Current through 2024-51, December 18, 2024
Section 148-201-IX - TIME FOR APPEALA. A substantiated or indicated person must appeal the decision within thirty (30) calendar days of the date the person receives the Department's notice of the finding. A substantiated or indicated person may appeal the determination more than thirty (30) days after receiving the Department's notice only if the person can show good cause for not appealing within thirty days, except that, even with good cause, an individual must always appeal within ninety days of the date the Department mails the notice to the individual.B. Except as provided in section XIV below, a substantiated or indicated person who fails to appeal within the time provided in this section forfeits all rights to appeal the decision forever.C. The time for requesting an administrative hearing after a paper review is covered in the procedures for requesting an administrative hearing, below.D. When this rule requires a request for appeal to be made within a specific amount of time, it means that the Department must receive the request within that amount of time, with an exception for documented good cause. The failure of the Department to receive, for any reason, a request for appeal that an appellant sends to the Department shall not extend the time for taking an appeal. If an appellant wishes to ensure that the request is timely received, the appellant may send the request by certified mail, return receipt requested, may deliver the request personally, or may send the request by any other method that ensures that the Department receives it timely.10-148 C.M.R. ch. 201, § IX