140 Time Limits

(A) Timely Notice Prior to an action to reduce, suspend or terminate assistance, the Department must send a timely notice to the client, except as provided in 106 CMR 702.950. and 106 CMR 343.210. A timely notice is a notice mailed at least 10 calendar days prior to the action. (B) Time Limitation on the Right of Appeal The date of request for a fair hearing is the date on which the Division of Hearings receives a written statement from the appellant asking for the opportunity for a fair hearing will be treated as a request for an appeal. The Division of Hearings must receive the request within the following time limits: (1) Ninety days from the date of official written notice of action by the Department. (2) Unless waived by the Division of Hearing Director or his or her designee, 120 days from: (a) the date of application when the Department fails to act on an application; (b) the date of request for service when the Department fails to act on the request; (c) the date of Department action when the Department fails to send official written notice of the action; (d) the date of the alleged coercive or otherwise improper conduct. This time limit can be extended up to one year from the date of the conduct provided that the appellant files an affidavit with the Director of the Division of Hearings stating that, and can establish at a hearing that, 1. he or she did not know of the right to appeal; 2. he or she reasonably believed that the problem was being resolved administratively; or 3. he or she was justifiably unaware of the conduct in question; and 4. the appeal is made in good faith. Failure to substantiate allegations of coercive or improper conduct either prior to or at the hearing shall be grounds for dismissal. (3) Thirty days from the date of mailing by the Department of Revenue of the notice of state income tax refund intercept to offset an overpayment due to the Department of Transitional Assistance. (C) Computation of Time Periods Any time period referred to in these regulations shall be on the basis of calendar days unless stated otherwise. Time periods shall expire on the last day of such periods unless the day falls on a Saturday, Sunday, legal holiday or other day when the Division of Hearings is closed. In this situation, the last day of the time period shall be deemed to be the next business day. (D) Time Limits for Rendering Decision (1) The hearing officer must issue the hearing decision within 45 days of the date of the request for a hearing when the issue under appeal is: a. the denial of the right to apply or reapply for assistance; b. the denial of an application for assistance; c. the failure to act on an application in a timely manner; or d. the failure to issue Disaster Benefits for SSI clients. (2) The hearing officer must issue the hearing decision within 90 days of the date of request for a hearing for all other appeals. (3) The above time limits may be extended for good cause as follows: a. Where delays are caused by the appellant or his or her representative, the time limits may be extended by the total number of days of the delay, which includes the advance notice period prior to scheduled hearing dates. Such delays include the appellant’s delay in the submission of evidence, briefs or other statements, rescheduling or continuances granted at the request or for the benefit of the appellant, and any other delays caused by the actions of the appellant or his or her representative. b. Where delays occur due to acts of God or serious illness of the hearing officer which makes him or her unable to render a decision.