Post Decision Process

In place of 801 CMR 1.02(10)(o), the following procedure for appeals is established. If the decision of the hearings officer is adverse to an applicant or client, a copy of the written decision shall be transmitted to the party, together with a notice informing the party of a right to appeal to the Division of Administrative Law Appeals any issues of law which he or she contends have been erroneously decided or that the decision was not supported by substantial evidence as shown in the record. The appeal shall be limited to a review of the contested issues of law or the substantiality of the evidence in the record, and there will not be a de novo hearing. Such Appeal must be made in writing and mailed to the Division of Administrative Law Appeals, with a copy to Elder Affairs, within 15 calendar days of receipt of the notice. The Hearings Officer's decision shall remain effective unless and until it is overturned by a decision of the Division of Administrative Law Appeals.