651 CMR, § 1.09 - Dismissal of Appeals

(1) Notwithstanding the provisions set forth in 801 CMR 1.02(10)(e), the Hearings Officer or Elder Affairs may dismiss an Appeal upon the second occurrence of either or the occurrence of both of the following:

(a) An Applicant's or Client's cancellation of the hearing date; or

(b) An Applicant's or Client's failure to appear at a scheduled hearing.

(2) Notice of such dismissal, including an explanation of the manner in which such dismissal may be vacated, shall be mailed to the Applicant or Client and to the ASAP within seven calendar days following said second event.

(3) Once an Appeal has been dismissed pursuant to 651 CMR 1.09 or pursuant to 801 CMR 1.02(10)(e), the ASAP's decision to Deny or Reduce Home Care Program, Services remains effective. In an Appeal of a decision to Terminate Services, the ASAP shall Terminate Services as soon as possible following receipt of the written notice of dismissal by the ASAP and the Applicant or Client.

(4) An Applicant or Client may make a written request to Elder Affairs or the Hearings Officer to vacate the dismissal within seven calendar days of receipt of the notice of dismissal. The Hearings Officer or Elder Affairs, upon the showing of good cause, may vacate such dismissal and establish a new hearing date.

(5) In an Appeal of a decision to Terminate Services, if the dismissal is vacated pursuant to 651 CMR 1.09 or pursuant to 801 CMR 1.02(10)(e), Services shall be reinstated at the level in effect prior to such dismissal if the Client had a right to such Services under 651 CMR 1.08(2), (3), or (4) pending Appeal.

Notes

651 CMR, § 1.09