Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III
Section 9.05 - Local Administrative Review

The Area Agency on Aging must conduct an Administrative Review promptly after receipt of a notice of appeal from an Appellant. This review must provide the Appellant an opportunity to state in writing or in person to the Area Agency the reason or reasons why an appeal was filed with the Department and the factual circumstances or issues which the hearing should consider.

The purpose of the Local Administrative Review is to provide all parties an opportunity to resolve disputes at the local level prior to a hearing at the Department. A good faith effort should be made to review the facts and issues and to achieve an amicable settlement.

Each Area Agency on Aging shall develop a fair and adequate administrative review procedure and notify the Department of the adopted procedures or any changes that may from time to time thereafter be made. The review procedures may be a formal or informal hearing, an arbitration or mediation, or a combination of elements of several such methods. When disputes between the Area Agency and the Appellant are resolved through Local Administrative Review, both the Area Agency and the Appellant must notify the Hearing Officer promptly and in writing by delivery or registered or certified mail so that the appeal may be removed from the list of scheduled hearings.

If the dispute is not resolved, the Department will conduct a de novo hearing: but the Hearing Officer may examine documents and papers considered at the Local Administrative Review, if this is believed to be useful to the hearing on appeal.

The Local Administrative Review should be completed promptly, and within 20 days after the Area Agency receives notice of the appeal.