General Provisions

(1) Standard of Proof. The standard of proof on all issues shall be a preponderance of the evidence. (2) Burden of Proof. The burden of proof shall be on the appellant except that, with respect to appeals based on the restrictiveness of supports pursuant to 115 CMR 6.31(5), the burden of proof shall be on the party advocating the more restrictive alternative. (3) Informal Rules of Adjudicatory Procedure. The procedural rules governing all hearings held pursuant to 115 CMR 6.33 shall be the Informal Rules of the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.02. (4) Implementation of ISP Pending Appeal. Unless the parties agree otherwise, those portions of the ISP which are the subject of appeal shall not be implemented until after the informal conference conducted pursuant to 115 CMR 6.33(1), unless earlier implementation is necessary to respond to a serious or immediate threat to the health or safety of the individual or others. Implementation of any portion of a support plan that is the subject of appeal shall not result in prejudice to any party. (5) Judicial Review. Any person aggrieved by a final decision of the Department in an adjudicatory proceeding under 115 CMR 6.33(2) shall be entitled to a judicial review of the decision, in accordance with M.G.L. c. 30A, § 14.