Code of Massachusetts Regulations
109 CMR - DEPARTMENT OF YOUTH SERVICES
Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES
Section 8.12 - Appeals

Universal Citation: 109 MA Code of Regs 109.8

Current through Register 1531, September 27, 2024

(1) Decisions by the Hearing Officer can be appealed by the youth or the Department. If either party wishes to file an appeal, they may do so, in writing, within seven days of receipt of the decision to the Commissioner, or designee.

(2) The Commissioner, or designee, will review the case record and render a decision within 14 calendar days of receipt of the appeal.

(3) The Commissioner, or designee, may grant an expedited review of a youth's appeal upon request, where the request is timely filed and he or she determines that the circumstances put forth to justify the request warrant such review.

(4) In deciding an appeal, the Commissioner or designee's review shall be confined to the submitted appeal, any response by the non-moving party, and materials or evidence submitted for consideration at the hearing. The Commissioner, or designee, will review appeals to determine whether the Hearing Officer or RRT's decision was:

(a) Beyond the authority of the Hearing Officer or RRT;

(b) Based on an error of law or procedure;

(c) Unsupported by the weight of the evidence; or

(d) Arbitrary and/or capricious.

(5) The decision of the Commissioner, or designee, shall be final.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.