10- 144 C.M.R. ch. 610, § 7
Federal and State law assures that any individual, or anyone acting responsibly in the individual's behalf, who believes that proper consideration has not been given to all circumstances surrounding the request for assistance under the MARCC Program may request a fair hearing.
Written notification of the right of the individual to a fair hearing is printed on applications, fee assessments and all routing forms of notification of action to the family. The MARCC worker who rendered the contested decision will participate in the fair hearing as a representative of the agency. All participant's witnesses will testify under oath.
In every written notification, at the time of application and at any time of agency action on eligibility the notice will inform the individual:
of the right to a fair hearing, of the method by which a hearing may be obtained, and that the individual may be represented by legal counsel or a relative, friend or other spokesman or may represent himself. (Although entitled to legal counsel, the agency cannot pay for such services.)Any party may subpoena witnesses and evidence through a request through the hearing officer who will have the subpoena issued through the Assistant Attorney General. The Department will bar any expense of issuance and costs of reimbursement to witnesses.
The Department may respond to a series of individual requests for fair hearings by conducting a single group hearing. It will only consolidate cases in which the sole issue involved is one of federal or state law or Department policy. If individuals request a group hearing on such an issue, the agency will grant it. In all group hearings, whether initiated by the agency or by the claimants, the policies governing fair hearings will be followed. Thus, each individual claimant will be permitted to present the individual's own case and be represented by a lawyer. If, at any time, an individual scheduled for a group hearing desires to withdraw and have an individual hearing, such will be arranged.
Any request for a fair hearing must be received by the agency within thirty days of the date of notice unless the Department wishes to grant an extension of time when:
the individual has registered a previous complaint about the same action, or the claimant requests a delay in order to prepare the case or for other essential reasons.If the request for the hearing is made within ten days of the date of notice, benefits will continue pending the hearing decision.
A request for a hearing will be acknowledged in writing by the Department within five days of its receipt by the naming of a date, time and place for the hearing which will take into consideration the convenience of the individual. The individual will be notified with adequate preliminary information about the hearing procedure necessary for effective preparation of the case at least ten days notice prior to the hearing. The individual will be assisted with travel arrangements to the hearing insofar as possible. The Department will not pay costs of travel.
At the same time notice is sent to the claimant, a copy of the hearing request and acknowledgment letter will be forwarded to the MARCC Program worker. The MARCC worker will make a report of the circumstances prior to the hearing and submit a report to the hearing officer if so instructed.
The individual or representative will have the opportunity:
to examine the individual's case file and all documents and records to be used at the hearing at a reasonable time prior to the hearing, or at the hearing itself, and, upon request, to receive copies free of charge or relevant documents and records. at the individual's option, to present the case alone or with the aid of others including legal counsel; to bring witnesses; to establish all pertinent facts and circumstances; to advance any arguments without undue interference; to question or refute any testimony or evidence including opportunity to confront and cross examine adverse witnesses.Non-record or confidential information which the claimant does not have an opportunity to hear or see is not made a part of the hearing record or used in a decision on the appeal. The hearing officer does not review the case record or other material prior to the hearing unless such material is made available to the claimant or the representative.
Prompt, definitive and final administration will be taken no later than 60 days from the date of the initial request for the fair hearing except where the individual requests a delay in the hearing.
10- 144 C.M.R. ch. 610, § 7