Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 5.00 - Eligibility And Selection Criteria › Section 5.13 - Review of Denial of Eligibility, Qualification, Priority Status or Preference Status

Current through Register 1525, July 5, 2024
(1)
The
			 Private Conference between Applicant and LHA
. An applicant shall be
			 entitled to a private conference with the LHA as follows:
(a)
Notice of a Pre-conference
			 Determination
. If upon a preliminary or final determination the
			 applicant is determined ineligible or unqualified, or if the applicant is determined
			 not to be eligible for a priority category or a preference category for which
			 applicant applied, the LHA shall mail written notice of the determination to
			 applicant at applicant's last known address. The notice shall set out the reason for
			 the adverse determination and shall advise applicant of the provisions of the
			 following paragraph concerning applicant's right to request a private conference
			 with the LHA. The notice shall state that the applicant may be represented at the
			 private conference by counsel or by another person of applicant's choice at the
			 applicant's expense.
(b)
Request for a Private Conference
. Within 20 days of mailing
			 of notice of a preconference determination, the applicant may request a private
			 conference with the LHA. The request for a private conference shall be made in
			 writing and shall be delivered or mailed to the LHA within such 20-day
			 period.
(c)
Purpose of the
			 Private Conference
. The purpose of the private conference shall be to
			 enable the applicant to discuss with the LHA the reasons underlying the
			 preconference determination and to permit consideration of all pertinent information
			 on a new determination of eligibility, qualification and/or priority or preference
			 status.
(d)
Scheduling the
			 Private Conference
. Promptly after receipt of a request for a private
			 conference the LHA shall notify the applicant of a time, date and place for the
			 private conference. The date shall be within 30 days from the LHA's receipt of the
			 request. Thereafter, for good cause and with notice to applicant the LHA may
			 reschedule the private conference to a later date. Unless the applicant agrees to a
			 shorter period of time, the applicant should receive at least seven days prior
			 notice of the time and date of the private conference.
(e)
Applicant's Access to LHA
			 Records
. Prior to and at a private conference, the applicant or his or
			 her representative shall have the right to inspect the documentation on the basis of
			 which the preconference determination was made and any other documentation pertinent
			 to the applicant's eligibility, qualification or entitlement to priority or
			 preference status. The LHA shall make reasonable arrangements for photocopying any
			 such documentation as applicant may specify with sufficient advance
			 notice.
(f)
Procedure at the
			 Private Conference
. The executive director shall conduct the private
			 conference or shall designate one or more impartial persons to do so. Selection of
			 persons who made the preconference determination shall be avoided unless the
			 executive director deems there to be good reason for their selection. The conference
			 officer or officers shall conduct the private conference fairly. Procedure shall be
			 informal. At the private conference, applicant or applicant's representative may
			 offer applicant's own testimony, may question the LHA on pertinent matters, and may
			 offer other testimony, documentation, information, and argument. The LHA may also
			 offer testimony, documentation, information, and argument. The applicant and the LHA
			 may question each other's witnesses. Upon request the LHA may give the applicant
			 additional time to secure documentation or information.
(g)
Tape Recordings or Notes of the
			 Private Conference
. The LHA shall tape-record the private conference or
			 shall take accurate notes of what occurred. If the applicant makes a written request
			 at least two days before the private conference, the LHA shall tape-record the
			 private conference, unless there is a good reason why it is unable to do
			 so.