Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 1.00 - Administrative Review And Fair Hearing › Section 1.21 - Decision

Current through Register 1525, July 5, 2024
112 CMR 1.21 substitutes for
				801 CMR
				1.02(11).
(1) Within 30 days of the close of the
			 hearing, the presiding officer shall submit to the Commissioner a full written
			 report of the findings and grounds for a proposed decision, which shall be
			 based exclusively upon the evidence, testimony, materials and legal rules
			 presented at the hearing and good professional practices in Case Management.
			 Any evidence, testimony, materials, and legal rules presented after the close
			 of the proceeding shall be excluded unless the proceeding is reopened by the
			 presiding officer, provided however, that the presiding officer may rely upon
			 such legal rules as the officer deems relevant, even if not introduced by
			 either party during the proceeding.
(2) The presiding officer shall
			 simultaneously mail or deliver a copy of the proposed decision to the
			 individual or his or her authorized representative.
(3) The Commissioner may review the presiding
			 officer's proposed decision before it becomes final. If the Commissioner
			 decides to review the proposed decision, in whole or in part, he shall notify
			 the individual and the individual's representative of such review within 20
			 days of the date when the presiding officer mailed the proposed decision to the
			 individual. If the Commissioner elects not to review the proposed decision, the
			 individual shall be notified that the proposed decision is final and binds the
			 Commission within 20 days of the date when the presiding officer mailed it to
			 the individual.
(4) If a notice of
			 the Commissioner's intent to review the presiding officer's proposed decision
			 is sent to the individual, he/she shall have the right to file written
			 objections and submit to the Commissioner in written format additional evidence
			 and information which is relevant to the decision within 20 days of the date
			 when the notice was mailed. If the Commissioner seeks to review the proposed
			 decision, no final decision shall be made until the individual or the
			 individual's authorized representatives have had the opportunity to file such
			 written objections and evidence or the 20-day time period for filing such
			 additional evidence and objections has expired.
(5) The Commissioner shall ensure that the
			 final decision of the Commission is made in writing, and includes a full report
			 of the findings and grounds for such a decision. If the Commissioner elects to
			 review the proposed decision, the Commissioner's final decision shall be made
			 within 30 days of providing notice of intent to review the proposed decision
			 unless further time is agreed to by the individual or the individual's
			 authorized representative.
(6) The
			 presiding officer's proposed decision and the Commissioner's final decision
			 must be rendered in accordance with the law, which includes the duly
			 promulgated regulations of the Commission and other Massachusetts agencies,
			 state and federal statutes, federal regulations, the Constitutions of the
			 United States and the Commonwealth of Massachusetts, as well as court decisions
			 of Massachusetts and the United States and administrative policies of the
			 Commission. Neither the Commissioner nor the presiding officer shall render
			 decisions which require the determination of the legality of the Commission
			 regulations. Such matters may be decided by the courts without any necessity of
			 going through the fair hearing process.
(7) In rendering a proposed or final
			 decision, the presiding officer or the Commissioner may, take one of several
			 courses of action which include, but are not limited to, the following:
(a) find in favor of the individual;
			 or
(b) uphold the decision, action
			 or inaction of the Commission; or
(c) accept a written withdrawal of the appeal
			 which is signed by the individual or the client's authorized representative;
			 or
(d) accept a settlement of the
			 issues agreed to by the parties; or
(e) default any party who fails to appear and
			 does not request a rescheduling of the appeal, in accordance with
			 801 CMR
			 1.02(10)(e).