Scheduling

112 CMR 1.20 supplements 801 CMR 1.02(10)(j). (1) The individual 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 fling, except that when an individual seeks an optional administrative review, the fair hearing shall be held after completion of the administrative review within 45 days of the individual's request for scheduling the fair hearing. (2) For each appeal concerning the case management services or programs, the appeals coordinator shall assign an impartial hearing officer to conduct the fair hearing, provided that the assigned individual has been selected ona random basis from the pool of qualified persons who have been jointly identified by the Commission. In appeals involving state-funded programs, the appeals coordinator may assign a fair hearing officer. (3) The appeals coordinator shall provide written notice to all parties and the Commission's legal office of the date, time and place of the fair hearing and shall provide the name of the hearing officer who has been assigned to conduct the hearing. Information about the fair hearing procedure and the individual's right to be represented by legal counsel or lay advocate shall be included with the notice and, in appeals involving case management or programs, the individual's right to assistance from the Client Assistance Program shall also be stated. Notice shall be mailed to all parties at least seven days before a scheduled hearing, except that time requirements may be waived by agreement of all parties. Any request for postponement must be made in writing for good cause and sent to the Appeals Coordinator no later than 48 hours prior the hearing.