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 1.11 - Definitions Applicable to Fair Hearings

Current through Register 1525, July 5, 2024
The definitions contained in
				801 CMR 1.02(2)(b)
				 shall be applicable to
				112
				CMR 1.10 through
				1.21, except as
				supplemented by the definitions set for thin
				112 CMR 1.02 and
				1.11. As used in
				112 CMR 1.02 through
				1.21, these definitions
				supplement
				801 CMR
				1.02(a)(b).
Adjudicatory Hearing
: The term
				Adjudicatory proceeding shall also be taken to mean a fair hearing and the
				terms shall be used interchangeably.
Agency Action
. Any action taken by an
				employee of the Commission for the Deaf and Hard of Hearing which effects the
				eligibility of an individual for services from the Commission or the manner of
				delivery of services to a client of the Commission in any state programs
				administered by the Commission for the Deaf and Hard of Hearing, to the extent
				such review is permitted by state law.
Case Manager or Director
. Refers to
				the Commission employee responsible for the decision at issue in an appeal.
				Such terms include supervisory personnel and are used interchangeably.
Client
. Refers to a person who has
				applied for or requested or is receiving services from the Commission's Case
				Management and Social Service Department .
Client Appeals Coordinator
. Refers to
				the Commission employee who is responsible for communicating with clients about
				their appeal requests, docketing and scheduling fair hearings, assigning
				appeals to hearing officers, and notifying the administrative review office
				about client requests for administrative reviews.
Client Assistance Program
. Refers to
				the Client Assistance Program of the Massachusetts Office on Disability
Fair Hearing
is an adjudicatory appeal
				of determination made by a case manager or supervisor concerning the furnishing
				or denial of services in the client's case. It is a
denovo
Adjudicatory proceeding which is conducted by an impartial hearing officer or
				fair hearing officer under
				112 CMR 1.02 and
				1.15
				through
				1.21 and the informal
				fair hearing section of the Standard Adjudicatory Rules and Procedures
				promulgated by the Executive Office of Administrative and Finance (
				801 CMR
				1.02 and
				1.03
				). The hearing officer is responsible for considering the evidence presented by
				the client and any representative or advocate chosen by the client and
				representative(s) of the Commission and making a decision based on the
				evidence, applicable regulations and good professional practices in the field.
				The hearing officer's proposed decision is subject to review at the option of
				the Commissioner. If the Commissioner gives notice that he intends to review
				the proposed decision, the client must be given the opportunity to submit
				additional evidence and information relevant to the decision before it becomes
				final.
Fair Hearing Officer
. Refers to an
				individual who is assigned to conduct a fair hearing for a client who is
				receiving or seeking services from the Commission's Case Management
				program.