10- 144 C.M.R. ch. 351, § 8-13
Within one year of the mailing of the decision, the responsible parent may request the Department to set aside the decision if he or she shows good cause why he or she did not request a hearing or did not appear at a hearing and present a meritorious defense. Examples of good cause for failure to appear and failure to request a hearing include mistake, inadvertence, excusable neglect, lack of jurisdiction, and inadequate notice. A request to set aside a decision must be in writing and must include a written statement that explains the specific reasons for the request. When the Division receives a timely request to set aside a decision, the Division shall issue the responsible parent a Notice of Hearing as provided by 12.2(D)(2), below.
If the responsible parent establishes good cause for failure to appear at the hearing, the Department shall proceed, if appropriate, to take evidence for the purpose of establishing the responsible parent's support obligations for the period or periods in question.
If the responsible parent does not establish good cause for failure to appear at the hearing, the Department shall proceed as a hearing to determine whether to amend the decision prospectively based on a substantial change of circumstances.
If the responsible parent has not provided the Division with adequate notice in advance of the hearing of the reasons for the request to set aside the decision, the Department shall grant the Division a continuance so that the Division has an opportunity to verify or obtain evidence to rebut any claims made by the responsible parent.
10- 144 C.M.R. ch. 351, § 8-13