Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 10.00 - Fair Hearing And Grievances › Section 10.29 - Decision

Current through Register 1525, July 5, 2024
(1) The Hearing Officer shall render a
			 written decision within 60 business days after the close of the record unless
			 notice is provided to the Appellant that a longer period of time is needed to
			 reach a decision and the time for issuance of such decision shall be extended
			 for an additional 30 business days. The Hearing Officer may not extend such
			 time for hearings deemed to be expedited hearings and must issue such decisions
			 within 60 business days after the close of the record.
(2) The Hearing Officer may affirm the
			 challenged decision, reverse the challenged decision or remand the decision to
			 the Area Office or Provider to obtain additional information or to take further
			 action. In making a determination on these questions, the Fair Hearing Officer
			 shall give due weight to the clinical decision made by a Department social
			 worker.
(3) If the Hearing Officer
			 recommends to reverse the decision of the Area Office or provider, the Hearing
			 Officer shall submit to the Commissioner or designee the Hearing Officer's
			 written decision within the timeframe as set forth above. Simultaneously the
			 Hearing Officer shall send to the Appellant notification that the Hearing
			 Officer has submitted his or her decision to the Commissioner or designee
			 recommending a reversal of the Area Office's decision. Such notice shall inform
			 the Appellant that if the Commissioner or designee does not issue a decision
			 within 21 business days, the recommendation of the Hearing Officer shall become
			 the final decision of the Department. The Commissioner or designee may accept
			 the Hearing Officer's recommendation or may overturn the Hearings Officer's
			 decision. If the Commissioner or designee determines that he or she will
			 overturn the Hearing Officer's decision to reverse the decision of the
			 Department, the Commissioner or designee shall write the reasons why he or she
			 does not agree with the decision of the Hearing Officer and why he or she holds
			 that the analysis of the findings by the Hearing Officers is not accepted and
			 shall append to the Hearings Officer's findings and recommendation to such
			 decision. The Commissioner or designee may not make additional findings of fact
			 to the Hearing Officer's findings, which shall be binding on the Commissioner.
			 The decision to overturn the Hearing Officer shall be solely based upon an
			 analysis of the Hearing Officer's findings and the Department's regulations,
			 policy, procedures and the applicable statutes and case law. The decision to
			 either accept or overturn the Hearing Officer's decision must be issued within
			 21 business days of the Hearing Officer's submitted decision and shall be the
			 final decision of the agency. If the Commissioner or designee fails to issue
			 any written order within 21 business days from the submitted decision, then the
			 Hearing Officer's decision shall issue without such Commissioner's review and
			 shall be the final decision of the agency. The Hearing Officer shall promptly
			 forward a copy of the decision by mail to each of the parties.
(4) For the purposes of 110 CMR 10.29(3) the
			 Commissioner's designee shall not be the General Counsel.
(5) In the event a hearing officer becomes
			 unavailable before completing the written decision, the Director of Fair
			 Hearings or designee shall appoint a successor to assume the case and render a
			 fair hearing decision. If the presentation of the evidence has been completed
			 and the record is closed, the successor shall decide the case on the basis of
			 the record, including reviewing all exhibits and the recording of the hearing.
			 Otherwise, the successor may either proceed with evidence or require
			 presentation of evidence again from the beginning.