reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.420 - Department Rights and Responsibilities

Current through Register 1525, July 5, 2024
The Department can present its case or can request the
				assistance of a Department attorney.
The Department shall:
(A) submit all evidence on which any decision
			 at issue is based at the hearing;
(B) designate a representative to represent
			 the Department at the hearing and arrange for adequate space for the
			 hearing;
(C) resent witnesses when
			 appropriate and subpoena witnesses upon request to DOH;
(D) ensure that the case record is available
			 at the hearing and that the appellant has adequate opportunity to examine it
			 prior to and during the hearing;
(E) introduce evidence from the case record
			 and other pertinent Department documents which pertain to the issues raised
			 during the hearing;
(F) present and
			 establish all relevant facts and circumstances by oral testimony and
			 documentary evidence;
(G) have the
			 right to make pertinent arguments without undue interference;
(H) have the right to question and refute any
			 testimony and confront and cross-examine adverse witnesses; and
(I) arrange for the appearance at the hearing
			 of a representative of other programs, if appropriate.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.430 - Responsibilities of the Department Attorney

Current through Register 1525, July 5, 2024
An attorney for the Department may appear at the request of the
				Department or DOH. The appearance shall be for the purpose of representing the
				interests of the Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.440 - Rights of the Department Employee

Current through Register 1525, July 5, 2024
Any Department employee against whom allegations of coercive or
				otherwise improper conduct have been made may present his or her own case, or
				may be assisted by an authorized representative at his or her own expense, and
				shall have the right to:
(A) bring
			 witnesses or subpoena witnesses upon request to DOH;
(B) present and establish all relevant facts
			 and circumstances by oral testimony and documentary evidence;
(C) make any pertinent arguments without
			 undue interference;
(D) question or
			 refute any testimony and confront and cross-examine adverse witnesses;
			 and
(E) examine and introduce any
			 pertinent evidence, including material from the case record.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.450 - Powers and Duties of the Hearing Officer

Current through Register 1525, July 5, 2024
(A) The hearing officer shall:
(1) administer the oath or affirmation to
			 those testifying at the hearing including any interpreter/translator;
(2) help all those present in making a full
			 and free statement of the facts to bring out all the information necessary to
			 decide the issues involved and to ascertain the rights of the
			 parties;
(3) ensure an orderly
			 presentation of the evidence;
(4)
			 ensure that all parties have a full opportunity to present their claims orally
			 or in writing and to present witnesses and evidence to establish their
			 claims;
(5) receive, rule on,
			 exclude, or limit evidence;
(6)
			 introduce into the record by reference or production any regulations, statutes,
			 memoranda, or other materials he or she believes relevant to the issues at the
			 hearing;
(7) ensure a record is
			 made of the proceedings;
(8) render
			 a fair, independent and impartial decision based on the issues and evidence
			 presented at the hearing and in accordance with the law and to order Department
			 action if appropriate; and
(9)
			 inform appellants who are not fluent in English of the right to a full and
			 accurate interpretation by their own interpreter, or by a Department-provided
			 interpreter. The hearing officer shall conduct any bilingual hearing in
			 accordance with the guidelines for conducting hearings through interpretation
			 in the Department's manual for hearing officers. To ensure full understanding
			 and participation by non-English-speaking appellants, all statements, including
			 questions, answers, and comments, of all persons participating in the hearing,
			 shall be fully translated without alteration of such statements, such as by
			 changing the statement from the first person to the third person.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.500 - Evidence

Current through Register 1525, July 5, 2024
(A)
General
. The rales of evidence observed by courts
			 shall not apply to fair hearings, but the hearing officer shall observe the
			 rales of privilege recognized by law. Evidence may be admitted and given
			 probative effect only if it is the kind of evidence on which reasonable persons
			 are accustomed to rely in the conduct of serious affairs. Unduly repetitious or
			 clearly irrelevant evidence may be excluded.
The hearing officer shall not exclude evidence at the hearing
				because it had not been previously submitted to the Department, provided that
				the hearing officer may permit the Department representative reasonable time to
				respond to newly submitted evidence. 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. In hearings regarding SNAP household-caused delays within 30
				days of the end of SNAP certification periods, the date on which all
				eligibility conditions were met shall be the date on which all required
				household actions were taken.
See
106 CMR
				361.900 through
				361.960.
				Likewise, the rules of
				106 CMR
				366.120:
Department Responsibility to
				Take Timely Action
apply in determining the date on which all
				eligibility conditions were met, when a case maintenance is reported that
				affects the SNAP grant amount but is not timely verified.
(B)
Presentation at
			 Hearing
. Except as the hearing officer may otherwise order within
			 his or her discretion in accordance with
			 106 CMR
			 343.600, any 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.
(C)
Oral Testimony
. Oral testimony shall be given under
			 oath or affirmation. Witnesses shall be available for examination and
			 cross-examination.
(D)
Regulations, Statutes, Memoranda
. 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.
(E)
Stipulations
.
			 Stipulations of facts or stipulations as to the testimony that would have been
			 given by an absent witness may, if agreed upon by the parties, be used as
			 evidence at the hearing.
(F)
Additional Evidence
. 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 › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.510 - Hearing Involving Medical Issues

Current through Register 1525, July 5, 2024
When the hearing involves medical issues, the hearing officer
				may upon his or her own motion order that a medical examination and assessment
				be obtained from an impartial medical practitioner designated by the Director
				of DOH. The examination and assessment shall be made a part of the record and
				be at the expense of the Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.520 - Interim Orders

Current through Register 1525, July 5, 2024
(A) If the hearing
			 officer determines at the hearing that the sole issue is the legality of a
			 state or federal law or regulation, or change in federal or state law, he or
			 she shall issue a written interim order denying the appeal and directing the
			 Department to proceed with the planned action, if the action was delayed
			 pending the hearing. The order shall be made a part of the record. A final
			 written decision must also be rendered.
(B) The hearing officer may further order, in
			 writing, the Department to take immediate action to implement a decision
			 announced at the hearing pending issuance of the decision.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.530 - Continuance

Current through Register 1525, July 5, 2024
Once a hearing has been opened, it may be continued at the
				discretion of the hearing officer. All parties shall be notified as to the
				time, date, and place of the continued hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.540 - Consolidated Hearings

Current through Register 1525, July 5, 2024
DOH may respond to a series of individual requests for hearings
				by conducting a single group hearing. DOH may consolidate only cases where 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.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.550 - The Record

Current through Register 1525, July 5, 2024
(A) All documents
			 and other evidence offered and taken shall become part of the record. The
			 record shall further contain recordings or transcripts of the proceedings and
			 all exhibits and documents introduced at the hearing and, wherever applicable,
			 medical documents obtained to resolve medical issues. The record shall be the
			 exclusive source of the hearing officer's decision. For purposes of judicial
			 review, the record shall also include the decision.
(B) All evidence and testimony at the hearing
			 shall be recorded electronically.
(1) At the
			 discretion of the hearing officer, any party may record the hearing.
(2) Regardless of whether an appellant
			 intends to file a Complaint for Judicial Review, transcripts or recordings of
			 the proceedings shall be supplied, upon request by the appellant, at his or her
			 expense. The record shall be open for inspection by any party or his or her
			 authorized representative during the regular business hours of DOH.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.600 - 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 determines the need of further testimony,
				evidence, materials or legal support is warranted before rendering his or her
				decision, the hearing officer may reopen the record or, if appropriate, the
				hearing to consider further information. If the hearing officer decides to
				reopen the hearing, DOH must send written notice within seven days to all
				parties of the reopening including the date, time and place of the resumed
				hearing, and the reasons for reopening the hearing. The hearing shall be held
				at a location accessible to the appellant. Prior to the issuance of a hearing
				decision, any party to a hearing may request in writing that the hearing
				officer exercise his or her power to reopen the hearing, which request shall
				become part of the record.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.610 - Basis of Fair Hearing Decisions

Current through Register 1525, July 5, 2024
(A)
			 The hearing officer's decision shall be based upon evidence, testimony,
			 materials 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 otherwise waive the right to respond.
(B) The decision shall be based upon a
			 preponderance of evidence.
(C)
(1) The decision must be rendered in
			 accordance with the law. The law includes the State and Federal Constitutions,
			 statutes, and duly promulgated regulations, as well as decisions of the State
			 and Federal Courts.
(2)
			 Notwithstanding 106 CMR 343.610(C)(1) hearing officers shall not render
			 decisions which require their determination of the legality of the Department's
			 regulations. If the legality of a Department regulation is at issue, the
			 hearing officer shall render a decision that he or she cannot rule on that
			 issue and base the decision on the applicable regulation.
(3) The Department memoranda and materials
			 containing legal rules, standards, or interpretations which are not in the form
			 of duly promulgated regulations cannot be relied on as the sole basis for the
			 decision. However, where the Departmental procedures or policies are pertinent,
			 they may be entered into evidence. Time to respond in writing to those items
			 admitted into evidence may be allowed by the hearing officer upon request by
			 the appellant.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.620 - Content of Decision

Current through Register 1525, July 5, 2024
(A) The decision of
			 the hearing officer shall contain the following:
(1) Statement of the issues involved in the
			 hearing;
(2) Summary of
			 evidence;
(3) Findings of fact on
			 all relevant factual matters;
(4)
			 Rulings of law on all relevant legal issues, with citations to supporting
			 regulations or other law;
(5)
			 Conclusions drawn from the findings of fact and rulings of law if appropriate;
			 and
(6) An order of the hearing
			 officer which shall order appropriate action to be taken by the Department
			 including, if appropriate, retroactive and/or prospective relief.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.625 - Transmittal of Decision

Current through Register 1525, July 5, 2024
Copies of the decision shall be forwarded to the appellant, the
				appellant's authorized representative, interpreter (if requested) and
				appropriate Departmental offices. The appellant and his or her authorized
				representative shall also be notified in writing of the right of judicial
				review.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.630 - Finality of the Appeal Decision

Current through Register 1525, July 5, 2024
The decision of the hearing officer is final and binding on the
				Department. The Department shall not interfere with the independence of the
				decision-making process of the hearing officer. Facts found and issues decided
				by the hearing officer in each case are binding on the parties to that case and
				cannot be disputed again between them in any other administrative proceeding,
				except as provided in
				106 CMR
				343.710 or otherwise provided by
				law.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.640 - Implementation of the Appeal Decision

Current through Register 1525, July 5, 2024
(A)
Notification to Appellant
. When the decision is
			 issued, DOH shall notify the appellant of his or her right to full and prompt
			 implementation of the decision within 30 days. The notice shall direct the
			 appellant to notify the appropriate Department official in writing if there is
			 not full compliance within 30 days.
(B)
Responsibility to the
			 Department
.
(1) The Department
			 shall be responsible for 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 Department shall obstruct or
			 otherwise interfere with, review, change or attempt to influence the
			 implementation of the fair hearing decision.
(2) In a case where the hearing officer has
			 found coercive or otherwise improper conduct on the part of the Department
			 employee, the hearing officer shall refer the record, together with the
			 findings and any supporting documents, directly to the Commissioner or his or
			 her designee, who shall determine what disciplinary action, if any, is
			 appropriate and shall take such action within 30 days of the date of the
			 decision. The remainder of 106 CMR 343.640 does not apply to appeal decisions
			 where the sole finding is coercive or otherwise improper conduct on the part of
			 a Department employee.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.710 - Remand of Hearing Officer Decisions

Current through Register 1525, July 5, 2024
Following the issuance of a decision of the Division of
				Hearings, the Commissioner, upon the recommendation of the General Counsel and
				for good cause shown, may remand a case for further consideration by the
				hearing officer who rendered the original decision or by another hearing
				officer. A petition to the Commissioner for a remand must be received within 14
				calendar days following issuance of the hearing officer's
				decision.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.720 - 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. If the appellant seeks judicial review, he or
				she must file a Complaint 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. If the appellant
				petitions for remand, then the decision following the remand, or the denial of
				the request for the remand, is the Department's final action and the appellant
				has 30 days from the final action to file a Complaint for Judicial Review. The
				Department must notify the appellant and his or her authorized representative
				of his or her right to seek judicial review and of the time limits for seeking
				said review.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.730 - 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. DOH will provide access to the record of the hearing. Such
				access may be accomplished by allowing the appellant or his or her
				representative to examine all the documentary evidence and to listen to the
				recording of the hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.010 - Purpose

Current through Register 1525, July 5, 2024
The purpose of the Supplemental Nutrition Assistance Program
				(SNAP) is to raise the nutritional level among low income households whose
				limited food purchasing power contributes to hunger and malnutrition among
				these households.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.020 - Authority

Current through Register 1525, July 5, 2024
The authority for the regulations is the Food Stamp Act and its
				amendments and the resulting regulations issued by the United States Department
				of Agriculture (USDA) in 7 CFR Parts 270 through 282, to implement the
				law.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.030 - Definitions

Current through Register 1525, July 5, 2024
EBT (Electronic Benefit Transfer)
. The
				primary way the Department delivers SNAP benefits to clients.
Homeless Individual
. An individual who
				lacks a fixed and regular nighttime residence or whose primary nighttime
				residence is:
(1) A supervised shelter designed to provide temporary
				accommodations;
(2) A halfway house or similar institution that provides
				temporary residence for individuals intended to be institutionalized;
(3) A temporary accommodation in the residence of another
				individual for no more than 90 days; or
(4) A place not designed for or ordinarily used as a regular
				sleeping accommodation for people (a hallway, a bus station, a lobby or similar
				place).
Household
. Any individual or group
				whose income and/or assets must be used to calculate SNAP benefits
				levels.
Household Disaster
. An emergency
				situation declared a disaster by the President or the Federal Emergency
				Management Agency. Disasters are defined as, but are not limited to, floods,
				hurricanes, earthquakes or fires.
Household Misfortune
. A loss of food
				due to, but not limited to, loss of power, fire or flood that is not declared a
				disaster by the President or the Federal Emergency Management Agency.
Means-tested Program
. The following
				are federal or state means-tested programs (
i.e
., income is a
				factor in determining eligibility): Supplemental Nutrition Assistance Program
				(SNAP), Transitional Assistance to Families with Dependent Children (TAFDC),
				Emergency Aid to the Elderly, Disabled and Children (EAEDC), Emergency
				Assistance (EA), Supplemental Security Income (SSI), State Supplement Program
				(SSP) to SSI, Medicaid, State Child Health Insurance (SCHIP), Temporary
				Assistance for Needy Families (TANF), Food Assistance Programs in Puerto Rico,
				American Samoa and the Northern Mariana Islands (CNMI) and Veterans' Service
				benefits.
Month
. A cyclical month determined by
				the last digit of the Social Security number of the head of the household,
				unless otherwise specified.
SNAP Benefits
. Any coupon, stamp,
				certificate, voucher, authorization card, access device including an electronic
				benefit card and personal identification number, or SNAP payment in the form of
				cash or a check for the purchase of eligible food.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.100 - Uses of SNAP Benefits

Current through Register 1525, July 5, 2024
SNAP benefits are to be used by clients to buy eligible foods,
				including seeds and plants, for home consumption and use. The household may
				permit other persons to purchase food for the household. Such persons need not
				be pictured on the EBT card. Households are not required to have cooking
				facilities to receive SNAP.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.120 - Special Uses of SNAP Benefits

Current through Register 1525, July 5, 2024
Certain households have been authorized to use their SNAP
				benefits to buy prepared meals or to make it less difficult to obtain food.
				These authorized special uses of SNAP benefits are:
(A)
Communal Dining
.
(1)
Eligible Household
			 Members
. Eligible household members 60 years of age or older or
			 Supplemental Security Income (SSI) recipients and their spouses may use SNAP
			 benefits to buy meals prepared especially for them at communal dining
			 facilities authorized by the Food and Nutrition Service (FNS) for that
			 purpose.
(2)
Communal
			 Dining Facilities
. A communal dining facility is a public or
			 nonprofit private establishment, approved by FNS, that prepares and serves
			 meals for elderly persons, or for SSI recipients and their spouses. These
			 facilities include senior citizen centers, apartment buildings occupied
			 primarily by elderly persons and SSI recipients and their spouses, and
			 federally subsidized housing for the elderly at which meals are prepared for
			 and served to the residents.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.200 - Nondiscrimination

Current through Register 1525, July 5, 2024
The Department shall not discriminate against any applicant or
				participant in any aspect of program administration including, but not limited
				to, the certification of households, the issuance of SNAP benefits, the conduct
				of fair hearings or the conduct of any other program service for reasons of
				age, race, color, sex, disability, religious creed, national origin, political
				beliefs, gender identity, reprisal and, where applicable, marital status,
				familial or parental status, sexual orientation, or all or part of an
				individual's income is derived from any public assistance program in any
				program or activity conducted or funded by the U. S. Department of Agriculture
				(USDA).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.210 - Right to File a Complaint

Current through Register 1525, July 5, 2024
Individuals who believe they have been subject to
				discrimination as specified in
				106 CMR 360.200
				may file a written complaint with the Secretary of Agriculture, the
				Administrator of FNS, Washington, D.C. 20250, and/or with the Department's
				Director of Equal Opportunity. The worker shall explain both the FNS and
				Department's complaint system to each individual who expresses an interest in
				filing a discrimination complaint and shall advise the individual of the right
				to file a complaint in either or both systems.
Individuals who wish to file a Civil Rights program complaint
				of discrimination, can complete the USDA Program Discrimination Complaint Form,
				found online at
http://www.ascr.usda.gov/complaint_filing_cust.html
, or at any USDA office, or call (866) 632-9992 to request the form. He or she
				may also write a letter containing all of the information requested in the
				form. He or she must send the completed complaint form or letter by mail to
				U.S. Department of Agriculture, Director, Office of Adjudication, 1400
				Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax at (202)
				690-7442 or email at program.intake@usda.gov . Individuals who are deaf, hard
				of hearing or have speech disabilities may contact USDA through the Federal
				Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal
				opportunity provider and employer.
Individuals may also file a complaint with Massachusetts
				Commission Against Discrimination, One Ashburton Place, Sixth Floor, Room 601,
				Boston, MA 02108; Phone: (617) 994-6000; TTY: (617) 994-6196.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.220 - Complaint Requirements

Current through Register 1525, July 5, 2024
(A) Complaints
			 shall contain the following information to facilitate investigations:
(1) name, address and telephone number or
			 other means of contacting the person alleging discrimination;
(2) location and name of the organization or
			 office accused of discriminatory practices;
(3) the nature of the incident or action or
			 the aspect of program administration that led the person to allege
			 discrimination;
(4) the reason for
			 the alleged discrimination (
e.g
., age, race, color, sex,
			 disability, religious creed, national origin or political belief);
(5) names, titles and addresses of persons
			 who may have knowledge of the alleged discriminatory acts; and
(6) the date or dates on which the alleged
			 discriminatory actions occurred.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.230 - Public Notification

Current through Register 1525, July 5, 2024
The Department shall:
(A) publicize the procedures described in
			 106 CMR
			 360.210 and, if applicable, the Department's
			 complaint procedures;
(B) ensure
			 that all offices involved in both administering the program and serving the
			 public shall display the nondiscrimination poster provided by FNS;
			 and
(C) ensure that participants
			 and other low-income households have access within ten days of the date of a
			 request for information about the nondiscrimination statutes and policies,
			 complaint procedures and the rights of clients.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.240 - Racial - Ethnic Data Collection

Current through Register 1525, July 5, 2024
The Department shall obtain racial and ethnic data on
				households in the manner specified by FNS. Applicants shall be asked to
				identify voluntarily their race or ethnicity on the application form. When the
				information is not voluntarily provided on the application form, alternative
				methods of gathering the data, such as observation during the interview, will
				be employed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.250 - Department Obligations under Title II of the Americans With Disabilities Act (ADA) (42 U.S.C. 12131, et seq ., 28 CFR 35.101, et seq .)

Current through Register 1525, July 5, 2024
(A)
Definitions
.
(1)
Disability
under the ADA is defined as:
(a) a physical or mental impairment which
			 substantially limits one or more major life activities of an
			 individual;
(b) a record of having
			 such impairment; or
(c) being
			 regarded as having such impairment.
Disability, does not include psychoactive substance abuse
				disorder resulting from current illegal use of drugs.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.300 - Contents of the Case Record

Current through Register 1525, July 5, 2024
The case record serves as documentation to support SNAP
				eligibility, ineligibility, and benefit level determinations. The case record
				shall include, but not be limited to, copies of applications for certification
				and recertification, Department notices sent to clients and any related
				responses, verifications received, case narratives and actions related to the
				fair hearing process.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.400 - Disclosure of Confidential Information

Current through Register 1525, July 5, 2024
The use or disclosure of information received from applicant
				households shall be restricted.
(A)
Disclosure of Information to Clients
. If there is a
			 written request by a responsible member of the household, its currently
			 authorized representative, or a person acting on its behalf, to review
			 materials in its case file, the material and information in the case file shall
			 be made available for inspection in the presence of a Department employee
			 during normal business hours. However, the Department may withhold confidential
			 information, such as the names of individuals who have disclosed information
			 about the household without the household's knowledge or the nature or status
			 of pending criminal prosecutions.
(B) Disclosure of Information to Law
			 Enforcement Officials. The Department shall make available, upon request, to
			 any federal, state or local law enforcement officer the address, Social
			 Security number and photograph of a SNAP household member if the officer
			 furnishes the member's name and notifies the Department that the member is
			 either:
(1) fleeing prosecution, custody or
			 confinement for a felony, is violating a condition of parole or probation
			 imposed under federal or state law; or
(2) has information necessary for the officer
			 to conduct an official duty related to a felony or parole violation. The
			 request must be made in the proper exercise of an official duty and locating or
			 apprehending the member is an official duty.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.500 - Availability of SNAP Information

Current through Register 1525, July 5, 2024
The Central Office of the Department and the national and
				regional offices of the Food and Nutrition Service (FNS) of USDA shall make
				available upon request for examination by members of the public during office
				hours, the following documents: FNS regulations, notices and policy memos; and
				the State Plans of Operation, SNAP Policy Manual and SNAP procedural
				memos.
Each local office shall make available upon request for
				examination by members of the public during regular office hours, the SNAP
				Policy Manual and SNAP procedural memos.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.510 - Right to Interpreter Services

Current through Register 1525, July 5, 2024
An applicant or client has the right to interpreter services
				when English is not his or her primary language or when he or she uses American
				Sign Language (ASL). The Department shall:
(A) inform applicants and clients of this
			 right; and
(B) provide interpreter
			 services when needed, unless the applicant or client prefers to bring his or
			 her own interpreter.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.600 - Quality Control

Current through Register 1525, July 5, 2024
The Department maintains a quality control system to monitor
				the administration of the Supplemental Nutrition Assistance Program and ensure
				that determinations of eligibility and benefit level are made in accordance
				with policy. The Department must take corrective action to reduce the incidence
				of errors which are found and documented by Quality Control. Any household that
				refuses to cooperate (as defined in
				106 CMR
				361.400:
Household Refusal to
				Cooperate
) in furnishing information for Quality Control purposes
				shall be determined ineligible for SNAP. Once denied or terminated, the
				household shall remain ineligible until it does cooperate and all other
				eligiblity requirements are met.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.800 - Funding

Current through Register 1525, July 5, 2024
Provision of benefits in SNAP is subject to the availability of
				sufficient appropriations by the United States Congress. In the event that the
				United States Department of Agriculture (USDA) reduces, suspends, or cancels
				program benefits, the Department shall administer SNAP in conformity with USDA
				regulations concerning said reduction, suspension, or cancellation,
				notwithstanding any Department regulations to the contrary.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 360.000 - Supplemental Nutrition Assistance Program (SNAP): general provisions › Section 360.950 - Voter Registration

Current through Register 1525, July 5, 2024
Voter registration application forms shall be made available at
				all local offices to applicants and recipients who are U.S. citizens, and 18
				years of age or older or who will be 18 years of age on or before the next
				election.
(A) Applicants and
			 recipients shall be:
(1) informed of the
			 availability of voter registration forms at application, redetermination, and
			 when there is a change of address;
(2) assisted in completing the voter
			 registration application form unless assistance is refused; and
(3) able to submit voter registration
			 application forms to the local offices for transmittal to the proper state
			 election offices.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.050 - Introduction

Current through Register 1525, July 5, 2024
The application process begins with a household's request for
				an application and ends with the Department's decision on eligibility. The
				process requires actions such as:
(A)
			 Making applications available;
(B)
			 Assisting a household to complete its application;
(C) Interviewing a member of the household or
			 an authorized representative;
(D)
			 Performing necessary collateral contacts and verifications; and
(E) Preparing necessary documents to
			 authorize the issuance of SNAP benefits for eligible households.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.080 - Prompt Action

Current through Register 1525, July 5, 2024
Eligible households must be given an opportunity to participate
				in the Supplemental Nutrition Assistance Program (SNAP) no later than 30
				calendar days following their date of application. An opportunity to
				participate consists of the Department's issuing SNAP benefits through the EBT
				system before the 30-day processing standard expires. Expedited service shall
				be provided to households in accordance with
				106 CMR
				365.800:
Expedited Service
.
				Benefits must be provided retroactively to the date of application for
				households that complete the application process within the required time frame
				and are eligible to receive benefits in the month of
				application.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.100 - Filing an Application

Current through Register 1525, July 5, 2024
Households who want to participate in SNAP must submit an
				identifiable SNAP application. An identifiable SNAP application contains the
				applicant's name and address and is signed by a responsible member of the
				household or the household's authorized representative. The application may be
				submitted in person by the applicant or an authorized representative or by
				mail, fax or the online application.
The application form used by the Department must contain or be
				accompanied by the following information:
(A) A statement that the information provided
			 by the applicant on the application will be subject to verification by federal,
			 state, and local officials to determine whether such information is factual and
			 that if any material part of that information is incorrect, SNAP benefits may
			 be denied and the applicant may be subject to criminal prosecution for
			 knowingly providing incorrect information;
(B) A description of the civil and criminal
			 provisions and penalties for violations of the Food Stamp Act and its
			 amendments; and
(C) A statement to
			 be signed by one adult household member that certifies, under penalty of
			 perjury, the truth of the information contained in the application, including
			 the information concerning citizenship and noncitizen status of all household
			 members.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.110 - Where to File

Current through Register 1525, July 5, 2024
The application must be filed with the Department and may be
				submitted in person by the applicant, or by an authorized representative, or by
				mail, fax or the online application.
Households consisting only of SSI applicants or recipients may
				file a SNAP application at an SSA office in accordance with
				106 CMR
				361.190.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.120 - Date of Application

Current through Register 1525, July 5, 2024
For households consisting only of SSI applicants or recipients
				that apply for SNAP benefits at an SSA office, the household's date of
				application is the date the signed SNAP application is received by the SSA
				office. The SSA office shall date stamp each application on the date it is
				received to document the household's date of application.
For all other households, the household's date of application
				is the date an identifiable SNAP application is received by the Department
				through the online application, the DTA Document Processing Center or at a
				Department local office, except that when an application is not received by
				5:00 P.M. on a business day or is received on a weekend or holiday, the
				application date will be the next business day. The Department shall date stamp
				each application on the date it is received to document the household's date of
				application.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.130 - Household Right to Same Day Filing

Current through Register 1525, July 5, 2024
Households shall be advised of their right to same day filing
				of the application. Each office shall post signs that explain the application
				processing standards and the household's right to same day filing. In addition,
				the household shall be informed that it does not have to be interviewed before
				filing its application and that it may file an incomplete application as long
				as the form contains the applicant's name and address and is signed by a
				responsible member of the household or the household's authorized
				representative.
Department staff shall encourage households to file an
				application the same day the household or its representative contacts the
				Department in person or by telephone and expresses an interest in obtaining
				SNAP benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.140 - Mailing Applications to Households

Current through Register 1525, July 5, 2024
If the household has contacts the Department by telephone but
				does not wish to come to a local office to file an application that same day
				and instead prefers receiving an application through the mail rather than
				applying online, the Department shall mail the application form to the
				household on the same day as the telephone request. If a household makes a
				written request for SNAP assistance, the Department shall mail the application
				form to the household on the same day as the written request for SNAP
				assistance is received.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.150 - Withdrawal of Application

Current through Register 1525, July 5, 2024
The household may voluntarily withdraw its application at any
				time before the determination of eligibility. The worker shall document in the
				case file the reason for withdrawal, if given, and that contact was made with
				the household to confirm the withdrawal. The household shall be advised of its
				right to reapply at any time.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.160 - Handling Applications for Public Assistance (PA) Households

Current through Register 1525, July 5, 2024
To facilitate their participation in SNAP, households in which
				all members are applying for cash assistance shall be allowed to apply
				simultaneously for SNAP benefits. However, the household's SNAP eligibility and
				benefit level shall be based solely on SNAP eligibility criteria. The household
				shall be certified in accordance with the SNAP notice and processing standards
				even when these standards are different than those of the cash assistance
				program.
See
106 CMR 365.100 through
				365.180
				for special procedures for taking and processing SNAP applications for these
				households.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process › Section 361.170 - Handling Applications for Non-public Assistance (NPA) Households

Current through Register 1525, July 5, 2024
NPA households are defined as follows:
(A) households in which no member is a
			 recipient of cash assistance; and
(B) households in which some members, but not
			 all, are applicants for or recipients of cash assistance.