Code of Massachusetts Regulations
107 CMR - MASSACHUSETTS REHABILITATION COMMISSION
Title 107 CMR 1.00 - The Appeal Process
Section 1.17 - Decisions

Universal Citation: 107 MA Code of Regs 107.1

Current through Register 1531, September 27, 2024

(1) Within 30 days of the close of the hearing, the impartial hearing officer shall issue a full written decision, which shall be based exclusively upon the evidence, testimony, materials and legal rules presented at the hearing, good professional practices in rehabilitation, and the provisions of the State Plan and the Federal Vocational Rehabilitation Act. Any evidence, testimony, materials, and legal rules presented after the close of the proceeding shall be excluded unless the proceeding is reopened by the impartial hearing officer, provided however, that the impartial hearing officer may rely upon such legal rules as the officer deems relevant, even if not introduced by either party during the proceeding.

(2) The impartial hearing officer shall mail or deliver a copy of the decision to the individual or his or her authorized representative.

(3) The impartial hearing officer's decision must contain the following elements:

(a) a statement of the issue or issues involved in the hearing

(b) clear and complete findings of fact on all relevant factual matters, which are supported by evidence in the record;

(c) reference to all laws, regulations, policies, procedures and practice;

(d) a concise statement of the conclusions drawn from the findings of fact and law, including the reasoning used in reaching the conclusions; and

(e) any action to be taken by the Commission if appropriate to the case

(4) If the final decision is favorable to the individual, the appropriate Commission staff person shall notify the individual of the right to prompt implementation and the name of the individual who is responsible for implementation. If the final decision is adverse to the individual, the Commission shall include in the notice of the final decision a statement informing the individual of the right to further review and the time period within which that right must be exercised.

(5) M.G.L. c. 30A, § 14 provides that a party aggrieved by a final action of an agency may seek judicial review of the final decision by filing a complaint within 30 days of the receipt of the final decision in the appropriate superior court.

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