Adjustment Procedures
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) Local Office Procedures. The worker is primarily responsible for responding to complaints from applicants or clients and facilitating a resolution, if possible. If a complaint cannot be resolved, the Department shall remind the applicant or client of the right to request a fair hearing.
(B) Prehearing Adjustment.
- (1) The Department may make an adjustment in the matters at issue prior to a hearing. If the adjustment resolves the issue and the appellant wishes to withdraw his or her appeal, the Department shall send the appellant's written withdrawal to DOH. DOH shall not delay a fair hearing because a possible adjustment is under consideration unless the appellant requests such a delay.
- (2) If the appellant and the Department resolve the issues appealed at the hearing, they may agree to proposed language for the hearing officer's decision. The hearing officer may accept such proposals.
- (3) Any adjustment arising from allegations of coercive or otherwise improper conduct must be agreed to by the Department, the appellant, and the Department employee.