Definitions Applicable to Fair Hearings

The definitions contained in 801 CMR 1.02(2)(b) shall be applicable to 112 CMR 1.10 through 1.21, except as supplemented by the definitions set forthin112 CMR1.02 and 1.11. As used in 112 CMR 1.02 through 1.21, these definitions supplement 801 CMR 1.02(a)(b). Adjudicatory Hearing: The term Adjudicatory proceeding shall also be takento mean a fair hearing and the terms shall be used interchangeably. Agency Action. Any action taken by an employee of the Commission for the Deaf and Hard of Hearingwhicheffects the eligibility of an individual for services fromthe Commissionor the manner of delivery of services to a client of the Commission in any state programs administered by the Commission for the Deaf and Hard of Hearing, to the extent such review is permitted by state law. Case Manager or Director. Refers to the Commission employee responsible for the decision at issue in an appeal. Such terms include supervisory personnel and are used interchangeably. Client. Refers to a person who has applied for or requested or is receiving services from the Commission's Case Management and Social Service Department . Client Appeals Coordinator. Refers to the Commissionemployee who is responsible for communicating with clients about their appeal requests, docketing and scheduling fair hearings, assigning appeals to hearing officers, and notifying the administrative review office about client requests for administrative reviews. 1.11: continued Client Assistance Program. Refers to the Client Assistance Program ofthe Massachusetts Office on Disability Fair Hearing is an adjudicatory appeal of determination made by a case manager or supervisor concerning the furnishing or denial of services in the client's case. It is a de novo Adjudicatory proceeding which is conducted by an impartial hearing officer or fair hearing officer under 112 CMR 1.02 and 1.15 through 1.21 and the informal fair hearing section of the Standard Adjudicatory Rules and Procedures promulgated bythe Executive Office of Administrative and Finance (801 CMR1.02 and 1.03). The hearing officer is responsible for considering the evidence presented by the client and any representative or advocate chosen by the client and representative(s) of the Commission and making a decision based on the evidence, applicable regulations and good professional practices in the field. The hearing officer's proposed decision is subject to review at the option of the Commissioner. If the Commissioner gives notice that he intends to review the proposed decision, the client must be given the opportunity to submit additional evidence and information relevant to the decision before it becomes final. Fair Hearing Officer. Refers to an individual who is assigned to conduct a fair hearing for a client who is receiving or seeking services from the Commission's Case Management program.