Notification of the Right to Request a Hearing

(1) At the time of application, and at the time of any Case Management Provider action affecting his or her assistance, each applicant or participant shall be informed in writing of his or her right to a hearing, of the method by which a hearing may be requested, and of the right to an authorized representative. (2) Whenever an applicant or participant indicates disagreement with a Case Management Provider action, the applicant or participant shall be informed of the right to request a fair hearing. This includes a determination on a claim of exemption from participation under 121 CMR 2.725 or a denial of a claim of good cause under 121 CMR 2.730. (3) The Case Management Provider shall assist the applicant or participant in requesting a fair hearing 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.