Current through Register 1533, October 25, 2024
Section 1.09 - Administrative Review DecisionsThe administrative review decision shall be a brief written statement by the administrative review officer containing the following elements :
(1) A statement of the issue or issues involved; reference to relevant regulations, Commission policies or procedures, and good professional case management practices; a concise statement of the conclusions that are relevant to the issues and remedies sought in the administrative review.(2) The administrative review officer shall issue a written decision within 20 days of the close of the review. If the administrative review officer has requested additional information, the decision shall be issued within ten days of the date of receipt of such information, and all parties shall be notified of the revised date for issuing the decision.(3) The administrative review officer shall mail a copy of the decision to the individual, any individual advocate authorized by the individual, and appropriate Commission staff including the Commission's legal office and the appeals coordinator.(4) Any decision which is adverse to an individual shall include a statement informing the individual of his or her right to request that a fair hearing be scheduled and the time limit for exercising that right. (a) The decision shall state that the fair hearing is conducted under the In formal/Fair Hearing Rules of the Uniform Adjudicatory Rules of Practice and Procedure ( 801 CMR 1.02) as supplemented by the Commission's appeals regulations ( 112 CMR 1.00).(b) It shall also provide the name, mailing address and telephone number of the Commission Appeals Coordinator, who shall be available to answer questions concerning fair hearings.(5) The effective date of the decision shall be stated in the administrative review decision.(6) The decision o f the administrative review officer shall b e binding o n t h e Commission. The Commission shall initiate implementation of the decision within 20 days of its receipt. No employee of the Commission shall interfere with the implementation of the decision.