651 CMR, § 1.10 - Summary Decision of Appeals

(1) In addition to the provisions of 801 CMR 1.02(7), any party may make a written request to Elder Affairs for a Summary Decision of an Appeal in his or her favor as to all or part of a matter. Summary Decisions are available in matters where no dispute exists between the parties over the material facts. Such request may be made at any time following the filing of an Appeal by the Applicant or Client but prior to the hearing of such Appeal.

(2) The Hearings Officer may initiate a Summary Decision as to all or part of a matter, whenever in his or her opinion, the record before him or her indicates that no genuine issue of material fact exists in the matter and that a Summary Decision is appropriate as a matter of law. Whenever the Hearings Officer initiates such an inquiry, he or she shall notify Elder Affairs of such fact.

(3) The Hearings Officer shall consider a recommendation by Elder Affairs in determining whether or not a case is appropriate for Summary Decision.

(4) Within seven calendar days of Elder Affairs' receipt of a request for a Summary Decision by a party or of a notice of initiation of Summary Decision by the Hearings Officer, Elder Affairs shall acknowledge to both parties and to the Hearings Officer the receipt of such request or notice. Elder Affairs shall also, within seven calendar days of such request or notice, request that the ASAP prepare a written statement setting forth the material facts upon which the action was based and stating that no dispute exists as to any material facts in the matter and that all material facts are set forth in the written statement. Said written statement shall be signed by the ASAP Case Manager and be forwarded to Elder Affairs and to the Applicant or Client within 14 calendar days of the ASAP's receipt of notice of the request for a Summary Decision. The Applicant or Client shall be given seven calendar days to review the written statements and to respond to Elder Affairs.

(5) If the Applicant or Client agrees with the statements as set forth in the written statement, he or she may sign the written statement and send it to Elder Affairs within seven calendar days.

(6) If the Applicant or Client disagrees in whole or in part with the written statement as prepared by the ASAP, the Applicant or Client may either 1) take no action and not sign the written statement, or 2) make corrections and then sign the corrected written statement and send it to Elder Affairs. Upon receiving a corrected written statement, Elder Affairs shall review such written statement and may, in its discretion forward it to the ASAP. Within four calendar days following receipt of said written statement, the ASP shall notify Elder Affairs of whether or not it disputes said corrected written statement. If there is no dispute, Elder Affairs shall then submit the case for Summary Decision.

(7) A case, in whole or in part, shall not be heard as a Summary Decision if the Applicant or Client:

(a) notifies Elder Affairs during the seven calendar day period following receipt of the written statement of facts as prepared by the ASAP, that he/she objects to such written statement of facts and offers no corrected written statement, or

(b) remains silent during such seven calendar day period, or

(c) submits to ElderAffairs a corrected written statement after reviewing the statement of facts, but Elder Affairs does not submit the statement to the ASAP or, when submitted, the ASAP disagrees with the said written statement.

(8) A Summary Decision shall be issued as to all or part of a matter only if the Applicant or Client and the ASAP agree to said statement of facts as appears on the original or corrected written statement.

(9) The Hearings Officer may grant or deny a written request for a Summary Decision in whole or in part. He or she may issue a Summary Decision without a hearing as to all or part of the matter.

(10) Such Summary Decision shall be based on a finding that no genuine issue of material facts exists and that a Summary Decision is appropriate as a matter of law.

Notes

651 CMR, § 1.10