Right to Appeal

(1) An individual, guardian or a designated representative may file an appeal concerning ineligibility or a denial, suspension, reduction or termination of service. (2) An appeal is initiated by notifying the Director in writing and must be filed within 30 days after receipt of the decision which is the subject of the appeal. (3) The Director or designee shall conduct an informal review within 30 days of notification of the appeal. 12.09: continued (4) If the issues being appealed are not resolved by the informal review, the appealing party may petition the Director for a fair hearing, within 30 days of the conclusion of the informal review. (5) Within 60 days of the filing of the appeal, the Commission shall hold a fair hearing; (a) the procedural rules governing all hearings shall be the Informal Rules of the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.02. (b) the fair hearing shall be conducted by an impartial hearing officer designated by the Commission; (c) the individual shall have the right to be represented at the hearing by a person of the individual's choosing at the individual's own expense; (d) the appealing party and the Commission shall have the right to present any evidence relevant to the issues on appeal and have the right to call and examine witnesses. (e) The appealing party with appropriate authorization can examine all records held by the Commission pertaining to the individual including all records on which the decisions at issue were made. (f) following the hearing, the hearing officer shall prepare and submit a decision which will include the reasons for the decision including a summary of the evidence presented, findings of fact and conclusions of law. (g) the decision shall be mailed to the individual and to the individual's guardian or representative, as appropriate, and the Director within 30 days. (6) Judicial Review; any person aggrieved by a final decision can request a review in accordance with M.G.L. c. 30A. (7) Continuation of ServicesPendingAppeal; unless the parties agree otherwise, those services which are the subject of an appeal shall not be suspended, reduced or terminated until the resolution of the appeal. NON-TEXT PAGE