Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 1.00 - Standard Adjudicatory Rules Of Practice And Procedure › Section 1.02 - Informal/Fair Hearing Rules

Current through Register 1525, July 5, 2024
(1)
Preamble
. 801 CMR 1.02 of the Standard Adjudicatory
			 Rules of Practice and Procedure is a self- contained segregable body of
			 regulations of general applicability for proceedings in which formal rules
			 cannot be utilized or federal fair hearing procedures are applicable. An Agency
			 must determine for any class of hearings whether to hold hearings under
			 801 CMR 1.01, Formal
			 Hearings, or 801 CMR 1.02. Agencies shall determine based on such factors as:
			 the volume of cases held; whether claimants are represented by counsel; the
			 complexity of the issues; or the applicability of Federal fair hearings
			 procedures. All notices from which an Adjudicatory Proceeding can be claimed
			 shall state which rules apply, whether formal under
			 801 CMR 1.01, or
			 informal under 801 CMR 1.02. In addition, all notices shall contain a notice
			 printed in English, Spanish, Portuguese, Italian, Greek, French and Chinese
			 that informs the reader that the document is important and should be translated
			 immediately.
(2)
Scope,
			 Construction and Definitions
.
(a)
Scope and
			 Construction
. 801 CMR 1.02 shall apply to Adjudicatory Proceedings
			 involving review of action or inaction of an Agency or of a Veterans' agent
			 with respect to a claim for benefits or services. Without intending to limit
			 its applicability, 801 CMR 1.02 shall apply to all hearings held pursuant to
			 the fair hearing requirements of 7 CFR 273; 42 USC 503 (a)(3) and M.G.L. c.
			 151A, §§ 39 and 41. 801 CMR 1.02 shall also apply to the hearing
			 procedures of any other Agency which is, in whole or in part, governed by the
			 requirements of similar law, and to classes of hearings of any Agency for which
			 801 CMR 1.02 establishes minimum procedural protections for applicants or
			 recipients in such proceedings, and shall in no way be construed to limit the
			 protections afforded by state or federal law.
(b)
Definitions
.
			 Refer to all definitions included in M.G.L. c. 30A and in
			 801 CMR 1.01. In
			 addition, the following words when used in 801 CMR 1.02 shall have the
			 following meanings:
Applicant
. An individual who
				has applied or been denied the opportunity to apply for benefits available
				under any program administered by an Agency, H.C.C. or veterans' agent
				appointed pursuant to M.G.L. c. 115, § 3.
ASAP
. An Aging Services Access Point
				organized to provide services pursuant to a contract with The Executive Office
				of Elder Affairs.
Benefits
. Any benefit to an individual
				or service administered or rendered by an Agency.
Case Manager
. The Person who performs
				case management services.
DALA
. The Division of Administrative
				Law Appeals.
Division of Hearings (DTA)
. The
				Division of Hearings for the Department of Transitional Assistance.
Electronic Medium
. Any device used to
				preserve or transmit information electronically, including but not limited to
				telephone, e-mail and facsimile.
Hearing
. An Adjudicatory Proceeding
				held under these informal rules at 801 CMR 1.02.
Institution
. Any licensed hospital,
				nursing home or public medical institution.
Presiding Officer
. The individual(s)
				authorized by law or designated by the Agency or DALA to conduct an
				Adjudicatory Proceeding.
Recipient
. A Person or family
				receiving benefits under a program administered by an Agency, ASAP, or
				Veterans' Agent pursuant to M.G.L. c. 115, § 3.