Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 1.00 - Case Conference, Administrative Review, Voluntary Mediation, and Fair Hearing › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
Administrative Review
. A review by a
				three member panel designated by the Commissioner to assess the correctness of
				agency action with the ultimate purpose of reversing, modifying or upholding
				such action.
Administrative Review Panel
. The three
				persons designated by the Commissioner to hold an Administrative Review.
Advisory Board
. The Advisory Board of
				the Commission as set up under M.G.L. c. 6, § 129, also referred to as the
				Statutory Advisory Board.
Agency Action
. Any decision made by an
				employee of the Commission which affects an individual's eligibility for
				services from the Commission or the manner of delivery of services to a
				Commission consumer in any federal, state or combined federal-state program
				administered by the Commission.
Authorized Representative
. An
				attorney, legal guardian or other person authorized by a party to represent
				that party in a proceeding described by
				111 CMR 1.00.
Deputy Commissioner
. The Deputy
				Commissioner at the Commission for the Blind.
Case Conference
. Refers to the first
				step in the administrative review process, and involves convening the
				complainant, the complainant's authorized representative, if any, the employee
				whose action is contested and such employee's supervisor(s) with the ultimate
				purpose of identifying, clarifying, or resolving the matter for which review is
				sought.
Commission
. The Massachusetts
				Commission for the Blind.
Commissioner
. The Commissioner of the
				Massachusetts Commission for the Blind.
Complainant
. The consumer contesting
				the action or failure to act of the Commission.
Consumer
. An individual receiving
				and/or applying to receive services from the Commission.
Fair Hearing
. An adjudicatory appeal
				of an Administrative Review decision before the Statutory Advisory Board or
				before an Impartial Hearing Officer with the ultimate purpose of reversing,
				modifying or upholding the Administrative Review Panel's decision.
Impartial Hearing Officer
. An
				individual who is assigned to conduct a Fair Hearing for a complainant who is
				receiving or seeking services from the Commission's vocational rehabilitation
				program or independent living program, provided that the individual
				assigned:
(a) has knowledge of the delivery of vocational rehabilitation
				services, the Commission's plans for vocational rehabilitation and independent
				living services, the Federal and Massachusetts laws, regulations, and policies
				governing such services, and training with respect to performing the official
				duties of a hearing officer;
(b) has not been involved in previous decisions regarding
				independent living services, or the vocational rehabilitation of the consumer
				who has requested the appeal;
(c) has no personal, professional, or financial interest that
				would be in conflict with the hearing officer's objectivity;
(d) is not an employee of the Commission, except that payment
				by the Commission solely for services as a hearing officer shall not constitute
				employment by the Commission for the purposes of determining the individual's
				impartiality or status as "employee";
(e) is not a member of the State Rehabilitation or Independent
				Living Council; and
(f) be selected from among a pool of qualified individuals who
				have been identified jointly by the Commission and the state Rehabilitation
				Council.
Individualized Plan for Employment
				(IPE)
. A plan, developed jointly by the counselor and consumer, as
				required by the Rehabilitation Act of 1973, as amended, which defines the
				consumer's vocational goal and outlines the responsibilities of the consumer
				and the Commission and the vocational rehabilitation services to be provided to
				achieve that goal.
Mediation
. The act or process of using
				an independent third party to act as a mediator, intermediary, or conciliator
				to assist persons or parties in settling differences or disputes prior to
				pursuing fair hearings or other legal remedies. A consumer may make a request
				for a voluntary mediation as part of the request for a fair hearing in
				accordance with
				111 CMR
				1.05(1). If both parties
				agree to the mediation, one will be scheduled by the Commissioner.
Presiding Officer
. In a Case
				Conference, the senior-most Commission employee present or that employee's
				designee; in an Administrative Review, the Deputy Commissioner or that
				employee's designee; in a Fair Hearing, the Commissioner or Impartial Hearing
				Officer, as the case may be; in an Arbitration, the Arbitrator identified by
				the Arbitrators initially chosen by the consumer and Commission. In a
				Mediation, the Qualified Mediator chosen to perform the mediation by the
				consumer and Commission.
Proceedings
. Case Conference,
				Administrative Review, Fair Hearing or Arbitration as described in
				111 CMR 1.00. Voluntary
				Mediation is a separate proceeding as described in
				111 CMR
				1.11.
Qualified and Impartial Mediator
. An
				individual who:
(a) is not an employee of the Commission, except that payment
				by the Commission solely for services as a hearing officer shall not constitute
				employment by the Commission for the purposes of determining the individual's
				impartiality or status as "employee";
(b) is not a member of the State Rehabilitation Council or of
				the State Independent Living Council;
(c) has not been involved previously in the vocational
				rehabilitation or independent living services of the applicant or eligible
				individual;
(d) has knowledge of the delivery of vocational rehabilitation
				services, the Commission's plans for vocational rehabilitation and independent
				living services, the Federal and Massachusetts laws, regulations, and policies
				governing such services;
(e) has been trained in effective mediation techniques
				consistent with any Commonwealth approved or recognized certification,
				licensing, registration, or other requirements; and
(f) has no personal, professional, or financial interest that
				would conflict with the objectivity of the individual during the mediation
				proceedings.