Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
The definitions in 107 CMR 1.02 apply to terms used throughout
				107 CMR
				1.00. As used in
				107
				CMR 1.10 through
				1.17 these definitions
				supplement 801 CMR 1.02(2)(b).
Adjudicatory Proceeding
shall also be
				taken to mean a fair hearing and the terms shall be used interchangeably. 801
				CMR 1.02 of Standard Adjudicatory Rules of Practice and Procedure shall have
				applicability for proceedings held by the Commission.
Appeals Coordinator
is the Commission
				employee who is responsible for scheduling informal administrative reviews,
				fair hearings, and referring requests for mediation to the Massachusetts Office
				of Dispute Resolution as well as communicating with individuals, advocates,
				family members and Commission staff about appeal and mediation requests.
Authorized Representative
is an
				individual's parent, guardian or any person whom the individual designates to
				represent or speak for him or her throughout the appeal process.
Client Assistance Program
is a
				program operated by an independent state agency, the Massachusetts Office on
				Disability, to assist applicants and eligible individuals in advocacy and
				representation in disputes with the Commission.
Impartial Hearing Officer
is an
				individual who:
(a) is not an employee of a public agency (other than an
				administrative law judge, hearing examiner, or employee of an institution of
				higher education) and;
(b) is not a member of the State Rehabilitation Council;
(c) has not been involved previously in the vocational
				rehabilitation of the applicant or eligible individual;
(d) has knowledge of the delivery of vocational rehabilitation
				services, the State plan, and the Federal and Massachusetts State laws and
				regulations governing the provision of services;
(e) has received training with respect to the performance of
				official duties; and
(f) has no personal, professional, or financial interest that
				would be in conflict with the objectivity of the individual. An individual is
				not considered to be an employee of a public agency for the purposes of 107 CMR
				1.02:
Impartial Hearing Officer
solely because the
				individual is paid by the agency to serve as a hearing officer.
Informal Administrative Review
is an
				optional first step informal non-adversarial process that the Commission offers
				to individuals to resolve differences promptly. It includes, but is not limited
				to, interviews, fact gathering, negotiations, and document review.
Informal Administrative Review
				Officer
is a Commission employee who is assigned to conduct an
				informal administrative review, does not work in the unit where the individual
				is being served and who was not involved in the disputed service
				decision.
Mediation
means 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.
Qualified and Impartial Mediator
is
				an individual who:
(a) is not an employee of a public agency (other than an
				administrative law judge, hearing examiner, employee of a State office of
				mediators, or employee of an institution of higher education) and;
(b) is not a member of the State Rehabilitation Council
(c) has not been involved previously in the vocational
				rehabilitation of the applicant or eligible individual;
(d) is knowledgeable of the vocational rehabilitation program
				and the applicable Federal and Massachusetts State laws, regulations, and
				policies governing the provision of vocational rehabilitation 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 be in conflict with the objectivity of the individual during the
				mediation proceedings.
An individual serving as a mediator is not considered to be an
				employee of the designated State agency or designated State unit for the
				purposes of 107 CMR 1.02:
Qualified and Impartial
Mediator
solely because the individual is paid by the
				designated State agency or designated State unit to serve as a
				mediator.