Code of Massachusetts Regulations
107 CMR - MASSACHUSETTS REHABILITATION COMMISSION
Title 107 CMR 1.00 - The Appeal Process
Section 1.13 - Discovery
Universal Citation: 107 MA Code of Regs 107.1
Current through Register 1531, September 27, 2024
(1) The individual or the individual's authorized representative shall engage in voluntary discovery. They shall have adequate access to and opportunity for examination and copying of the entire case file and all other documents used by the Commission
(2) The impartial hearing officer may rule on any disputed requests for discovery.
(3) If the impartial hearing officer finds that the release of certain case records to a individual may be harmful to the physical or mental health of the individual, the hearing officer may, after informing the individual of such findings;
(a)
grant access to a summary of information from such record to the individual, if
acceptable to the individual; or
(b) grant access to the record or portion
thereof, with appropriate recommendations to the individual's parent, guardian
or other authorized representative; or
(c) grant access to the individual under the
condition that the record is reviewed in the presence of a physician or
licensed psychologist designated and paid by the individual, provided however,
that if the individual is unable to pay for such services, the Commission shall
provide the services of one of its providers or consultants who shall review
the record with the individual.
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