If you need to appeal an MRC decision, you may request the necessary form from your MRC counselor.
The Client Assistance Program (CAP) of the Massachusetts Office on Disability (MOD)
is always available to assist you in advocacy and representation in disputes with MRC. Advocates can be reached at 617-727-7440.
What is an Administrative Review?
An administrative review is an informal meeting with you and advocates of your choice (CAP advocate, family member, and/or friend), your counselor and his/her supervisor. An Administrative Review Officer who is an MRC employee from outside your geographical area is assigned to assist you and your counselor in resolving the disputed issue. If no amicable resolution is reached, the Administrative Review Officer will make a decision based on information presented by you and your counselor. If you are unhappy with the Administrative Review Officer's decision, you have the right to appeal. You may proceed to either mediation or a Fair Hearing.
Mediation is a voluntary confidential process whereby all parties must agree to come to the table to try to resolve their dispute. An impartial third party (the mediator) facilitates a discussion between you and your counselor in order to assist you both in resolving the dispute. The mediator is a trained professional provided through the Massachusetts Office of Dispute Resolution. If you and your counselor are successful in resolving the dispute, the mediator will write a settlement agreement. If you agree with the contents of the settlement agreement, the mediator will ask you and your counselor to sign it. If the mediation is unsuccessful you may proceed to a Fair Hearing. More information about Mediation
A Fair Hearing is a formal process whereby an Impartial Hearing Officer, not an employee of MRC, hears the dispute. The participants at the Fair Hearing include you, advocates of your choice, your MRC counselor and other MRC staff individuals of his/her choice and the Fair Hearing Officer. The Fair Hearing Officer will listen to testimony and take in the evidence. The Fair Hearing is tape-recorded and the Fair Hearing Officer will make the decision. The decision of the Fair Hearing Officer is final. If you disagree with the decision, you have 30 days from receipt of the decision to file an appeal in Superior Court of the Commonwealth.
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination on the basis of disability in employment and public services provided by government agencies. If consumers or employees of the Massachusetts Rehabilitation Commission believe that they have been discriminated against on the basis of disability, they should contact the Diversity Director,
Mary F. Connelly, Esquire
Director of Diversity, Massachusetts Rehabilitation Commission
600 Washington Street, Boston, Massachusetts 02111
617-204-3736 or 617-727-1354 (fax)
This information is provided by the Massachusetts Rehabilitation Commission.
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