Applicants and clients have a right to request a fair hearing for:
- (A) Denial of an application or request for assistance or the right to apply or reapply for assistance (including supplemental payments) programs administered by the Department.
- (B) The failure of the Department to give official notice of action on an application for financial assistance within 30 days.
- (C) Any Department action concerning the suspension, reduction or termination of financial assistance.
- (D) The failure of the Department to give official notice to the client of action taken on a request for increased assistance within 30 days of the denial, in whole or in part, of such a request.
(E) Unresolved disputes pertaining to:
- (1) classification regarding employment on issues concerning the suitability of employment under EAEDC or TAFDC;
- (2) manner or form of assistance payments including appropriateness of paying as protective or vendor payments;
- (3) scope and amount of payment; and
- (4) a decision to recoup an overpayment;
- (G) Coercive or otherwise improper conduct as defined in 106 CMR 343.235 on the part of any Department employee acting in the capacity of a worker directly involved in the applicant's or client's case.
- (H) Any condition of eligibility for assistance or receipt of assistance which is not authorized by regulations of the Department.
- (I) The failure of the Department to act upon a request for assistance within the required time limits.
- (J) The failure of the Department to pay up to the first $50 of monthly current support collected by the Department of Revenue on behalf of the assistance unit.
- (K) Denials of requests for reasonable accommodations/modifications under the Americans with Disabilities Act.