Appeals Procedure

The following actions by an Administering Agency may be appealed through the hearing procedure: the level and type of benefits granted under 760 CMR 65.00, and termination of benefits under 760 CMR 65.00. No other determinations by an Administering Agency or the Department shall be subject to appeal. (1) Appeal. (a) The administering agency shall issue a Notice of Level and Type of Benefits or a Notice of Termination (including any Notice of Termination reinstated pursuant to 760 CMR 65.05(1)(p)) when taking such action as detailed in the nature of such notice. The Participant (Appellant) may make a written request for a hearing to the administering agency, which must be received by the administering agency at its mail office, by mail or other means of delivery, within seven days after a notice of action by the administering agency has been given to applicant or Participant. (b) The Department or Department's designee shall issue a Notice of Denial of STHT Benefits. The applicant (Appellant) may make a written request for a hearing to the Department Division of Hearings pursuant to 760 CMR 67.00: Eligibility for Emergency Assistance (EA). The appeal of such a Notice shall be heard by the Department Division of Hearings on accordance with 760 CMR 67.09: Notification Requirements and Fair Hearing Rights - EA. (c) To the extent not otherwise specifically provided in 760 CMR 65.00, appeals shall comply with the requirements of 801 CMR 1.02: Informal/Fair Hearing Rules. (2) Hearing Date and Notice of Hearing. The administering agency shall schedule such a hearing on a date within 15 days from the date of a request for a hearing and shall give written notice of not less than three days of the time and place to the Appellant. (3) Additional Time for Mailing. Any notice to be delivered by the United States Postal Service shall be deemed received by an applicant or Participant three days after mailing by the Department or an administering agency. (4) Procedure at Hearings. A hearing officer appointed by the administering agency shall conduct the hearing in a fair manner without undue delay. The hearing officer shall initially take appropriate steps to define the issues. Thereafter, relevant information, including testimony of witnesses and written material, shall be received regarding such issues. Both the Appellant and the representative of the administering agency shall be entitled to question each other's witnesses. Procedure at the hearing shall be informal, and formal rules of evidence shall not apply. The hearing shall be tape-recorded. The hearing officer may question witnesses and may take notice of matters of common knowledge and applicable laws, regulations and Department and administering agency rules and policies. The hearing officer may request the representative of the administering agency or the Appellant to produce additional information in a reasonable time, provided that such additional information is relevant to the issues or is necessary for a decision to be made, and further provided that the other party is provided an opportunity to respond to such additional information. (5) Written Decision; Effect of Decision. Within 14 days following the hearing or as soon thereafter as reasonably possible, the hearing officer shall provide the administering agency and the Appellant with a written decision, describing the factual situation and ordering whatever relief, if any, that shall be appropriate under the circumstances and under applicable laws, regulations, rules and/or policies. The decision shall be based on the evidence at the hearing, materials submitted after the hearing pursuant to the permission of the hearing officer, and such additional information as may have been requested by the hearing officer. The decision shall inform the Appellant about how to obtain review by the Department and the applicable deadline for requesting review by the Department. (6) Review by the Department. Within seven days of mailing or other delivery of the hearing officer's decision, the Appellant or the administering agency may request review of the decision by the Department. Upon receipt of a request for review of a hearing officer's decision, the Department shall within three days notify the Appellant and the administering agency that they may submit written documentation, including legal argument, in regard to whether the hearing officer's decision should be upheld, set aside, modified, or remanded, within seven days of the date of the notice. The filing of any responsive documentation shall be only by leave of the Department. After the expiration of the time for submission of documentation, the Department shall promptly decide whether to uphold, set aside or modify the hearing officer's decision after permitting the Appellant and the administering agency to submit documentation. The decision of the Department shall be in writing and shall explain its reasoning if the decision does not uphold the hearing officer's decision. If a written decision is not rendered within 15 days from the expiration of the time for submission of documentation, the decision of the hearing officer shall be upheld. (7) Effect of a Decision. The decision pursuant to the appeals procedure, unless appealed to court pursuant to M.G.L. c. 30A, shall be binding on the Department, the administering agency, and the Appellant with respect to the particular circumstances involved in the appeal. An initial determination by an administering agency of level and type of benefits shall take effect immediately, even if appealed, and remain in effect until the effective date of an administrative appeal pursuant to 760 CMR 65.07(7), if appealed. A determination by an administering agency of level and type of benefits pursuant to a redetermination of benefits shall take effect pursuant to 760 CMR 65.03(7)(d) if not timely appealed. Except as provided in 760 CMR 65.07(7), if a Notice of Termination or Notice of Level and Type of Benefits are not timely appealed, the decision shall take effect two days after the expiration of the appeal period. If a Notice of Termination or Notice of Level and Type of Benefits is timely appealed pursuant to 760 CMR 65.07(7), the decision shall take effect eight days after mailing or other delivery of the hearing officer's decision if review of the hearing officer's decision by the Department has not been requested, or two days after the mailing or other delivery of the Department's decision, or the expiration of the Department's time to act, whichever is later. If a Participant has been evicted by the Owner or Owner's Agent before the effective date of a termination of benefits pursuant to 760 CMR 65.07(7), aid pending appeal may be provided by the Department in such temporary accommodations as the administering agency may determine until the effective date of the termination pursuant to 760 CMR 65.07(7). An Appellant may appeal the Department's decision or failure to act to court pursuant to M.G.L. c. 30A, in which case, the court's determination on the matter shall supersede the decision on the appeal. As between the administering agency and the Department, on the one hand, and any person who was not an appellant, on the other hand, the decision on an appeal shall have no binding effect.