Code of Massachusetts Regulations
121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS
Title 121 CMR 1.000 - Fair Hearings
Section 1.420 - Dismissal of Request for a Hearing

Universal Citation: 121 MA Code of Regs 121.1

Current through Register 1531, September 27, 2024

(1) ORI shall dismiss a request for a hearing when:

(a) The request is not received within the time limits specified in 121 CMR 1.405;

(b) The request is withdrawn in writing by the appellant or his or her authorized representative;

(c) The sole issue is one of state or federal law requiring automatic adjustments for classes of participants and the grant computation is not an issue;

(d) The stated reason for the request is not grounds for appeal as specified in 121 CMR 1.415;

(e) The stated reason for the hearing request is outside the scope of 121 CMR 1.000 as stated in 121 CMR 1.100;

(f) The party requesting the hearing is not an applicant for or a participant in MRRP;

(g) The sole issue is the refugee's date of entry, which determines his or her benefits time eligibility period. The dispute shall be resolved by information from the U.S. Citizenship and Immigration Services, as specified in 121 CMR 2.655: End of Time-eligibility Period.

(2) The ORI Director has the discretion to order a hearing scheduled to allow the appellant an opportunity to contest the dismissal.

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