110 CMR 10.10 - Scheduling

(1) Time Requirements for Hearing. The hearing shall be scheduled to be held within 65 business days from receipt of a request for a Fair Hearing.

(2) Notification. Within 20 business days of receipt of a request for a Fair Hearing, the Hearing Office shall send notification of the scheduled hearing date to the Appellant and to the appropriate area office of the Department.

(3) Expedited Hearings. The Director of Fair Hearings or designee may, upon request, schedule a hearing in an expedited manner. Examples of appropriate reasons to expedite a hearing include: loss of licensure, employment-related issues or other good cause shown. In addition, the Department will expedite Fair Hearing requests that involve the removal of a child from a Foster/Pre-adoptive home or kinship home, the reduction or termination of services, denial of subsidy or the closure of a Department case. The Department shall use its best efforts to schedule expedited hearings within 45 business days of such request.

(4) Content of Notice of Scheduled Hearing. The notice of scheduled hearing shall inform the aggrieved party:

(a) of the date, time and location of the hearing;

(b) that the Appellant may examine and request copies of those portions of his or her file which he or she is legally entitled to, subject to any confidentiality requirements;

(c) that the Appellant may bring witnesses and an Authorized Representative;

(d) that in accordance with 110 CMR 10.13 the Department may issue subpoenas for witnesses upon request made at least 15 calendar days in advance of the scheduled hearing;

(e) that a translator or interpreter and reasonable accommodations for handicapped persons will be provided if necessary;

(f) that the Appellant may request a rescheduling of the Fair Hearing for good cause and that if such continuance is granted, the Department will schedule the hearing within the next 45 business days, unless the Appellant requests more time and such is granted.

(5) Stay of Fair Hearing for Support Decision and/or Alleged Perpetrators. If the Department receives a written request from any District Attorney's Office stating that there is an open criminal investigation pending or formal criminal charges have been instituted (i.e., indictment or complaint returned or issued), the Department shall stay its review by Fair Hearing of the related agency decisions for six months and notify the parties.

Notes

110 CMR 10.10