Rights to Appeal

(1) Request for Administrative Reconsideration. (a) Within seven days of receipt of a deficiency correction order or notice of a sanction, the licensee may file with the GeneralCounselawritten request for administrative reconsideration. The request shallbe limited to direct and specific reasons why the notice of sanction or any item inthe deficiency correction order or any portion thereof should be rescinded or modified, and the approximate time(s) requested by the licensee to take corrective measures if any. (b) Within 15 business days after receipt of a request for reconsideration, the General Counsel shall grant, deny, or otherwise act on such request. (c) Filing a request for administrative reconsideration shall not alter the time required for compliance with the notice of sanction or deficiency correction order. (2) Request for a Formal Hearing. (a) An applicant whose application for a license or approval the Office intends to deny, or a licensee whose approval or license the Office intends to make probationary, revoke, suspend, or refuse to renew, or whom the Office intends to fine, may request a hearing held pursuant to the Standard Adjudicatory Rules of Practice and Procedure 801 CMR 1.01 et seq. by filing a Notice of Claim for a hearing and an answer within 21 days of receipt of the Office's notice. (b) The hearing officer shall enter a recommended decision. A final agency decision shall be issued by the Commissioner or his/her designee. Hearings shall be in accordance with the provisions of 801 CMR 1.01 et seq. Failure to request a hearingand file timely answers may be deemed a waiver of such right and a final agency decision may enter without further notice. (3) Evidence at Hearings. (a) A 51A or 51B report shall be admissible as evidence if it indicates that a child was abused or neglected: 1. by a licensee; 2. by a family day care provider, approved assistant, household member, or person regularly on the premises of the family day care home; or 3. by any staff member of a licensed facility or program; or 4. by any person regularly on the premises of a licensed facility or program; or 5. while in the care of a licensed facility or program. (b) At any hearing involving abuse or neglect at a licensed facility or program, no child shall be required to testify. If necessary, caseworkers, parents or other adults who have talked to the child allegedly abused or neglected may testify in place of the child, and videotaped interviews with the child may be introduced. Such testimony shall be admissible at the hearing and a case based solely on such evidence shall not be subject to dismissal on the grounds that it relies in whole or in part on hearsay.