Dismissal of Request for a Hearing
Effective Dec 2, 2016Mass. Register #132742 U.S.C. 602 MGL c. 18, § 16 MGL c. 30A MGL c. 62D 801 CMR 1.03(7)Department of Transitional Assistance
(A) DOH shall dismiss a request for a hearing when:
- (1) The request is not received within the appropriate time frame provided in 106 CMR 343.140;
- (2) The request is withdrawn either orally or in writing by the appellant or his or her authorized representative;
- (3) The sole issue is one of state or federal law requiring automatic adjustments for classes of clients and the correctness of the grant computation is not at issue;
- (4) The stated reason for the request is not grounds for appeal as defined in 106 CMR 343.230;
- (5) The stated reason for the hearing request is outside the scope of 106 CMR 343.000; or
- (6) The party requesting the hearing has no standing.
- (B) The Director may schedule a hearing to allow the appellant the opportunity to contest the dismissal.