Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 10.00 - Fair Hearing And Grievances
Section 10.10 - Scheduling
Current through Register 1531, September 27, 2024
(1) Time Requirements for Hearing. The hearing shall be scheduled to be held within 65 business days from receipt of a request for a Fair Hearing.
(2) Notification. Within 20 business days of receipt of a request for a Fair Hearing, the Hearing Office shall send notification of the scheduled hearing date to the Appellant and to the appropriate area office of the Department.
(3) Expedited Hearings. The Director of Fair Hearings or designee may, upon request, schedule a hearing in an expedited manner. Examples of appropriate reasons to expedite a hearing include: loss of licensure, employment-related issues or other good cause shown. In addition, the Department will expedite Fair Hearing requests that involve the removal of a child from a Foster/Pre-adoptive home or kinship home, the reduction or termination of services, denial of subsidy or the closure of a Department case. The Department shall use its best efforts to schedule expedited hearings within 45 business days of such request.
(4) Content of Notice of Scheduled Hearing. The notice of scheduled hearing shall inform the aggrieved party:
(5) Stay of Fair Hearing for Support Decision and/or Alleged Perpetrators. If the Department receives a written request from any District Attorney's Office stating that there is an open criminal investigation pending or formal criminal charges have been instituted (i.e., indictment or complaint returned or issued), the Department shall stay its review by Fair Hearing of the related agency decisions for six months and notify the parties.