Good Cause for a Late Appeal

The Commissioner may extend the ten day filing period where a party establishes to the satisfaction of the Commissioner or authorized representative that circumstances beyond his or her control prevented the filing of a request for a hearing within the prescribed ten day filing period. Examples of good cause for a failure to file a timely request for a hearing include, but are not limited to, the following: (1) A delay by the United States Postal Service in delivering the Commissioner's determination; (2) Death of a household member or an immediate family member (including a spouse, child, parent, brother, sister, grandparent, stepchild or parent of a spouse); (3) A documented serious illness or hospitalization of a party household member an immediate family member during the entire ten day filing period or a portion of the appeal period if the party's ability to timely appeal is thereby affected; (4) An emergency family crisis which requires a party's immediate attention during the entire ten day filing period or a portion of the appeal period if the party's ability to timely appeal is thereby affected; (5) An inability to effectively communicate or comprehend English and the party is unable to find a suitable translator to explain the notice of determination within the ten day filing period; (6) The Commissioner's determination is not received and the party promptly files a request for a hearing after he or she knows or should have known that a determination was issued; (7) A continuing absence from the Commonwealth, while seeking employment, during all or most of the ten day filing period; (8) Intimidation, coercion or harassment by an employer resulting in a party failing to timely request a hearing; (9) A Division employee directly discourages a party from timely requesting a hearing and such discouragement results in a party believing that a hearing is futile or that no further steps are necessary to file a request for a hearing. (10) An inability because of illiteracy or a psychological disability to understand that a request for a hearing must be filed within the ten day filing period; (11) The individual’s need to address the physical, psychological and legal effects of domestic violence as defined in M.G.L. c. 151A, § 1(g½); (12) Any other circumstances beyond a party's control which prevented the filing of a timely appeal.