106 CMR 343.300
Notification of Hearing
(A) The time, date, and place of the hearing shall be arranged so that the hearing is accessible
to the appellant. At least ten days' advance written notice shall be sent to all parties involved to
permit adequate preparation of the case. However, the appellant or his or her representative may
ask for less advance notice to expedite the scheduling of the hearing.
(B) The notice shall contain the following:
(1) Date, Time and Site of Hearing.
(2) Contact Person in the Division of Hearings. The name, address, and phone number of
the person to notify in DOH in the event it is not possible for the appellant to attend the
scheduled hearing.
(3) Fair Hearing Procedures. An explanation of the Department's hearing procedures and
other relevant information to provide the appellant with an understanding of the proceedings
and assist the appellant in presenting an effective case, including the right to counsel or
authorized representation at the appellant's expense.
(4) The Right to Examine the Case File. A statement that the appellant or representative
may examine the case file prior to the hearing.
(5) Notice that the Appeal will be Dismissed for a Failure to Appear. A statement notifying
the appellant that the Department will dismiss the hearing request if the appellant or his
representative fails to appear for the hearing without good cause.