Current through Register 1536, December 6, 2024
Section 2.10 - Appeal Procedure(1) The Commissioner or his designee hearing an appeal filed pursuant to 107 CMR 2.09 shall, at the request of the client or applicant or his authorized representative, convene an adjudicatory hearing pursuant to M.G.L. c. 30A within 20 days of the filing of such an appeal and shall render a decision within 30 days of the conclusion of such a hearing. If the client or applicant does not request an adjudicatory hearing, the Commissioner or his designee shall render a decision within 20 days of the date of filing the appeal.(2) Within seven days of rendering his decision, the Commissioner or his designee shall send written notice to the client or applicant and to the Commission employee responsible for the initial determination regarding the nature of the decision and the reasons therefore. If the decision is adverse to the client or applicant, the notification shall include, interms comprehensible to the client or applicant, an explanation of his right of further review by the Executive Office of Health and Human Services pursuant to 101 CMR 8.09. The notice shall inform the client or applicant that an appeal to the Executive Office of Health and Human Services must be filed in writing within 30 days of the client's or applicant's receipt of notification of a denial.