Code of Massachusetts Regulations
107 CMR - MASSACHUSETTS REHABILITATION COMMISSION
Title 107 CMR 11.00 - Home Care Assistance Program
Section 11.15 - Fair Hearing

(1) The individual, or their authorized representative, may appeal the administrative review decision by filing a petition for a fair hearing with the Appeals Coordinator within 30 days of the issuance date of the written administrative review decision.

(2) The Appeals Coordinator will schedule the fair hearing to be held within 60 days of receiving the petition.

(3) The fair hearing shall be conducted by an impartial hearing officer designated by the Commissioner. The hearing officer may be an employee of the Commission, provided, that such employee does not have a direct or indirect interest, personal involvement, or bias in the hearing in accordance with 801 CMR 1.02: Informal/Fair Hearing Rules.

(4) The fair hearing shall be conducted according to the provisions of Informal Rules of Adjudicatory Procedure found at 801 CMR 1.02: Informal/Fair Hearing Rules.

(5) The individual, authorized representative, or an advocate on behalf of the individual is entitled and shall have access to the HCAP record. A signed release from the individual, or authorized representative, is necessary to allow an advocate access to these records. The authorized representative and/or advocate may accompany the individual to the fair hearing. HCAP must be informed of the individual's intent to have an advocate present. Both the individual and the HCAP staff shall present their case.

(6) The hearing officer shall render a decision based on documentation and evidence submitted by the parties at the hearing and the HCAP policies and regulations. A written decision shall be mailed to the individual, or authorized representative, and the HCAP staff, no later than 45 days after the hearing. This decision constitutes the final decision by the agency.

(7) Individuals dissatisfied with the decision of the hearing officer have the right to pursue an appeal at their own expense, through the appropriate Superior Court of the Commonwealth pursuant to M.G.L. c. 30A.