Review and Appeal

(1) All recommendations to deny a license, deny the renewal of a license or revoke a license are subject to a joint review by the deputy commissioner, the assistant commissioners for quality management and operations, and the general counsel prior to being presented for a decision by the commissioner. (2) All decisions to deny a license, deny the renewal of a license or revoke a license shall be issued in writing by the commissioner and include the effective date. The decision shall be accompanied by a report that describes the specific areas in which the provider has failed to comply with the licensure requirements of the Department. The provider shall be notified of the right to an adjudicatory hearing to appeal the decision. (3) A decision to deny a license, deny renewal of a license or revoke a license shall result in the non-issuance or termination of the provider's license to operate the surveyed services and supports. (4) Within ten days of receipt of the decision to deny a license, deny renewal of a license or to revoke a license, the provider may appeal the decision by filing a written request for a hearing with the commissioner. The appeal shall identify the appellant, clearly and concisely state the facts and regulations that the provider is relying as grounds for the appeal, and be signed by an authorized representative of the provider. An appeal shall be considered waived if an appeal is not filed within ten days and a final agency decision may enter without further notice. (5) The Department shall file a request for a hearing before the Division of Administrative Law Appeals within 30 days from receipt of the appeal. The hearings shall be held in accordance with the applicable provisions of M.G.L. c. 30A. (6) The filing of an appeal shall not operate as a stay of the decision; however, the commissioner may stay the decision upon written request from the provider if a stay would not jeopardize the health, safety or welfare of the individuals served by the provider.