110 CMR, § 10.14 - Discovery
(1) The Appellant and/or his or her
authorized representative may examine and/or request copies of the Appellant 's
file to which they are legally entitled, subject to the confidentiality
requirements which govern the Department at
110 CMR
12.00: Records, by submitting a
written request to the area office or provider at least 30 calendar days prior
to the time the Appellant wishes to see the material.
(2) An Appellant shall be entitled to obtain
a copy of the "51A and 51B" reports if any, which form the basis of the appeal.
To request such documents, the Appellant shall make a written request to the
Director of Areas , at least 30 calendar days in advance of the scheduled
hearing date. The Area Office shall ensure that the record is available to the
Appellant within 30 days from receipt of the request or ten calendar days prior
to the hearing, whichever is earlier. In releasing copies of these reports the
name of (and any other reasonably identifying data concerning) the reporter
shall be redacted. Other information may be redacted if it is privileged
(e.g. attorney-client communication) or if the release of the
information would be contrary to the best interest of the child.
(3) Upon request, copies of papers contained
in the Appellant 's file shall be provided to the Appellant at a rate of $.10
per page. However, the Department shall waive the fee for 20 or fewer
pages.
(4) Requests for any other
form of discovery must be made in writing and may be made any time after a
request for a Fair Hearing has been filed and up to 30 calendar days before the
scheduled hearing date. Such requests should include not only the type of
discovery requested but the reasons for the necessity of such discovery. The
Hearing Officer, Director of Fair Hearings or designee shall rule upon such
requests, and shall give each party written notice of this ruling.
(5) It is the Department's specific intention
that Fair Hearings not be abused as an opportunity for criminal or civil
discovery. The Department's Fair Hearing Officers may, in his or her
discretion, limit the Fair Hearing in order to ensure that the Fair Hearing is
not so used.
Notes
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