115 CMR, § 8.08 - Review and Appeal
(1) All
recommendations to deny a license, deny the renewal of a license or revoke a
license are subject to a joint review by the deputy commissioner, the assistant
commissioners for quality management and operations, and the general counsel
prior to being presented for a decision by the commissioner.
(2) All decisions to deny a license, deny the
renewal of a license or revoke a license shall be issued in writing by the
commissioner and include the effective date. The decision shall be accompanied
by a report that describes the specific areas in which the provider has failed
to comply with the licensure requirements of the Department. The provider shall
be notified of the right to an adjudicatory hearing to appeal the
decision.
(3) A decision to deny a
license, deny renewal of a license or revoke a license shall result in the
non-issuance or termination of the provider's license to operate the surveyed
services and supports.
(4) Within
ten days of receipt of the decision to deny a license, deny renewal of a
license or to revoke a license, the provider may appeal the decision by filing
a written request for a hearing with the commissioner. The appeal shall
identify the appellant, clearly and concisely state the facts and regulations
that the provider is relying as grounds for the appeal, and be signed by an
authorized representative of the provider. An appeal shall be considered waived
if an appeal is not filed within ten days and a final agency decision may enter
without further notice.
(5) The
Department shall file a request for a hearing before the Division of
Administrative Law Appeals within 30 days from receipt of the appeal. The
hearings shall be held in accordance with the applicable provisions of M.G.L.
c. 30A.
(6) The filing of an appeal
shall not operate as a stay of the decision; however, the commissioner may stay
the decision upon written request from the provider if a stay would not
jeopardize the health, safety or welfare of the individuals served by the
provider.
Notes
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