110 CMR 10.11 - Representation

(1) An Appellant may appear on his or her own behalf and represent himself or herself, or may, if he or she chooses, be accompanied, represented, and advised by any Authorized Representative. Any child may be represented by an Authorized Representative which may include an attorney assigned to represent the child.

(2) The Authorized Representative shall, prior to the scheduled hearing date, submit an appearance to the hearing office containing his or her name, address, telephone number, signature, and the date. The appearance may be on the Request for a Fair Hearing form.

(3) The Authorized Representative may exercise all of the rights and powers of the aggrieved party.

(4) The Department or Provider may appear through a representative and be represented by a departmental attorney. In those circumstances where the Department is represented by a departmental attorney, in order to avoid the appearance of a conflict of interest, that attorney shall not consult with or seek supervision from anyone supervising the Hearing Office or any Hearing Officer assigned to hear the matter.

Notes

110 CMR 10.11