651 CMR 9.05
Local Administrative Review
The Area Agency on Aging must conduct an Administrative Review promptly after receipt of a
notice of appeal from an Appellant. This review must provide the Appellant anopportunityto state in
writing or in person to the Area Agency the reason or reasons why an appeal was filed with the
Department and the factual circumstances or issues which the hearing should consider.
The purpose of the Local Administrative Review is to provide all parties an opportunity to resolve
disputes at the locallevelprior to a hearing at the Department. A good faith effort should be made to
review the facts and issues and to achieve an amicable settlement.
EachArea AgencyonAging shall develop a fair and adequate administrative review procedure and
notify the Department of the adopted procedures or any changes that may from time to time thereafter
be made. The review procedures may be a formalor informalhearing, an arbitration or mediation, or
a combination of elements of several such methods. When disputes between the Area Agency and the
Appellant are resolved through Local Administrative Review, both the Area Agency and the Appellant
must notify the Hearing Officer promptly and in writing by delivery or registered or certified mail so that
the appeal may be removed from the list of scheduled hearings.
9.05: continued
If the dispute is not resolved, the Department will conduct a de novo hearing: but the Hearing
Officer may examine documents and papers considered at the Local Administrative Review, if this is
believed to be useful to the hearing on appeal.
The Local Administrative Review should be completed promptly, and within20daysafter the Area
Agency receives notice of the appeal.