(a) Scope and Construction

801 CMR 1.02 shall apply to Adjudicatory Proceedings involving review of action or inaction of an Agency or of a Veterans' agent with respect to a claim for benefits or services. Without intending to limit its applicability, 801 CMR 1.02 shall apply to all hearings held pursuant to the fair hearing requirements of 7 CFR 273; 42 USC 503 (a)(3) and M.G.L. c. 151A, § § 39 and 41. 801 CMR 1.02 shall also apply to the hearing procedures of any other Agency which is, in whole or in part, governed by the requirements of similar law, and to classes of hearings of any Agency for which 801 CMR 1.02 establishes minimum procedural protections for applicants or recipients in such proceedings, and shall in no way be construed to limit the protections afforded by state or federal law.

(b) Definitions

Refer to all definitions included in M.G.L. c. 30A and in 801 CMR 1.01. In addition, the following words when used in 801 CMR 1.02 shall have the following meanings:

  • Applicant: An individual who has applied or been denied the opportunity to apply for benefits available under any program administered by an Agency, H.C.C. or veterans' agent appointed pursuant to M.G.L. c. 115, § 3.
  • ASAP: An Aging Services Access Point organized to provide services pursuant to a contract with The Executive Office of Elder Affairs.
  • Benefits: Any benefit to an individual or service administered or rendered by an Agency.
  • Case Manager: The Person who performs case management services.
  • DALA: The Division of Administrative Law Appeals.
  • Division of Hearings (DTA): The Division of Hearings for the Department of Transitional Assistance.
  • Electronic Medium: Any device used to preserve or transmit information electronically, including but not limited to telephone, e-mail and facsimile.
  • Hearing: An Adjudicatory Proceeding held under these informal rules at 801 CMR 1.02.
  • Institution: Any licensed hospital, nursing home or public medical institution.
  • Presiding Officer: The individual(s) authorized by law or designated by the Agency or DALA to conduct an Adjudicatory Proceeding.
  • Recipient: A Person or family receiving benefits under a program administered by an Agency, ASAP, or Veterans' Agent pursuant to M.G.L. c. 115, § 3.

This information was last updated on 12/22/2008.