Who does these Hearings?
The Executive Office of Housing and Livable Communities (EOHLC or “the agency”) runs the Emergency Assistance (EA) Family Shelter Program.
The Division of Hearings (DoH) hears appeals related to the EA Family Shelter program.
What is a Hearing?
You appealed the Notice of Agency Action by filling out the “appeal request” a section on the Notice and sending it to the Division of Hearings. Because you appealed, you are going to receive a hearing. The Notice of Agency Action is a notice issued to you by EOHLC (for example: a Notice of Termination, Notice of Denial, Notice of Noncompliance or Notice of Transfer).
A hearing gives you a chance to argue your appeal before a hearing officer.
A hearing is held so that an unbiased, neutral person can listen to both sides of the case. This unbiased, neutral person is called a hearing officer. They are an impartial person who knows nothing about your case. They have not read your file or been given any background information about your case. The hearing officer keeps order during the hearing, makes sure that all relevant issues are considered, collects evidence, and writes a decision.
The hearing officer will decide whether EOHLC correctly issued the Notice of Agency Action you are appealing.
What is the reason for a Hearing?
EOHLC issued a Notice to you (for example: a Notice of Denial, Notice of Termination, Notice of Noncompliance, Notice of Transfer or Placement, or Notice of Denial to Add Proposed Additional Adult Household Member). This Notice is called the Notice of Agency Action.
You appealed the Notice of Agency Action by filling out a form on the Notice and sending it to the Division of Hearings. An appeal is the process that lets you question a notice sent to you by EOHLC.
Because you appealed, you are going to receive a hearing.
Hearings have to follow certain laws and regulations. They are M.G.L. c.30A, 801 CMR 1.02, and 760 CMR 67.00.
What am I allowed to have a Hearing about?
Although EOHLC conducts other types of hearings, the Hearings Division ONLY hears appeals from the EA Family Shelter Program.
Common reasons people appeal include:
- Denials: If you have been considered ineligible for EA Family Shelter Program.
- Terminations: If you have been told to leave the EA Family Shelter Program.
- Non-compliances: If you have been found to break the rules of the EA Family Shelter Program.
- Transfers: If you disagree with the agency action to transfer you and your family to a location that does not suit your needs.
- EAR (Extra Adult Relative) /PAAHM (Proposed Additional Adult Household Member) decisions: If your request to add another family member to your EA Family was denied.
- Certain types of placement issues: e.g., such as the placement cannot accommodate all household members, not placed within 20 miles from identified Home Community, whether agency made every effort to ensure child continues in school where family resided prior to shelter
What is an appeal and how do I appeal?
An appeal is the process that lets you seek review by a neutral person to hear the facts and determine if your notice was properly issued.
Appeals of a Notice of Agency Action can be a Notice of Denial, Notice of Termination, Notice of Noncompliance, Notice of Transfer or Placement or Notice of Denial to Add Proposed Additional Adult Household Member).
How is my Hearing scheduled?
When the Division of Hearings (DoH) receives your appeal, we will give you a case number. Then, we will immediately begin trying to schedule your hearing.
Please keep track of your case number and include it in any communication with us.
Hearings are usually scheduled 1-3 weeks after we receive your appeal, but sometimes it takes longer.
As soon as your hearing is scheduled, you will receive a Hearing Notice by email, phone message, or paper mail telling you the date and time of the hearing. Please keep checking your email, phone messages, and paper mail once you file your appeal.
Be sure to let us know if your email, phone or address changes so that we can keep track of how to contact you.
How do I re-schedule my Hearing?
You can ask for the hearing to be rescheduled, if you have a good cause reason for not being able to participate in the hearing on the date/time it is scheduled.
“Good cause” consists of things such as a death in family, personal injury, serious emergency, or need for more time to gather evidence.
To ask to reschedule, your request should be made in writing and either faxed to 617-573-1515 or emailed to the Clerk of the Division of Hearings at eohlceahearings@mass.gov.
If you have any questions, you should contact the Clerk of the Hearings Division. (contact information below)
Hearings can be rescheduled 2 times if there is good cause. If you fail to appear for the 3rd time, your case will be dismissed.
How can I remove my request for a Hearing?
You may remove your request for a hearing at any time. To do so, just send your request by email, to: Eohlceahearings@mass.gov.
How do I prepare for a Hearing?
Review the Notice you appealed so you can be prepared to tell your side of the story.
Authorized Representative
If you want to be represented by an attorney, it is up to you to find an attorney.
A local Legal Services organization may be able to help you for free. For a list of Legal Services organizations see: Finding legal help
You can also be represented by anyone else you allow such as a friend or relative.
Interpreter
If your primary language is not English, you can ask for an interpreter, and one will be provided for free.
You can ask for an interpreter before the hearing by contacting the Clerk of the Hearings Division (contact information below). Even if you don’t ask before the hearing, an interpreter will be provided if you need one at the hearing.
Documents and Case Files
You can review your case file prior to the hearing.
You can review and get copies of any documents that will be used against you at the hearing. (You should already have a copy of the Notice of Agency Action you are appealing).
To get a copy of your case file prior to the hearing, contact your Homeless Coordinator.
Witnesses
You can bring witnesses to the hearing to confirm your side of the story. If you want witnesses to be there, you need to ask them. You should tell any witnesses the day and time of the hearing and ask them to attend. They will need to have a working phone number. It is important to send the full name and phone number for your witnesses to the Clerk of the Division of Hearings at least 48 hours prior to your hearing.
You can ask the Clerk of the Hearings Division to issue a subpoena for a particular person or people to attend the hearing or for specific documents. A subpoena is an official written order for a person to attend a hearing or to officially ask for a document. If a subpoena is issued, the person you subpoenaed is required to attend the hearing, unless they ask the Hearing Officer to leave or modify the subpoena. If you are requesting a subpoena, contact the Hearings Division (contact information below).
What happens at a Hearing?
At the hearing, the Notice of Agency Action you appealed will be discussed.
This is the schedule of the hearing:
- There is an opening statement made by the hearing officer.
- The people who will be testifying, or giving their evidence, are sworn in.
- EOHLC presents their information.
- You tell your side of the story.
- The hearing officer concludes the hearing.
- Post Hearing submissions are distributed.
- The hearing officer begins to prepare a written decision discussing whether or not EOHLC’s actions follow the relevant laws or guidelines.
- You will receive a copy by email and/or mail when the decision is made.
Phone Hearings
Hearings are held by phone call, unless some other way is requested, such as videoconference. It is important to send the full name and phone number for your witnesses to the Clerk of the Division of Hearings at least 48 hours prior to your hearing.
On the day and time of the hearing, the hearing officer will call you on the phone.
Please make sure you are in a quiet place with no distractions so you can fully participate in the hearing.
All hearings are recorded.
Interpreters
Let the hearing officer know if you want an interpreter, and you will get one for free.
The hearing is your chance to explain your side of the case, so it’s important that you be able to understand everything that is said.
Authorized representative
If you have an attorney, the attorney can represent you at the hearing, but it’s not required.
Any other person (such as spouse, a friend, a relative or a social worker), can also represent you at the hearing. It is up to you to tell that person when and how they should represent you.
Even if someone else is representing you, you should attend the hearing.
You can speak for yourself at the hearing.
Ask Questions
You can ask questions to the person who is presenting information for EOHLC or the hearing officer.
You can ask for someone to read you the documents they are referring to.
Explain your side
Be sure to explain your side as much as possible. The hearing officer’s decision will be based only on the evidence presented at the hearing. This evidence could include written documents and information you and the agency representative have told the hearing officer.
If you have asked witnesses to attend, ask your witnesses to talk about what they know about the subject of the hearing.
If you have documents to show what you are saying is true, have electronic copies of the documents ready to send to the Hearing Officer.
What happens after the Hearing?
Receive Email Documents
Shortly after the hearing, you will be emailed a copy of all the documents used in the hearing.
Add More Information
You can add more information after seeing the documents. To add information, contact the Clerk of the Hearings Division and let them know you want time to respond.
Receive Written Decision
The Hearing Officer will issue a written decision determining whether the agency action was justified as soon as possible.
Option to Appeal
Each decision may be appealed to Housing or Superior Court. Information about more appealing is included in the written decision.
Receive Decision Enforcement Information
Once a decision has been issued, if you don’t appeal to Housing or Superior Court, you will receive information from another division about how the decision will be put into place.
How can I request an accommodation for my disability in a Hearing?
Under the Americans with Disabilities Act (ADA), people with disabilities can request an accommodation so they can equally participate in programs.
A person with a disability is someone who has a physical or mental impairment that limits one or more major life activities.
A physical or mental impairment can include almost any condition, disease, illness, disfigurement or disorder. The impairment must limit one or more major life activities, such as walking, talking, seeing, hearing, working, breathing, or caring for yourself.
If you are a person with a disability, you can request a reasonable accommodation at any time while you are participating in the program.
If you have a disability that you believe caused or contributed to the reason you are asking for a hearing, you can request a reasonable accommodation.
It is best, although not required, that you complete an ADA form and submit it to the ADA unit. The ADA form is attached to this document.
You can also request an accommodation by emailing the ADA unit.
The ADA unit can be contacted at: EOHLCeaada@mass.gov
The Hearings Division does not determine whether a person has a disability or whether that person is allowed to have an accommodation.
If you need special assistance at the hearing because of a disability, please let the Clerk of the Hearings Division know. We want to make sure you can fully participate in the hearing. You can ask for things such as:
- American Sign Language (ASL) interpreter (If you need an ASL interpreter, please contact the Hearings Division before the hearing so we can arrange for an ASL interpreter to be present.)
- Having the hearing conducted by video conference rather than over the phone
- Taking breaks during the hearing
- Asking that everyone speak slowly and clearly
- Asking for extra time after the hearing to respond to documents
What happens if I miss my Hearing?
If you or your representative do not appear for the hearing without good cause, your appeal may be dismissed.
The Hearings Division will issue a Notice of Failure to Appear to you and if you believe you have good cause for not appearing, you must respond within 5 business days. Your response must be made in writing.
How do I communicate with the people doing the Hearing (EOHLC)?
Communications should contain your Case Number and your full name.
Please note, due to hybrid workplace, it is best to communicate by phone, email or fax. Walk-ins are not recommended.
Contact information is as follows:
Phone: (617) 573-1527 & (617) 573-1528
Fax: (617) 573-1515
Email: eohlceahearings@mass.gov
Mailing/Physical Office:
Clerk, Division of Hearings
Executive Office of Housing and Livable Communities
100 Cambridge Street – 3rd Floor
Boston, MA 02114