106 CMR, § 343.350 - Adjustment Procedures
(A)
Local Office Procedures. The worker is primarily
responsible for responding to complaints from applicants or clients and
facilitating a resolution, if possible. If a complaint cannot be resolved, the
Department shall remind the applicant or client of the right to request a fair
hearing.
(B)
Prehearing
Adjustment.
(1) The Department
may make an adjustment in the matters at issue prior to a hearing. If the
adjustment resolves the issue and the appellant wishes to withdraw his or her
appeal, the Department shall send the appellant's written withdrawal to DOH.
DOH shall not delay a fair hearing because a possible adjustment is under
consideration unless the appellant requests such a delay.
(2) If the appellant and the Department
resolve the issues appealed at the hearing, they may agree to proposed language
for the hearing officer's decision. The hearing officer may accept such
proposals.
(3) Any adjustment
arising from allegations of coercive or otherwise improper conduct must be
agreed to by the Department, the appellant, and the Department
employee.
Notes
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