Code of Massachusetts Regulations
108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES
Title 108 CMR 8.00 - Investigations, Appeals, Terminations, And Refunds
Section 8.07 - Appeal Procedures

(1) An applicant, or authorized representative, may appeal any action taken by a veterans' agent by filing a proper and timely appeal to the Secretary. The appeal must be signed and mailed to DVS within 21 days of the date of the Notice of Action. It may also include any documents or information in support of such appeal.

(2) When DVS receives an appeal, the clerk of the appeals section shall date stamp the letter and docket the appeal.

(3) The hearing officer shall conduct a hearing and report his or her decision, in writing, to the applicant and the veterans' agent. The applicant and veterans' agent shall be notified that the aggrieved party may further appeal, in writing, to DALA by filing an appeal within ten days of the receipt of the decision.

(4) Any party may, with or without supporting affidavits, file a request for summary decision in his or her favor as to all or part of a matter. Such a request shall be called and acted upon as a motion. The motion may be made in writing at any time after issuance of a Notice of Action or it may be made orally during a hearing. A copy of the motion shall be mailed to the opposing party. The motion shall set forth the grounds for the proposed summary decision and contain any affidavits and all relevant documents. Any time within seven days after a written motion is filed, any party may file written objections with or without supporting affidavits and documents to the allowance of the motion and may, if desired, request a hearing. A copy of the written objections shall be mailed to the opposing party. The motion shall be allowed if the hearing officer finds there is no genuine controversy as to any material fact, and the moving party is entitled to a judgment as a matter of law.

(5) If a recipient appeals to DALA, the veterans' agent shall provide financial assistance to the applicant, in an amount not to exceed the actual cost of public transportation to the place of the hearing. In the case of an appeal of the termination or reduction of benefits to DALA, the veterans' agent may, in cases of extreme financial hardship, provide financial assistance to the applicant in an amount not to exceed the actual cost of public transportation to the place of the hearing.

(6) Judicial review of the DALA decision may be had in Superior Court within 30 days after receipt of notice of the decision, in accordance with the provisions of M.G.L. c. 30A.

(7) The hearing officer may find against any party who, without good cause, fails to appear at the hearing or defend his or her action or claim.