State office of mediators, or employee of an institution of higher education) and;

(b) is not a member of the State Rehabilitation Council

(c) has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;

(d) is knowledgeable of the vocational rehabilitation program and the applicable Federal and Massachusetts State laws, regulations, and policies governing the provision of vocational rehabilitation services;

(e) has been trained in effective mediation techniques consistent with any Commonwealth approved or -recognized certification, licensing, registration, or other requirements; and

(f) has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual during the mediation proceedings.

An individual serving as a mediator is not considered to be an employee of the designated State agency or designated State unit for the purposes of 107 CMR 1.02: Qualified and Impartial Mediator solely because the individual is paid by the designated State agency or designated State unit to serve as a mediator.