Opportunity for Appeal and Time Requirements

(1) The Commission shall afford the opportunity for an administrative review to any individual who makes a timely appeal request concerning matters within the scope of 112 CMR 1.00. However, an individual who seeks continuation of services that are currently being provided shall be scheduled for a fair hearing and may obtain an administrative review only within the discretion of the Commission. (2) Upon filing an appeal for a fair hearing, an individual may request the appeals coordinator to initiate an administrative review without prejudice to his or her right to a de novo fair hearing, provided however, that the individual's choice of an administrative review shall be deemed to waive fair hearing time requirements, except those which follow the close of the fair hearing. (3) The time sequences, which apply to the Commission's appeal process, require that: (a) An individual who seeks an administrative review or fair hearing must file a written request within 30 days after receiving notice of the action or decision which the individual seeks to challenge; (b) In order to continue services being provided by Case Management, an individual must file a request for a fair hearing within ten days of receipt of notice of service termination, suspensionor reduction; (c) Within 20 days of the date when the administrative review decision is mailed, the individual may request that a de novo fair hearing be scheduled to consider the issues addressed by the administrative review decision; (d) The appeals coordinator shall, within 15 days of the filing of a fair hearing request, schedule a date and site convenient for the parties. The date scheduled shall be within 45 days of the filing, except that when an individual seeks an optional administrative review, the fair hearing shall be held following the completion of the administrative review. (e) The commission reserves the right to immediately terminate the services if the client threatens the safety of the commission personnel