reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.510 - Scheduling

Current through Register 1525, July 5, 2024
(1) ORI must register the appeal and set a date for a hearing no later than five working days from the date it receives the request for a hearing. The hearing officer will notify all parties of the hearing date at least ten calendar days prior to the date scheduled for the hearing.
The appellant may request an expedited hearing. A request for an expedited hearing automatically waives the requirement for the ten-day advance mailing notifying the appellant of the hearing date. The appellant and/or the appellant's representative will be contacted, orally when possible, at least 48 hours prior to the hearing.
(2) ORI shall select an accessible hearing site. If the appellant has a handicap or disability which reasonably prevents his or her appearance at the designated site, he or she may request that the hearing be held at his or her home or other accessible location.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.520 - Procedures and Requirements for Rescheduling

Current through Register 1525, July 5, 2024
(1) The hearing officer may change the date, time, and place of the hearing upon prior notice to all parties.
(2) The hearing officer has the discretion to reschedule the hearing at the request of either party to a hearing.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.530 - Dismissal for Failure to Prosecute

Current through Register 1525, July 5, 2024
(1) If the appellant fails to appear at the hearing, the hearing officer shall notify the appellant in writing with a copy to the appellant's representative, if any, that if within ten calendar days of the notice the appellant fails to request a rescheduled hearing and show good cause for the failure to appear, the appeal will be considered abandoned.
(2) When the record discloses the failure of the appellant to file documents required by these rules, respond to notices or correspondence, or comply with orders or when the appellant otherwise indicates intention not to continue with the prosecution of his or her appeal, ORI may issue an order requiring the appellant to show cause why the matter should not be dismissed for lack of prosecution.
(3) If the hearing officer finds good cause, the appeal shall be rescheduled; if not, the appeal shall be dismissed and aid pending appeal shall be discontinued.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.540 - Procedures for Vacating a Dismissal

Current through Register 1525, July 5, 2024
(1) The hearing officer shall notify the appellant of the dismissal and of the procedures for vacating a dismissal.
(2) The appellant must request vacation of the dismissal in writing within ten days of the date of the dismissal notice.
(3) The hearing officer may vacate the dismissal upon finding that the appellant has shown good cause for failure to appear at a scheduled hearing or otherwise prosecute the appeal.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.600 - Discovery

Current through Register 1525, July 5, 2024
(1) ORI encourages all parties to engage in voluntary discovery.
(2) The Case Management Provider must give the appellant or authorized representative reasonable opportunity to examine and copy or photocopy the entire content of the case file and all other documents and records to be used by the Case Management Provider at the hearing.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.605 - Subpoenas

Current through Register 1525, July 5, 2024
(1) Any party to a hearing and ORI on its own shall have the right to a subpoena requiring the attendance and testimony of witnesses and the production of tangible evidence relating to any matter in question at the hearing.
(2) Any party may have the subpoena issued by a notary public or justice of the peace in the name of ORI, or apply to ORI in writing for the issuance of the subpoena, which shall issue a subpoena within two working days of receiving the application.
(3) Any witness subpoenaed may petition ORI to vacate or modify a subpoena.
(a) The hearing officer shall in an informal manner give the party who requested the issuance of the subpoena notice of the petition orally or in writing. The notice shall quote the contents of the petition and shall indicate that the party may oppose the petition orally or, if time permits, in writing to the hearing officer. If time does not permit a party to respond to the request to vacate, the hearing shall be postponed long enough to permit the party to respond to the petition. This procedure shall not be construed to require a hearing or adjudicatory proceeding.
(b) After such investigation as the hearing officer considers appropriate, the hearing officer may grant the petition in whole or in part only if the hearing officer finds that:
1. the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question;
2. the subpoena is unreasonable or oppressive;
3. the subpoena has not been issued a reasonable period in advance of the time when the evidence is requested.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.610 - Evidence

Current through Register 1525, July 5, 2024
(1) There are no formal rules of evidence in fair hearings. The hearing officer shall follow statutory rules of privilege recognized in Massachusetts. The hearing officer may admit any evidence if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. The hearing officer may exclude repetitious or irrelevant evidence.
(2) The hearing officer shall not exclude evidence at the hearing for the reason that it had not been previously submitted to the Case Management Provider, provided that the Case Management Provider representative has reasonable time to examine and respond to the newly submitted evidence. However, the Case Management Provider may not offer documents or records that it has not previously made available to the appellant.
(3) The effective date of any adjustments to the appellant's grant level or eligibility status shall be the date on which all eligibility conditions were met, regardless of when the supporting evidence was submitted.
(4) Except as the hearing officer may order under 121 CMR 1.635 and 1.710, evidence on which a decision is based must be presented at the hearing. Copies of any evidence not submitted at the hearing shall be provided to all other parties who shall then have the opportunity to respond.
(5) Witnesses shall give oral testimony under oath or affirmation and be available for cross-examination.
(6) Regulations and statutes may be put into evidence by reference to the citation or by submitting a copy of the regulations. Memoranda and other materials may be put into evidence by submission of the original or a copy.
(7) Parties may submit as evidence stipulations of facts or stipulations to the accuracy of testimony by absent witnesses.
(8) The hearing officer may require either party, with appropriate notice to the other party, to submit additional evidence on any relevant matter.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.615 - Hearing Involving Medical Issues

Current through Register 1525, July 5, 2024
When the hearing involves medical issues, the hearing officer may order that a medical examination and assessment be obtained from an impartial medical practitioner. Such examination and assessment shall be made a part of the record and shall be at the expense of ORI.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.620 - Consolidated Hearings

Current through Register 1525, July 5, 2024
ORI may respond to a series of individual requests for hearings by conducting a single group hearing when the sole issue is one of state and/or federal law, regulation or policy and where individual issues of fact are not disputed.
In all group hearings, the regulations governing individual hearings must be followed. Each appellant shall be permitted to present his or her own case or have the case presented by a representative. However, all or part of the appellants in the hearing may submit their case as a group.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.625 - Interim Orders

Current through Register 1525, July 5, 2024
(1) If the hearing officer determines that the sole issue is the legality of state or federal law or regulation, or change in federal or state law, the hearing officer shall issue a written interim order denying the appeal and directing the Case Management Provider to proceed with any action delayed pending the hearing. The order shall be made a part of the record. The hearing officer is also required to issue a final written decision.
(2) The hearing officer may further order, in writing, the Case Management Provider or ORI to take immediate action to implement a decision announced at the hearing pending issuance of the decision.
(3) If at the hearing the appellant and the Case Management Provider resolve the issue(s) appealed, they may propose language for the hearing officer's decision. The hearing officer has the discretion to accept the proposed language.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.635 - Reopening Prior to Decision

Current through Register 1525, July 5, 2024
After the close of the hearing and prior to a decision, the hearing officer, if he or she finds it necessary, may reopen the record or, if appropriate, the hearing to consider additional testimony, evidence, materials or legal rules before making a decision. If this procedure is elected, the hearing officer must give ten days' written notice to all parties of the reopening together with the reasons for the action. The notice must include the date, time and place of the resumed hearing, which shall be held at a location accessible to the appellant. Prior to a hearing decision, any party to a hearing may request in writing that the hearing officer exercise this power and the request shall become part of the record.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.640 - The Record

Current through Register 1525, July 5, 2024
(1) The record shall be the exclusive source of the hearing officer's decision. The record shall include:
(a) All documents and other evidence offered and taken;
(b) Complete tape recordings or transcripts of the proceedings;
(c) All exhibits and documents introduced at the hearing; and
(d) For purposes of judicial review, the hearing officer's decision.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.700 - Time Limits for Making a Decision

Current through Register 1525, July 5, 2024
(1) The hearing officer must make a final decision within 30 days of the date of request for a hearing when the issue under appeal is:
(a) the denial of the right to apply or reapply for assistance;
(b) the denial of an application for assistance;
(c) the failure to act on an application in a timely manner.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.710 - Basis of Fair Hearing Decision

Current through Register 1525, July 5, 2024
(1) The hearing officer's decision shall be based upon testimony, documentary evidence, other tangible evidence and legal rules presented at the hearing. Any evidence, testimony, materials, legal rules or arguments presented after the close of the hearing will be excluded unless the hearing is reopened, the parties stipulate procedures for response, or waive the right to respond.
(2) The decision shall be based upon a preponderance of evidence.
(3) The decision must be made in accordance with the law.
(a) The law includes the State and Federal Constitutions, statutes, regulations, and decisions of State and Federal Courts.
(b) The hearing officer may not determine the legality of ORI regulations. If the legality of an ORI regulation is at issue, the hearing officer shall base the decision on the regulation, explaining in the decision that he or she is without authority to decide the legality of the regulation.
(c) The hearing officer cannot as the sole basis for the decision rely on ORI memoranda and materials containing nonregulatory rules, standards, or interpretations.
(d) However, the hearing officer may admit as evidence pertinent ORI procedures or policies and may allow the appellant time to respond in writing to those items admitted as evidence.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.720 - Content of Decision

Current through Register 1525, July 5, 2024
(1) The decision of the hearing officer shall contain the following:
(a) Statement of the issues involved in the hearing;
(b) Summary of evidence;
(c) Findings of fact on all relevant factual matters;
(d) Rulings of law on all relevant legal issues, with citations to supporting regulations or other law;
(e) Conclusions drawn from the findings of fact and rulings of law if appropriate;
(f) The hearing officer's order, which shall require appropriate action to be taken by the Case Management Provider or ORI including, if appropriate, retroactive and/or prospective relief.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.740 - Finality of the Appeal Decision

Current through Register 1525, July 5, 2024
The decision of the hearing officer shall be final and binding on the Case Management Provider. ORI shall not interfere with the independence of the decision-making process of the hearing officer. The hearing officer's findings of facts are binding on the parties to that case and cannot be disputed again between them in any other administrative proceeding, unless otherwise provided by law.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.750 - Implementation of the Appeal Decision

Current through Register 1525, July 5, 2024
(1)
Notification to Appellant
. When the decision is issued, the Case Management Provider shall notify the appellant of his or her right to full and prompt implementation of the decision within ten days. The notice shall direct the appellant to notify the appropriate ORI official in writing if there is not full compliance.
(2)
Responsibility of the Case Management Provider.
The Case Management Provider shall be responsible for the full and prompt implementation of all fair hearing decisions so that the appellant will receive any benefits due within 30 days of the date of the decision. No official or any other employee of the Case Management Provider or ORI shall obstruct or otherwise interfere with, review, change or attempt to influence the implementation of the fair hearing decision.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.800 - Judicial Review

Current through Register 1525, July 5, 2024
If the appellant is dissatisfied with the final decision of the hearing officer, he or she may exercise the right of judicial review in accordance with M.G.L. c. 30A. The appellant seeking judicial review must file a complaint either with the Superior Court in the county where he or she resides or has his or her principal place of business, or in Suffolk County, within 30 days after receipt of the fair hearing decision.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.810 - Access to the Record

Current through Register 1525, July 5, 2024
The record of the fair hearing shall be provided to the appellant within the appropriate time limits after filing a Complaint for Judicial Review. ORI will provide the appellant access to the record by allowing the appellant and/or representative to examine and copy all documentary evidence and to listen to the tape recording or review the hearing with the stenographer, if applicable.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.820 - Compilation of Fair Hearing Decisions

Current through Register 1525, July 5, 2024
ORI will compile all fair hearing decisions for each calendar month. ORI will make copies of this compilation available to the public. ORI will protect applicant/participant confidentially by deleting personal data, including the appellant's name and address.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.050 - The Office for Refugees and Immigrants: Purpose and Authority

Current through Register 1525, July 5, 2024
The Massachusetts Office for Refugees and Immigrants (ORI) was established by St. 1992, c. 133, § 171; M.G.L. c. 6, §§ 205 through 208. Its purpose is to promote the full participation of refugees and immigrants as self-sufficient individuals and families in the economic, social and civic life of Massachusetts. The Director of ORI is the state refugee coordinator designated pursuant to the federal Refugee Act of 1980 as the state official with primary responsibility for the coordination of public and private resources in refugee resettlement.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.100 - Massachusetts Refugee Resettlement Program

Current through Register 1525, July 5, 2024
(1) The Refugee Act of 1980, Chapter 2 of Title IV of the Immigration and Nationality Act ( 8 USC 1521
et seq
.) established the federal Refugee Resettlement Program. 8 USC 1521
et seq
. authorizes funds for the administration and implementation of social and educational services, employment training and placement, and cash and medical assistance for refugees. 8 USC 1521
et seq
. is intended to promote the resettlement and economic self-sufficiency of refugees within the shortest time possible.
(2) An amendment to 8 USC 1521
et seq
. authorized the Secretary of the United States Department of Health and Human Services to approve alternative programs "...under which refugees are provided interim support, medical services, support services, and case management, as needed, in a manner that encourages self-sufficiency, reduces welfare dependency, and fosters greater coordination among the resettlement agencies and service providers." Section 412(e)(7) of the Immigration and Nationality Act, 8 U.S.C. 1522(e)(7). The Massachusetts Refugee Resettlement Program (MRRP) is such an alternative program.
(3) The primary purpose of MRRP is to assist refugees to achieve durable self-sufficiency. It seeks to accomplish this purpose by emphasizing coordination of services, early employment and post-employment services.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.110 - Administration and Overview of the Massachusetts Refugee Resettlement Program

Current through Register 1525, July 5, 2024
(1) Subject to available funds, ORI administers MRRP through contracts with local governments, community-based organizations and/or other public or private organizations.
(2) The major components of MRRP are:
(a) Refugee Case Management Services offer refugees access to Employment Services, Refugee Cash Assistance, Refugee Medical Assistance, and other services necessary for successful resettlement. Case managers assess needs and refer refugees to service providers, coordinate and oversee the development of a Family Self-sufficiency Plan, monitor progress on the Plan, determine initial and continuing eligibility for Refugee Cash Assistance, and assist refugees in applying for Refugee Medical Assistance or MassHealth.
(b) Refugee Employment Services offer pre-placement services to assist employable family members to secure early employment and post-placement services designed to help the family achieve durable self-sufficiency. English language training is available as an employment service to the extent that it is necessary for the initial employment and, after initial placement, to the extent that it is necessary for the family to achieve durable self-sufficiency.
(c) Refugee Cash Assistance offers transitional financial support to refugees who are ineligible for TANF, referred to as Transitional Aid to Families with Dependent Children (TAFDC) in Massachusetts; or SSI.
(d) Refugee Medical Assistance provides transitional medical coverage for those refugees ineligible for Medicaid (referred to as MassHealth in Massachusetts).
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.120 - Basic Requirements

Current through Register 1525, July 5, 2024
(1)
Refugee Status and Eligibility
. MRRP eligibility requires appropriate documentation that a person is a refugee, asylee, Amerasian, Cuban or Haitian Entrant, Certified Trafficking Victim, or Afghan or Iraqi Special Immigrant, as defined and specified in 121 CMR 2.420. For purposes of MRRP and 121 CMR 2.000, "refugee" is used to describe anyone who meets the requirements of 121 CMR 2.420.
(2)
Residence
. Only Massachusetts residents are eligible for assistance under MRRP.
(3)
Time-limited Eligibility
. Time eligibility for Refugee Case Management, Employment Services and Medical Assistance, the major components of the MRRP, begins with the Date of Entry, as set forth in 121 CMR 2.425; and expires for each component, as set forth in 121 CMR 2.430.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.200 - Rights of Refugees

Current through Register 1525, July 5, 2024
The policies of the Massachusetts Refugee Resettlement Program shall be administered in accordance with the rights guaranteed by Massachusetts and federal law, the MRRP regulations at 121 CMR 1.000 through 3.000, federal regulations, the policies of ORI and general principles of privacy and personal dignity.
A refugee has a right to be informed of his or her rights and responsibilities under the MRRP. This includes the right of access to 121 CMR 1.000 through 3.000, which shall be available during regular business hours at Case Management Providers and ORI.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.210 - Right to Non-discrimination and Equal Treatment

Current through Register 1525, July 5, 2024
All activities conducted by ORI and its contractors must be carried out in accordance with Title VI of the Civil Rights Act of 1964 ( 42 USC 2000d
et seq
.), the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, as amended ( 29 USC 794 ), the Age Discrimination Act of 1975, as amended ( 42 USC 6101
et seq
.), and the Massachusetts Constitution. ORI does not discriminate on the basis of race, color, sex, national origin, disability, sexual orientation or age in admission or access to, or treatment or employment in, its programs or activities, nor shall any ORI contractor.
A Civil Rights Officer has been designated to coordinate ORI's compliance with the U.S. Department of Health and Human Services regulations (45 CFR Parts 80, 84 and 91), including ensuring services are delivered in a language that the refugee can understand. For further information about resolution of discrimination complaints, contact should be made with the Civil Rights Officer or the General Counsel, Office for Refugees and Immigrants, 600 Washington Street, Suite 400, Boston, MA 02111.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.220 - Right to Confidentiality

Current through Register 1525, July 5, 2024
The confidentiality of information in the case record shall be protected in accordance with the provisions of M.G.L. c. 66A, and 45 CFR 400.27.
Refugees shall be advised that, if their current Case Management Provider is not the Refugee Resettlement Agency that was responsible for their initial resettlement, the Provider will notifiy the initial Refugee Resettlement Agency when they apply for refugee cash assistance and/or are receiving MRRP services.
Information in case records may be disclosed for certain purposes which do not violate the right to confidentiality and are necessary for program administration.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.230 - Right to Information

Current through Register 1525, July 5, 2024
A refugee or his or her designated representative has the right to inspect his or her own case record and to challenge information contained therein. The Case Management Provider shall correct information determined to be inaccurate.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.240 - Right to a Fair Hearing

Current through Register 1525, July 5, 2024
A refugee has the right to a fair hearing as set forth in 121 CMR 2.665 to dispute an adverse action, proposed action, or failure to act by the Case Management Provider.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.260 - Right to Linguistically Appropriate Services

Current through Register 1525, July 5, 2024
A refugee whose limited English proficiency prevents him or her from understanding his or her rights and responsibilities and from benefiting from the MRRP has the right to services from a case manager who can communicate in the refugee's primary language. If such bilingual staff is not available, an interpreter shall be provided at no cost to the refugee unless the refugee prefers his or her own interpreter. MRRP notices and forms, as they relate to program eligibility, duration and amount of refugee cash assistance payments, and participation requirements; shall be in languages commonly used by refugees. Any notices not in a refugee's language shall contain a Provider statement confirming that the refugee received assistance translating program notices or letters.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.300 - Responsibilities of Refugees

Current through Register 1525, July 5, 2024
The Case Management Provider shall explain to the refugee all rights and responsibilities under the MRRP. The refugee shall sign an agreement acknowledging that he or she has been advised of his or her rights and responsibilities, and will abide by the terms of the program.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.310 - Responsibility for Providing Verification

Current through Register 1525, July 5, 2024
(1) The Case Management Provider is responsible for explaining the verification process to the refugee, identifying the specific verifications that must be submitted and alternative verifications that may establish eligibility factors, and assisting in obtaining required verification(s) when the provider is aware that the refugee will have difficulty in obtaining the verification(s). The Case Management Provider shall give the refugee a list of required verifications.
(2) Any information, not subject to change, provided to a Refugee Resettlement Agency through the Reception and Placement (R&P) process shall be considered verified unless there is information challenging its accuracy. This shall not prohibit a refugee from correcting inaccurate information in the case record.
(3) If the Case Management Provider is not the Refugee Resettlement Agency that was responsible for the Reception and Placement process, the Case Management Provider shall, if necessary, contact the responsible Agency for information required to verify eligibility.
(4) The refugee shall submit verifications, not already provided through the R&P process, which demonstrate that the refugee has satisfied eligibility factors for participation in the program.
(5) Self-declarations may not be used to verify refugee status, date of entry, or participation in Employment Services.
(6) If the refugee does not submit the required documentation, and if the Case Management Provider cannot verify that the refugee has met all MRRP eligibility factors after it contacts appropriate third parties, the provider must deny, terminate or reduce assistance for the affected assistance unit member(s).
(7) If the provider cannot determine financial eligibility for any member of the filing unit, the entire assistance unit is ineligible for financial assistance.
In the case of initial financial eligibility determination, if the applicant submits required documentations within 30 days of denial of assistance, the provider may approve the refugee's application retroactive to the date of filing. In the case of a redetermination of financial eligibility, if the applicant submits required documentation within 30 days of termination, the provider may approve the refugee's financial eligibility retroactive to the date of termination.
See
121 CMR 2.640.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.320 - Responsibility for Notification of Changes

Current through Register 1525, July 5, 2024
The refugee is required to report to the Case Management Provider within five working days any changes in his or her circumstances that may affect the assistance unit's eligibility or grant amount. The only exception to this timeframe is for a refugee who is receiving Refugee Cash Assistance or Refugee Medical Assistance while an application for SSI is pending. In this case, the refugee must notify the Case Management Provider within one working day of receiving an SSI award letter from the Social Security Administration.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.330 - Responsibility for Furnishing Information

Current through Register 1525, July 5, 2024
The refugee shall provide information in response to requests from the Case Management Provider or ORI for purposes of quality control or state or federal audits.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.340 - Responsibility for Cooperating in the Eligibility Determination Process

Current through Register 1525, July 5, 2024
(1) Case managers shall review case records to monitor continued eligibility and progress toward durable self-sufficiency. A refugee shall cooperate in this process as a condition of continued eligibility. Case managers may schedule an appointment with a refugee as part of the review process when they are aware of changes or anticipated changes in family composition, income, employment, and other changes in circumstances that may affect eligibility, or an approaching or past critical point in the Family Self-sufficiency Plan.
(2) A refugee is responsible for keeping scheduled appointments. A refugee who misses a scheduled meeting to determine eligibility may be ineligible unless he or she contacts the case manager by the day of the meeting to reschedule or, if unable to make such advance contact, the day after the circumstances ended that prevented the contact.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.400 - Non-financial Eligibility Requirements and Disqualifying Factors for MRRP

Current through Register 1525, July 5, 2024
(1)
Eligibility Factors
. In addition to the responsibilities described in 121 CMR 2.310 through 2.340, there are substantive eligibility requirements that a refugee must meet to be eligible for MRRP. The non-financial requirements are described in 121 CMR 2.410 through 2.440, and the financial factors and method of computing the Refugee Cash Assistance grant are described in 121 CMR 2.500 through 2.560. The factors which disqualify a refugee from receiving different types of assistance under MRRP are described in 121 CMR 2.450 through 2.490.
(2)
Verification
. Acceptable verifications for different eligibility factors are described in 121 CMR 2.540, 2.620(5)  and 2.625. Whenever information that establishes an eligibility factor is available from the Reception and Placement process, that information shall be sufficient verification unless there is conflicting information, or unless the refugee disputes the accuracy of the information.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.410 - Residence

Current through Register 1525, July 5, 2024
The refugee shall be a resident of Massachusetts. There is no duration requirement to establish residence. Residence need only be verified when there is information available to the case manager that is contradictory, inconsistent or incomplete. Residence can then be verified by any record or document, such as a rent receipt, driver's license, utility record, pay stub, employment record, or third-party affidavit. Written documentation may be required for a change of address.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.420 - Refugee Status

Current through Register 1525, July 5, 2024
(1) Individuals with the following statuses may be eligible for services and benefits under the MA Refugee Resettlement Program. For purposes of the program, "refugee" is used to describe anyone who falls within the following statuses. Also
see
45 CFR § 400.43(a)(1) through (6):
(a) Individuals paroled as refugees or asylees under § 212(d)(5) of the Immigration and Nationality Act (INA).
(b) Refugees admitted under § 207 of the INA.
(c) Asylees whose status was granted under § 208 of the INA.
(d) Cuban and Haitian entrants, as defined below, in accordance with the requirements in 45 CFR § 401.2:
1. Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided.
2. A national of Cuba or Haiti who was paroled into the U.S. and has not acquired any other status under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered.
3. A national of Cuba or Haiti who is the subject of removal, deportation or exclusion proceedings under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered.
4. A national of Cuba or Haiti who has an application for asylum pending with USCIS or the Executive Office of Immigration Review, U.S. Department of Justice, and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered.
(e) Lawful permanent residents provided the individuals previously held one of the statuses identified 121 CMR 2.420(4)(a) through (d).
(f) Certain Amerasians from Vietnam who are admitted to the United States as immigrants pursuant to § 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in § 101(e) of  Public Law 100-202  ), as amended (8 U.S.C. § 1101 note).
(g) Iraqi and Afghan Special Immigrants per section 1244(g) of Div. A of Pub. L. 110-181, as amended (8 U.S.C. § 1157 note) and section 602(b) (8) of Div. F of  Pub. L. 118-8, as amended (8 U.S.C. § 1101 note).
(h) Victims of a severe form of trafficking in persons per the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, as amended, 22 U.S.C. § 7105(b) (1) (A) and (C).
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.425 - Date of Entry by Immigration Status

Current through Register 1525, July 5, 2024
The Date of Entry of populations eligible for benefits and services under the Massachusetts Refugee Resettlement Program is the date of arrival to the U.S. in a qualifying status; or for persons applying for status from within the U.S., the date of grant of qualifying status, as set forth in 121 CMR 2.425(1) through (14):
(1) Refugee Principal Applicant: date of arrival to the U.S. in refugee status.
(2) Refugee Derivative: date of arrival to the U.S. in derivative refugee status.
(3) Asylee Principal Applicant: date of grant of asylee status.
(4) Asylee Derivative Consular Processed (Overseas): date of arrival to the U.S. in derivative asylee status.
(5) Asylee Derivative Domestic Processed (within the U.S.): date of grant of derivative asylee status.
(6) Cuban/Haitian Entrant: date individual becomes a Cuban/Haitian Entrant.
See
121 CMR 2.420(4).
(7) Iraqi or Afghan Special Immigrant (SIV) Consular Processed: date of arrival to the U.S. in SIV status.
(8) Iraqi or Afghan Special Immigrant (SIV) Domestic Processed: date of grant of SIV status.
(9) Iraqi or Afghan Special Immigrant (SIV) Derivative Consular Processed: date of arrival to the U.S. in derivative SIV status.
(10) Iraqi or Afghan Special Immigrant (SIV) Derivative Domestic Processed: date of grant of derivative SIV status.
(11) Adult Victims of Trafficking (VOT): date of Certification Letter issued by the federal Administration for Children and Families.
(12) Child of Adult Victim of Trafficking: date of ACF Eligibility Letter.
(13) Derivatives of Victims of Trafficking with T status Consular Processed: date of admission to the U.S. in derivative T status.
(14) Derivatives of Victims of Trafficking with T status Domestic Processed: date of grant of derivative T status.
The assistance unit may contain individuals who have different dates of entry. Disputes regarding dates of entry are resolved through review of documentation issued by the U.S. Citizenship and Immigration Services, or from the Immigration Courts of the Executive Office of Immigration Review, U.S. Department of Justice, rather than by fair hearing.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.430 - Time-limited Eligibility

Current through Register 1525, July 5, 2024
(1) Federal directives, the Massachusetts Wilson/Fish Cooperative Agreement and federal funds limit time eligibility for MRRP to specified periods starting with the refugee's Date of Entry. The time limits may be changed without publication of changes in 121 CMR 2.000, but refugees whose eligibility for Refugee Cash Assistance or Refugee Medical Assistance is adversely affected will receive timely notice of the change.
(2) As of August 1, 2016, time eligibility for Refugee Cash Assistance and Refugee Medical Assistance begins on the Date of Entry, and expires at the end of the refugee's eighth month in the U.S.
See
121 CMR 2.420 and 2.425.
(3)
Refugee Employment Services
. A refugee may be eligible for employment services beyond the eligibility time limit for Refugee Cash Assistance and Refugee Medical Assistance, for up to the first 60 months from his or her Date of Entry, as long as such services are part of his or her Family Self-sufficiency Plan.
(4)
Refugee Case Management Services
. A refugee may be eligible for case management services beyond the eligibility time limit for Refugee Cash Assistance and Refugee Medical Assistance, for up to the first 60 months from his or her Date of Entry.
(5) The period for which a refugee may be provided benefits and services under the MRRP (refereed to as the benefit access period) begins with the date of application.
See
121 CMR 2.615(2)(a).
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.440 - Participation in Employment Services

Current through Register 1525, July 5, 2024
(1) A refugee who is determined to be employable, is required to participate in refugee employment services, unless exempt from participation.
See
121 CMR 2.720 and 121 CMR 2.725.
(2) A participant cannot have refused an appropriate offer of employment nor have voluntarily terminated such employment unless exempted from participation in employment services, or, unless he or she had good cause for such action.
See
121 CMR 2.730
(3) The requirement to participate in employment services does not apply to Refugee Medical Assistance eligibility.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.450 - Supplemental Security Income (SSI) Eligibility

Current through Register 1525, July 5, 2024
(1)
SSI Eligibility
. A refugee who the Social Security Administration determines is eligible for SSI, is not eligible for Refugee Cash Assistance, or Refugee Medical Assistance.
(2)
Application for SSI
. If a refugee appears to be eligible for SSI because of age or because he or she is unable to work due to a permanent mental or physical disability, the refugee must apply for SSI. Refugee Cash Assistance and/or Refugee Medical Assistance shall be provided to an otherwise SSI eligible refugee while an application for SSI is pending, effective the date of the MRRP application, provided the refugee submits documentation from the Social Security Administration that he or she has applied for SSI.
(3)
Termination of Refugee Cash Assistance and Refugee Medical Assistance
. A refugee who is receiving Refugee Cash Assistance or Refugee Medical Assistance while an application for SSI is pending shall notify the Case Management Provider within one working day of receiving an SSI award letter from the Social Security Administration. Any Refugee Cash Assistance payment made as the result of delay in notification of the case manager shall be an overpayment. Adequate notice given to the refugee, or mailed so as to arrive, on or before the date the next Refugee Cash Assistance check was due, shall be sufficient notice to terminate Refugee Cash Assistance when the reason for termination is SSI eligibility.
(4)
Employment Services
. A refugee who is not eligible for Refugee Cash Assistance because of eligibility for SSI may still be eligible for employment services.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.460 - Transitional Aid to Families with Dependent Children (TAFDC) Eligibility

Current through Register 1525, July 5, 2024
(1)
Eligibility
. A refugee who the Massachusetts Department of Transitional Assistance (DTA) determines is eligible for TAFDC, is not eligible for Refugee Cash Assistance or Refugee Medical Assistance.
(2)
Applicants
. If a refugee appears to be eligible for TAFDC at the time of application for the MRRP, the Case Management Provider must refer the refugee to the Department of Transitional Assistance (DTA) to apply for TAFDC as soon as possible after date of entry. Only upon DTA denial of TAFDC eligibility can the Case Management Provider determine whether a client is eligible for Refugee Cash Assistance. The denial must be verified by a copy of the notice from the DTA or other written or oral communication from the Department to the case manager. Oral communication, including the reason for denial, shall be noted in the case record. If TAFDC is denied, Refugee Cash Assistance, subject to the time limitations of the program, shall be retroactive to the date of the MRRP application.
(3)
Open Refugee Cash Assistance Cases
. If a refugee who is receiving Refugee Cash Assistance appears to have become eligible for TAFDC because of changed circumstances, for example birth of a child or pregnancy, he or she must apply for TAFDC immediately. Refugee Cash Assistance will be authorized for up to 30 days from the date the case manager refers the refugee to the Department of Transitional Assistance for application, unless TAFDC is denied. The denial shall be verified by a copy of the notice from the Department of Transitional Assistance or other written or oral communication from the Department to the case manager. Oral communication, including the reason for denial, shall be noted in the case record.
(4)
Delay in TAFDC Application
. The Case Management Provider shall inquire at the local Department of Transitional Assistance office if a refugee has not received a written notice of approval or denial for TAFDC within 30 days of the date of application. In the case of an open Refugee Cash Assistance case, if no decision has been made because of missing verification, Refugee Cash Assistance shall be continued until the TAFDC application is acted upon. The Case Management Provider shall assist in securing verifications.
(5)
Termination of Refugee Cash Assistance
. When a refugee who is receiving Refugee Cash Assistance is approved for TAFDC, adequate notice given to the refugee, or mailed so as to arrive, on or before the next scheduled Refugee Cash Assistance payment, shall be sufficient notice to terminate Refugee Cash Assistance.
(6)
Employment Services
. A refugee who is not eligible for Refugee Cash Assistance because of eligibility for TAFDC is eligible for employment services.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.470 - Medicaid Eligibility (Referred to as MassHealth in Massachusetts)

Current through Register 1525, July 5, 2024
A refugee who is eligible for MassHealth is not eligible for Refugee Medical Assistance.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.480 - Student in Institution of Higher Education

Current through Register 1525, July 5, 2024
(1) A refugee who is receiving Refugee Cash Assistance cannot be a full-time student in an institution of higher education unless enrolled in a program that is an English-language or other training program, less than 12 months in duration, designed to prepare and place the participant in employment and consistent with the Family Self-sufficiency Plan. Such a program cannot interfere with early employment goals of the participant. The case manager must verify that these conditions are being met
(2)121 CMR 2.480 does not apply to Refugee Medical Assistance eligibility.