Section 1.16 - Scheduling107 CMR 1.16 supplements 801 CMR 1.02.
(1) The appeals coordinator shall, within ten days of the filing of a fair hearing request, schedule a date and site convenient for the parties. The date scheduled shall be within 60 days of the filing, except that when an individual seeks an optional informal administrative review and/or mediation, the fair hearing shall be held after completion of the informal administrative review or mediation within 60 days of the individual's request for scheduling the fair hearing.(2) For each appeal concerning the vocational rehabilitation program, the appeal coordinator shall assign an impartial hearing officer to conduct the fair hearing, provided that the assigned hearing officer has been selected on a random basis from the pool of qualified persons who have been jointly identified by the Commission and the State Rehabilitation Advisory Council.(3) The appeals coordinator shall provide written notice to all parties and the Commission's legal office of the date, time and place of the fair hearing and shall provide the name of the hearing officer who has been assigned to conduct the hearing. Information about the fair hearing procedure and the individual's right to be represented by legal counsel or lay advocate shall be included with the notice and, in appeals involving vocational rehabilitation or independent living program services, the individual's right to assistance from the Client Assistance Program shall also be stated. Notice shall be mailed to all parties at least seven days before a scheduled hearing, except that time requirements may be waived by agreement of all parties. Any request for postponement must be made in writing for good cause and sent to the appeals coordinator no later than 48 hours prior to the hearing.