General Description of the Fair Hearing Process

A fair hearing is an appeal of an action proposed, taken or not taken by a Case Management Provider. The hearing is conducted by a hearing officer who is the ORI Director or designated by him or her. The hearing shall be conducted in a fair and impartial manner and determine the legal rights, duties, benefits, or privileges of applicants and participants. The hearing officer's decision is based on the facts, the law, and the other circumstances of the case as presented by the parties. The decision of the hearing officer is not subject to review by the ORI Director. The decision of the impartial hearing officer is a final agency decision within the meaning of the state Administrative Procedures Act, M.G.L. c. 30A.