Late Appeals Filed Beyond 30 Days

The 30 day limitation on filing a request for a hearing shall not apply where the party establishes that: (1) A Division employee directly discouraged the party from timely requesting a hearing and such discouragement results in the party believing that a hearing is futile or that no further steps are necessary to file a request for a hearing; (2) The Commissioner's determination is received by the party beyond the 30 day extended filing period and the party promptly files a request for hearing; (3) The Commissioner's determination is not received and the partypromptly files a request for a hearing after he or she knows that a determination was issued. (4) An employer threatened, intimidated or harassed the party or a witness for the party, which resulted in the party's failure to file for a timely hearing. USE OF INTERPRETERS The purpose of 430 CMR 4.16 through 430 CMR 4.20 is to state the Division of Unemployment Assistance's policy regarding the use of interpreters at administrative hearings conducted under M.G.L. c. 151A, § 39(b).