Basis of Fair Hearing Decisions

(A) The hearing officer's decision shall be based upon evidence, testimony, materials and legal rules presented at the hearing. Any evidence, testimony, materials, legal rules or arguments presented after the close of the hearing will be excluded unless the hearing is reopened, the parties stipulate procedures for response, or otherwise waive the right to respond. (B) The decision shall be based upon a preponderance of evidence. (C)(1) The decision must be rendered in accordance with the law. The law includes the State and Federal Constitutions, statutes, and duly promulgated regulations, as well as decisions of the State and Federal Courts. (2) Notwithstanding 106 CMR 343.610(C)(1) hearing officers shall not render decisions which require their determination of the legality of the Department's regulations. If the legality of a Department regulation is at issue, the hearing officer shall render a decision that he or she cannot rule on that issue and base the decision on the applicable regulation. 343.610: continued (3) The Department memoranda and materials containing legal rules, standards, or interpretations which are not in the form of duly promulgated regulations cannot be relied on as the sole basis for the decision. However, where the Departmental procedures or policies are pertinent, they may be entered into evidence. Time to respond in writing to those items admitted into evidence may be allowed by the hearing officer upon request by the appellant. (D) When the subject of an appeal is an adverse action regarding a request for a family cap waiver pursuant to 106 CMR 703.140: Concluding the Application Process, a domestic violence waiver pursuant to 106 CMR 703.110: The Application Process or an extension of benefits beyond the 24-month period pursuant to 106 CMR 703.130: Responsibility for Eligibility Determination, the hearing officer shall not substitute his or her judgment for that of the Commissioner. Such actions may only be overturned by a hearing officer if it is found that the Commissioner (or designee) abused his or her discretion when making the determination on the waiver or extension request.