Filing a Request for a Hearing

(1) An interested party shall request a hearing within ten calendar days after delivery, in hand, or mailing of the Commissioner's determination. This ten day filing period may be extended by the Commissioner, for good cause shown as set forth in 430 CMR 4.14, provided a party files his or her request for a hearing within 30 calendar days after delivery or mailing of the Commissioner's determination. (2) The Commissioner shall not find good cause if a party fails to request a hearing within 30 calendar days after delivery or mailing of the Commissioner's determination. (3) A request for a hearing shall be deemed filed on the date it is received, if delivered in hand to a Division employee designated to receive such request, or on the date postmarked, if mailed. A request is timely if it is delivered to the Division or postmarked on or before the tenth calendar day after the date of mailing or date of delivery, in hand, of the Commissioner's determination. (4) Notwithstanding 430 CMR 4.13(1) through (3), where the party is an individual whose preferred language is listed under M.G.L. c.151A, § 62A and who did not receive the Com-missioner's determination in his or her preferred language, the request for hearing shall be deemed timely if filed within 60 calendar days from the date of mailing of the determination or if filed after the 60 day period and the reason for the delay in filing is caused by the Commissioner's determination having not been in his/her preferred language.