Notification of the Right to Request a Hearing

(1) At the time of application and of any Case Management Provider action affecting an applicant’s or participant’s assistance, the agency shall inform the applicant or participant in writing of his or her right to a hearing, of the method for requesting a hearing, and of the right to an authorized representative. 1.400: continued (2) Whenever an applicant or participant disagrees with a Case Management Provider action, the agency shall inform him or her of the right to request a fair hearing. Agency actions include a determination on a claim of exemption from participation under 121 CMR 2.725: Exemptions from Participation or a denial of good cause under 121 CMR 2.730: Good Cause for Failure to Cooperate, Failure to Participate, or Terminating or Refusing Employment or Employment Services. (3) The Case Management Provider shall assist the applicant or participant by providing an appeal form and, if requested, by helping with the completion of the form. The Case Management Provider must assure the unrestricted freedom to request a fair hearing. (4) If there is an individual or organization that provides free legal representation, the Case Management Provider shall inform the applicant or participant requesting a hearing of the possible availability of that service.