Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.10 - Summary Decision of Appeals

Current through Register 1525, July 5, 2024
(1) In addition to
			 the provisions of
			 801 CMR
			 1.02(7), any party may make
			 a written request to Elder Affairs for a Summary Decision of an Appeal in his
			 or her favor as to all or part of a matter. Summary Decisions are available in
			 matters where no dispute exists between the parties over the material facts.
			 Such request may be made at any time following the filing of an Appeal by the
			 Applicant or Client but prior to the hearing of such Appeal.
(2) The Hearings Officer may initiate a
			 Summary Decision as to all or part of a matter, whenever in his or her opinion,
			 the record before him or her indicates that no genuine issue of material fact
			 exists in the matter and that a Summary Decision is appropriate as a matter of
			 law. Whenever the Hearings Officer initiates such an inquiry, he or she shall
			 notify Elder Affairs of such fact.
(3) The Hearings Officer shall consider a
			 recommendation by Elder Affairs in determining whether or not a case is
			 appropriate for Summary Decision.
(4) Within seven calendar days of Elder
			 Affairs' receipt of a request for a Summary Decision by a party or of a notice
			 of initiation of Summary Decision by the Hearings Officer, Elder Affairs shall
			 acknowledge to both parties and to the Hearings Officer the receipt of such
			 request or notice. Elder Affairs shall also, within seven calendar days of such
			 request or notice, request that the ASAP prepare a written statement setting
			 forth the material facts upon which the action was based and stating that no
			 dispute exists as to any material facts in the matter and that all material
			 facts are set forth in the written statement. Said written statement shall be
			 signed by the ASAP Case Manager and be forwarded to Elder Affairs and to the
			 Applicant or Client within 14 calendar days of the ASAP's receipt of notice of
			 the request for a Summary Decision. The Applicant or Client shall be given
			 seven calendar days to review the written statements and to respond to Elder
			 Affairs.
(5) If the Applicant or
			 Client agrees with the statements as set forth in the written statement, he or
			 she may sign the written statement and send it to Elder Affairs within seven
			 calendar days.
(6) If the Applicant
			 or Client disagrees in whole or in part with the written statement as prepared
			 by the ASAP, the Applicant or Client may either 1) take no action and not sign
			 the written statement, or 2) make corrections and then sign the corrected
			 written statement and send it to Elder Affairs. Upon receiving a corrected
			 written statement, Elder Affairs shall review such written statement and may,
			 in its discretion forward it to the ASAP. Within four calendar days following
			 receipt of said written statement, the ASP shall notify Elder Affairs of
			 whether or not it disputes said corrected written statement. If there is no
			 dispute, Elder Affairs shall then submit the case for Summary
			 Decision.
(7) A case, in whole or
			 in part, shall not be heard as a Summary Decision if the Applicant or Client:
(a) notifies Elder Affairs during the seven
			 calendar day period following receipt of the written statement of facts as
			 prepared by the ASAP, that he/she objects to such written statement of facts
			 and offers no corrected written statement, or
(b) remains silent during such seven calendar
			 day period, or
(c) submits to
			 ElderAffairs a corrected written statement after reviewing the statement of
			 facts, but Elder Affairs does not submit the statement to the ASAP or, when
			 submitted, the ASAP disagrees with the said written statement.