Code of Massachusetts Regulations
121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS
Title 121 CMR 1.000 - Fair Hearings
Section 1.120 - Definitions

The following terms are used primarily in 121 CMR 1.000:

Adequate Notice. A written notice of an intended action to reduce, suspend or terminate assistance. It must contain:

(a) a statement of the intended action;

(b) the reason(s) for the intended action;

(c) a citation to the regulation(s) supporting the action;

(d) an explanation of the right and procedures to request a fair hearing;

(e) the circumstances under which assistance is continued if a hearing is requested; and

(f) a statement that if the action is upheld, assistance paid pending appeal is subject to recovery.

Appeal. A written request for a fair hearing on an action proposed or taken by a Case Management Provider or on the Provider's failure to act.

Appellant. An applicant or participant requesting a fair hearing.

Applicant. A person or family who has applied or been denied the opportunity to apply for benefits available under MRRP.

Assistance. Case Management, an employment service(s), or financial or medical assistance offered under MRRP.

Authorized Representative. A person who is authorized in writing by the appellant to represent him or her at a hearing.

Fair Hearing. A proceeding conducted by the ORI Director or his or her designee who shall be an impartial hearing officer appointed to review an action proposed, taken or not taken by a Case Management Provider, which has been appealed. If the hearing is conducted by an appointed hearing officer, the decision of the hearing officer shall not be subject to review by the ORI Director. The decision of the hearing officer shall be a final agency decision within the meaning of and subject to judicial review under M.G.L. c. 30A.

Interpreter. A person who translates for the appellant, when the appellant's primary language is not English or when the appellant is deaf or hearing-impaired. The interpreter is sworn to make an impartial and accurate translation of the events occurring at the hearing.

Party. The appellant or a Case Management Provider.

Subpoena. A document which commands a witness to attend and give testimony before a court or an administrative proceeding such as a fair hearing, at a scheduled time and place. A subpoena also can require a witness to produce before the court or administrative proceeding any books, documents, papers, records, or tangible evidence relating to any matter in question at the hearing.

Timely Notice. Adequate notice mailed or given to a refugee at least ten calendar days prior to the effective date of an intended action.