706.335 The Administrative Disqualification Hearing (ADH)

If the individual or his or her representative fails to appear at the ADH without good cause, in accordance with 106 CMR 343.320(D), the ADH shall still be conducted. The hearing officer is required to carefully consider the evidence and determine if an Intentional Program Violation (IPV) was committed based on a preponderance of the evidence standard. If the individual is found to have committed an IPV, but the Director of the Division of Hearings later determines that there was good cause for the failure to appear, the previous decision shall be void and the Department shall conduct a new hearing. The individual has ten days from the date of the originally scheduled hearing to present evidence of good cause for failure to appear.