112 CMR, § 1.02
The definitions in 112 CMR 1.02 apply to terms used throughout 112 CMR 1.00. As used in 112 CMR 1.10 through 1.21, these definitions supplement 801 CMR 1.02(2)(b).
Adjudicatory Proceeding shall also be taken to mean a fair hearing and the terms shall be used interchangeably.
Administrative Review. The administrative review is an optional first step in the appeals process designed to provide a client with a prompt informal review of decisions made or the furnishing or denial of services in the client's case. It includes, but is not limited to, interviews, fact gathering, negotiations, mediation, and document review.
Administrative Review Officer refers to a Commission employee who is assigned to conduct an administrative review, does not work in the area where the individual is being served and who was not involved in the disputed service decision.
Appeals Coordinator refers to the Commission employee who is responsible for scheduling fair hearings and communicating with individuals, advocates, family members and Commission staff about appeal requests.
Authorized Representative refers to an individual's parent, parents, guardian or another person whom the individual designates to represent or speak for the individual.
Commission refers to the Massachusetts Commission for the Deaf and Hard of Hearing.
Commissioner refers to the Commissioner of the Massachusetts Commission for the Deaf and Hard of Hearing.
Decision. A course of action taken by an employee of the Commission, resulting in either the delivery or refusal to deliver services to a client of the Commission for the Deaf and Hard of Hearing, or an individual applying for or requesting services.
Deputy Commissioner refers to the Deputy Commissioner for Policy and Programs of the Massachusetts Commission for the Deaf and Hard of Hearing.
Impartial Hearing Officer refers to an individual who is assigned to conduct hearings pursuant to 112 CMR 1.00 and refers to an individual who is assigned to conduct a fair hearing for a client who is receiving or seeking services from the Commission's Case Management program provided that the individual assigned shall:
(a) have knowledge of the delivery of case management services and programs, the state rules governing such services and programs, and have the training with respect to performing the official duties of a hearing officer;
(b) not have been involved in previous decisions regarding the case management of the client who has requested the appeal;
(c) have no personal or financial interest that would be in conflict with the hearing officer's objectivity;
Presiding Officer refers to an impartial hearing officer or fair hearing officer and is used interchangeably with those terms.
112 CMR, § 1.02