Administrative Review. A review by a three member panel designated by the Commissioner to assess the correctness of agency action with the ultimate purpose of reversing, modifying or upholding such action.

Administrative Review Panel. The three persons designated by the Commissioner to hold an Administrative Review.

Advisory Board. The Advisory Board of the Commission as set up under M.G.L. c. 6, § 129, also referred to as the Statutory Advisory Board.

Agency Action. Any decision made by an employee of the Commission which affects an individual’s eligibility for services from the Commission or the manner of delivery of services to a Commission consumer in any federal, state or combined federal-state program administered by the Commission.

Authorized Representative. An attorney, legal guardian or other person authorized by a party to represent that party in a proceeding described by 111 CMR 1.00.

Deputy Commissioner. The Deputy Commissioner at the Commission for the Blind.

Case Conference. Refers to the first step in the administrative review process, and involves convening the complainant, the complainant’s authorized representative, if any, the employee whose action is contested and such employee’s supervisor(s) with the ultimate purpose of identifying, clarifying, or resolving the matter for which review is sought.

(MA REG. # 1355, Dated 12-29-17)

Commission. The Massachusetts Commission for the Blind.

Commissioner. The Commissioner of the Massachusetts Commission for the Blind.

Complainant. The consumer contesting the action or failure to act of the Commission.

Consumer. An individual receiving and/or applying to receive services from the Commission.

Fair Hearing. An adjudicatory appeal of an Administrative Review decision before the Statutory Advisory Board or before an Impartial Hearing Officer with the ultimate purpose of reversing, modifying or upholding the Administrative Review Panel’s decision.

Impartial Hearing Officer. An individual who is assigned to conduct a Fair Hearing for a complainant who is receiving or seeking services from the Commission’s vocational rehabilitation program or independent living program, provided that the individual assigned:

1. (a) has knowledge of the delivery of vocational rehabilitation services, the Commission’s plans for vocational rehabilitation and independent living services, the Federal and Massachusetts laws, regulations, and policies governing such services, and training with respect to performing the official duties of a hearing officer;
2. (b) has not been involved in previous decisions regarding independent living services, or the vocational rehabilitation of the consumer who has requested the appeal;
3. (c) has no personal, professional, or financial interest that would be in conflict with the hearing officer’s objectivity;
4. (d) is not an employee of the Commission, except that payment by the Commission solely for services as a hearing officer shall not constitute employment by the Commission for the purposes of determining the individual’s impartiality or status as “employee”;
5. (e) is not a member of the State Rehabilitation or Independent Living Council; and
6. (f) be selected from among a pool of qualified individuals who have been identified jointly by the Commission and the state Rehabilitation Council.

Individualized Plan for Employment (IPE). A plan, developed jointly by the counselor and consumer, as required by the Rehabilitation Act of 1973, as amended, which defines the consumer’s vocational goal and outlines the responsibilities of the consumer and the Commission and the vocational rehabilitation services to be provided to achieve that goal.

Mediation. The act or process of using an independent third party to act as a mediator, intermediary, or conciliator to assist persons or parties in settling differences or disputes prior to pursuing fair hearings or other legal remedies. A consumer may make a request for a voluntary mediation as part of the request for a fair hearing in accordance with 111 CMR 1.05(1). If both parties agree to the mediation, one will be scheduled by the Commissioner.

Presiding Officer. In a Case Conference, the senior-most Commission employee present or that employee’s designee; in an Administrative Review, the Deputy Commissioner or that employee’s designee; in a Fair Hearing, the Commissioner or Impartial Hearing Officer, as the case may be; in an Arbitration, the Arbitrator identified by the Arbitrators initially chosen by the consumer and Commission. In a Mediation, the Qualified Mediator chosen to perform the mediation by the consumer and Commission.

Proceedings. Case Conference, Administrative Review, Fair Hearing or Arbitration as described in 111 CMR 1.00. Voluntary Mediation is a separate proceeding as described in 111 CMR 1.11.

Qualified and Impartial Mediator. An individual who:

1. (a) is not an employee of the Commission, except that payment by the Commission solely for services as a hearing officer shall not constitute employment by the Commission for the purposes of determining the individual’s impartiality or status as “employee”;
2. (b) is not a member of the State Rehabilitation Council or of the State Independent Living Council;
3. (c) has not been involved previously in the vocational rehabilitation or independent living services of the applicant or eligible individual;
4. (d) has knowledge of the delivery of vocational rehabilitation services, the Commission’s plans for vocational rehabilitation and independent living services, the Federal and Massachusetts laws, regulations, and policies governing such services;
5. (e) has been trained in effective mediation techniques consistent with any Commonwealth approved or recognized certification, licensing, registration, or other requirements; and
6. (f) has no personal, professional, or financial interest that would conflict with the objectivity of the individual during the mediation proceedings.