[HISTORY: Adopted by the Board of Selectmen of the Town of Middleton.
Amendments noted where applicable.]
A.
Any person applying for or receiving services or his/her
parent, guardian, or representative may file a request for a fair hearing
before the appointing authority or his/her designee.
B.
All requests for a fair hearing shall be made in writing
and must be made within 30 days after receipt of the request by the appointing
authority.
C.
The hearing shall be scheduled to occur no sooner than
20 days nor later than 30 days after receipt of the request by the appointing
authority.
A.
The hearing shall be held before the appointing authority
or his/her designee, neither of whom shall have previously participated in
making the determination under administrative review or taken part in the
consideration thereof.
B.
The hearing shall be a closed hearing unless the person
applying for or receiving services or his/her parent, guardian, or representative
requests an open hearing.
C.
All fair hearings shall be conducted at the Board of
Selectmen's office, Memorial Hall, South Main Street, Middleton, MA 01949,
and the individual will be notified in writing as to the time and location
of the hearing and his/her right to be represented by legal counsel or a representative
of his/her choice.
D.
Interpreter or reader services shall be provided to any
person who is in need of them.
E.
At a reasonable time prior to the hearing and pursuant
to Section 1347.08 of the Revised Code, the person applying for or receiving
services and/or his/her parent, guardian, or representative shall have access
to all information held by the agency pertaining to that person.
F.
The parties shall exchange the names of all witnesses
they wish to call one week before the day of the hearing, and if either party
wishes to call additional witnesses then they shall notify the other party
immediately.
G.
The applicant or his/her representative shall have the
opportunity to present evidence and to cross-examine any person presenting
evidence for the Town of Middleton or any other person as a witness.
H.
Any evidence which is immaterial, irrelevant, or unduly
repetitious shall not be admitted at the fair hearing.
I.
The Town of Middleton shall bear the burden of proof
as to all facts and justification of any decisions relating to the provision
or denial of services and any decision relating to the eligibility for such
services.
J.
A verbatim transcript of the testimony and exhibits shall
be made and shall constitute the official and exclusive record of the hearing
and shall be made available to the individual at any reasonable time.
A.
The appointing authority or his/her designee shall issue
a decision in writing and the decision shall be based solely upon the evidence
presented at the hearing.
B.
The decision shall set forth the principal issue(s) and
relevant facts brought out at the hearing, the pertinent provisions in law
and agency policy, and the reasoning that led to the decision.
C.
A copy of the decision shall be mailed to the individual
and representative within 30 days of the date of the hearing.
The procedure provided by these rules is in addition to any other procedures
to which the applicant or client applying for or receiving services or his/her
parent, guardian, or representative may otherwise have a right pursuant to
law.
