320 Procedures and Requirements for Rescheduling (A)

Rescheduling Prior to the Day of the Hearing (1) DOH may change the date, time, and place of the hearing upon due notice to the parties involved. (2) For all hearings for good cause shown as defined in 106 CMR 343.320(D) (except for initial scheduled SNAP hearings where good cause need not be demonstrated), DOH may at the request of either party to a hearing, or a Department employee charged with coercive or otherwise improper conduct, reschedule the hearing provided that the request is received before the hearing date. If the Director of DOH or designee concludes that the request does not constitute good cause, the request shall be denied. If that request is denied, the appellant shall have the right to a hearing on the issue of good cause. If the request is approved, the requesting party will be required at the rescheduled hearing to establish good cause for the prior nonappearance. A finding by the hearing officer that good cause has not been shown shall result in the appeal’s dismissal. (3) DOH shall inform the parties of these procedures. (B) Rescheduling Following Failure to Appear at a Scheduled Hearing (1) If the appellant fails to appear at the hearing, DOH shall notify the appellant in writing (at the address supplied by the appellant) that if he or she fails to request a rescheduled hearing and show good cause for the failure to appear within 10 days of the notice, the appeal will be considered abandoned. If, the determination of the Director of DOH or designee, is that good cause has not been shown, the appeal shall be dismissed subject to the vacate procedures provided below and any aid pending shall be discontinued. The Director or designee may, at his or her discretion, reschedule the hearing at which time the appellant will be required to establish good cause for the failure to appear. A finding by the hearing officer that good cause has not been shown shall result in dismissal of the appeal. (2) In cases where coercive or otherwise improper conduct has been alleged against a Department employee and the employee fails to appear at the hearing after notice, the hearing officer shall proceed with the hearing in his or her absence. Whether or not the employee is present, the hearing officer shall make a decision on the basis of evidence produced at the hearing. If a Department employee fails to appear at the hearing, he or she may file a written request with the hearing officer within five days of the hearing that the hearing be reopened. Such requests shall be granted by the hearing officer only for good cause shown for the failure to appear. (C) Procedures for Vacating a Dismissal (1) The appellant shall be informed by written notice of the dismissal and of the procedures for requesting that the dismissal be vacated. (2) A request to vacate a dismissal must be in writing and signed by the appellant or authorized representative. This request must be received by DOH within 10 days of the date of the dismissal notice. A dismissal shall be vacated if the Director of DOH or designee finds that the appellant has shown good cause both for: a. Failure to appear at a scheduled hearing; and b. Failure to inform DOH prior to the date of a scheduled hearing of his or her inability to appear. (D) Good Cause (1) The following circumstances shall constitute good cause subject to 106 CMR 343.320(D)(2): a. A death in the family; b. A personal injury or illness which reasonably prevents the party from attending the hearing; c. A sudden and serious emergency which reasonably prevents the party from attending the hearing; d. An obligation or responsibility which a reasonable person in the conduct of his or her serious affairs would conclude takes precedence over attendance at the hearing; or e. The reasonable need for additional time to produce evidence or witnesses or get legal assistance. (2) In evaluating a party’s good cause claim, the hearing officer shall consider the following factors: a. The amount of time the party had advance notice of the hearing date; b. The party’s ability to anticipate the circumstances which resulted in the inability to appear for the hearing; c. The party’s ability to reschedule the conflicting event; d. Any delay by the party in notifying DOH of his or her inability to attend the hearing; and e. Previous rescheduling requests or failure to appear for scheduled hearings which indicate a pattern of abuse or neglect of the hearings process. (3) If a party will be required to show good cause at the hearing, DOH shall notify that party in advance that the hearing officer will address that issue. The party shall also be notified of the advantage of bringing documentation and witnesses in support of the good cause claim and of the possible consequences if the hearing officer finds against the party on this issue.