111 C.M.R. 1.03 – Time Limits

(1) A Fair Hearing must be held before the Advisory Board and Commissioner, unless the decision involves the Commission’s vocational rehabilitation program or independent living program, in which case the complainant shall be entitled to a Fair Hearing before an Impartial Hearing Officer. A hearing before an Impartial Hearing Officer must be held within 60 days of an applicant or other eligible individual’s request for a review of a determination made by the Commission, unless:
1. (a) resolution via a case conference or administrative review, or a mediation agreement is
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achieved prior to the 60 day; or (b) both parties agree to a specific extension of time.
(2) All requests to the Commission concerning a fair hearing shall be considered filed on the date on which they are actually received by the Deputy Commissioner’s office. Notice of actions and other communications shall be presumed received upon the day of hand delivery or if mailed, three days after deposit in the U.S. mails. Electronic communication or correspondence shall be considered filed at the Deputy Commissioner’s office during normal business hours, but not later than 5:00 P.M. However, all electronic correspondence regarding a fair hearing must be followed by a written and signed request by the individual or his or her representative or advocate.
(3) Unless otherwise specifically provided by law, computation of any time period referred to in 111 CMR 1.00 shall begin with the first day following the act which initiates the running of the time period. The last day of the time period so computed is to be included unless it is a Saturday, Sunday, or legal holiday or any other day on which the office of the Commission is closed, in which event the period shall run until the end of the next following business day. When the time period is less than seven days, intervening days when the Commission is closed shall be excluded in computation.
(4) It shall be within the discretion of the presiding officer, or in the case of a case conference not yet convened, in the discretion of the Deputy Commissioner, for good cause shown, to extend any time limit contained in 111 CMR 1.00 consistent with applicable state or federal law or regulation. All requests for extensions of time shall be made by written request before the expiration of the original or previously extended time period. The filing of such request in writing shall toll the time period sought to be extended until the presiding officer or Deputy Commissioner acts on the request. 111 CMR 1.03(4) shall not apply to any limitation of time prescribed by federal or state law.