General Description of the Fair Hearing Process

The fair hearing process is an adjudicatory proceeding which allows dissatisfied applicants and clients and certain spouses, as well as certain sponsors of aliens, upon written request, to obtain a determination of the appropriateness of certain actions or inactions on the part of the Department, or of alleged coercive or otherwise improper conduct by a Department employee. The process is designed to secure and protect the interests of both the appellant and appropriate Department personnel and to ensure fair and equitable treatment for all involved. A hearing is conducted by an impartial hearing officer of DOH. The decision of the hearing officer is based only on evidence and testimony presented at the hearing. The hearing officer examines the facts, the law, and the other circumstances of the case presented by the parties to determine the legality and appropriateness of the disputed Department actions or decision of the Department. The hearing decision is binding upon the Department and is not subject to any review within the Department except in the case of a remand of the decision for a new hearing pursuant to 106 CMR 343.710.