606 CMR, § 10.11

Current through Register 1533, October 25, 2024

Section 10.11 - Review Process

(1)Reasons for Review. A parent may request an EEC review when EEC or the Family Access Administrator:

(a) denies the parent's child care financial assistance.

(b) terminates the parent's child care financial assistance;

(c) assesses a fee that the parent believes is not in accordance with EEC regulation or policy;

(d) acts or fails to act in a way that the parent believes violates EEC financial assistance regulations or policy; or

(e) imposes a sanction pursuant to 606 CMR 10.12.

(2)Scope of Review. A parent may not challenge the legality of state or federal law in the EEC review process. The scope of an EEC review shall be limited to determining whether the Family Access Administrator acted, or failed to act, in accordance with state or federal laws or EEC regulations or policies. A parent may raise specific issues of fact for consideration as part of their request, and the EEC Review Officer may overturn a decision on those grounds even if the Family Access Administrator otherwise acted in accordance with state or federal laws or EEC regulations or policies.

(3)Filing a Request for Review. The parent shall submit to EEC a written and dated request, which may be made via email, for a review within 30 days of notice that their child care is being terminated or denied, or within 30 days of an action or determination by the Family Access Administrator which the parent claims violates EEC financial assistance regulations or policy. The request for a review shall contain the parent's name, address, and telephone number, and the reason for the request. If a parent wishes to submit evidence in support of their request, such as documents or receipts, the evidence must be received by EEC within 14 calendar days of submitting the request for review in order to make such evidence a part of the review record.

(4)Representation. The parent may be represented by a person of their choosing at any stage of the review process.

(5)Termination of Continued Child Care Financial Assistance. Child care financial assistance continued in accordance with 606 CMR 10.11(5)(a) shall be terminated if at any time during the review process or any subsequent appeals:

(a) a determination is made that the sole issue is a challenge to the validity of a particular law or EEC regulation;

(b) a change affecting the parent's financial assistance occurs subsequent to the filing of the request for a review which makes the previously filed request for a review moot, and the parent does not appeal the subsequent matter within the applicable time period; or

(c) the parent fails to comply with the requirements for continuing child care financial assistance listed in 606 CMR 10.10(4).

(6)Preliminary Review.

(a)Notification. Within seven days of receipt of the parent's request for review, the EEC Review Officer shall notify the Family Access Administrator of the request for review, and shall request that the Family Access Administrator submit evidence in support of their determination. EEC's Review Officer shall also notify the parent and the Family Access Administrator whether the child care financial assistance shall continue pending the outcome of the review.

(b)Response. Within seven days of the date of notification from EEC, the Family Access Administrator must submit to EEC's Review Officer evidence in support of their decision, action or inaction which allegedly forms the basis for the parent's request for review.

(c)Record. The case record shall consist of any evidence submitted by the Family Access Administrator, any evidence submitted by the parent, and, if applicable, any evidence obtained by EEC's Review Officer including, but not limited to, documentary evidence obtained from local, state, and/or federal agencies.

(d)Decisions.

1.How Made. EEC's Review Officer will review all information submitted by the parent and Family Access Administrator and seek clarification from the parties, if necessary. The Review Officer may take administrative notice of general, technical or scientific facts within their specialized knowledge and may use their experience and specialized knowledge in the evaluation of the evidence presented. The EEC Review Officer may also take administrative notice of any public records or information from other local, state, and/or federal agencies.

2.When Made. Within 60 days of EEC's receipt of the request for review for a termination or denial at Reauthorization or as promptly as administratively feasible, EEC's Review Officer shall issue a written decision to the parent and the Family Access Administrator which upholds, reverses, or modifies the Family Access Administrator's decision, action, or inaction. Within 60 days of EEC's receipt of the request for review for denial at initial Authorization, EEC's Review Officer shall issue a written decision to the parent and the Family Access Administrator which upholds, reverses, or modifies the Family Access Administrator's decision.

3.When Implemented. Unless 606 CMR 10.10(4) applies, the EEC Review Officer's decision will be implemented in accordance with the timelines set forth in the decision.

4.Notice of Right to Appeal. The Review Officer's written decision shall inform the parent of the parent's right to appeal the written decision by requesting an Informal Hearing in accordance with 606 CMR 10.11(7). If the parent does not appeal, the Review Officer's written decision shall become EEC's final agency decision and child care financial assistance shall be terminated immediately.

(7)Informal Hearing. After a Preliminary Review, aggrieved parents may appeal the EEC Review Officer's decision by requesting an Informal Hearing.

(a)Requesting an Informal Hearing. Parents may request an Informal Hearing by submitting to EEC's General Counsel a written dated request, which may be made via email, for an Informal Hearing within 14 days of the date of the EEC Review Officer's written decision. The request for Informal Hearing must state the reason for the appeal. The General Counsel, or designee, may make disposition of the appeal, at the request of and with the consent of the parent, prior to the holding of a hearing; a parent shall have the continued right to an Informal Hearing after any such disposition or may choose to waive the hearing.

(b)Continuation of Benefits Pending an Informal Hearing. In order for child care financial assistance to continue pending the outcome of the appeal, the parent shall timely appeal the decision in accordance with 606 CMR 10.11(7)(a), and shall comply with the requirements under 606 CMR 10.10(4).

(c)Notice of Hearing. The General Counsel or the designated EEC Hearing Officer shall notify the parent, the Family Access Administrator, and EEC's Review Officer of the date, time, and place of the hearing. The notice shall also describe the hearing procedure and the right to contact EEC to obtain further information, including the case file and documents to be submitted by EEC at the hearing.

(d)Hearings.

1.Timing. Within 60 days of EEC's receipt of the request for an Informal Hearing, EEC shall hold the hearing.

2.Procedure. The Informal Hearing shall be conducted in accordance with 801 CMR 1.02: Informal/Fair Hearing Rules. The General Counsel may appoint an EEC Hearing Officer to preside over the hearing.

3.Adjustment of Matters Relating to the Hearing. EEC's Hearing Officer may make informal disposition of the adjudicatory proceeding by stipulation, agreed settlement, consent order, or default, and may limit the issues to be heard, in accordance with M.G.L. c. 30A, § 10.

4.Submission without a Hearing. The parent may elect to waive a hearing and to submit any documents without appearing at the time and place designated for the hearing. Submission of a case without a hearing does not relieve the parties from supplying all documents supporting their claims or defenses. Affidavits and stipulations may be used to supplement other documentary evidence in the record.

5.Location. The Informal Hearing shall be held in EEC's Central Office, or a location designated by EEC. The parent may request that the Informal Hearing be held at an EEC regional office more conveniently located to the parent or be scheduled via telephone or via a virtual, video enabled platform.

6.Hearing Record. EEC's Hearing Officer shall ensure that a record is made of the hearing. All documents and other evidence offered and accepted shall become part of the record. The record shall also include the request for review, the request for Informal Hearing and the decision by EEC's Review Officer.

7.Burden of Proof. The EEC Hearing Officer's decision shall be supported by substantial evidence presented at the hearing. EEC shall have the burden of proof to uphold the decision of the EEC Review Officer.

(e)Reasons for Dismissal. EEC's Hearing Officer may dismiss a request for an informal hearing if a parent:

1. fails to appear at the informal hearing, in accordance with 801 CMR 1.02: Informal/Fair Hearing Rules;

2. fails to prosecute their claim, in accordance with 801 CMR 1.02: Informal/Fair Hearing Rules; or

3. withdraws the request for Informal Hearing in writing or on the record at the hearing.

(f)Decisions. If the denial was issued at reauthorization, or if child care financial assistance was terminated, EEC's Hearing Officer shall issue the written decision in accordance with M.G.L. c. 30A, § 11(8) within 60 days of conducting the Informal Hearing or as soon as administratively feasible. If the denial was issued at an initial authorization, EEC's Hearing Officer shall issue a written decision in accordance with M.G.L. c. 30A, § 11(8) within 60 days of conducting the Informal Hearing.

(g)Judicial Review and Finality of Decision. The decision of EEC's Hearing Officer following an Informal Hearing shall be the final agency decision for purposes of judicial review under M.G.L. c. 30A.

(h)Further Appeal and Stay of Decision. Following the Informal Hearing, the decision of EEC's Hearing Officer shall be implemented in accordance with the timelines set forth in the EEC Hearing Officer's decision unless the parent:

1. timely appeals the decision to superior court pursuant to M.G.L. c. 30A;

2. submits a written request for a stay of the decision to EEC's General Counsel; and