Town of Middleton, MA Chapter 362 Grievance Procedure

[HISTORY: Adopted by the Board of Selectmen of the Town of Middleton 10-15-1984. Amendments noted where applicable.]

GENERAL REFERENCES

Personnel — See Ch. 68

§ 362-1 Authority; purpose.

The Town of Middleton, through its Board of Selectmen, hereby adopts the following grievance procedure in accordance with Federal Revenue Sharing Regulations § 51.55(d)(2). The purpose of these procedures is to provide for prompt and equitable resolution of complaints alleging handicapped discrimination.

§ 362-2 Employee grievance procedure.

Town Personnel Plan § 68-46 is incorporated by reference.

§ 362-3 Participant/beneficiary grievance procedure.

A. Any person applying for or receiving services who is dissatisfied with any action with regard to the furnishing or denial of such services, including ineligibility decisions, may file a request for an administrative review and redetermination of that action.

B. The person, his/her parent, guardian or representative may request an administrative review either orally or in writing. If the request is made orally then it shall be entered in the person's record if records are maintained.

C. The administrative review shall be held at a time and a place convenient to all persons involved and which is accessible if a mobility-impaired individual is involved.

D. Interpreter or reader services shall be arranged if needed to allow the person to fully participate in the review.

E. All decisions resulting from a review shall be mailed to the individual requesting the review and shall be entered in the record.

F. If the person is dissatisfied with the results of the initial review or any other review, then he/she has 30 days from the date the decision is mailed to him/her to request another review or a fair hearing.[1]

[1] Editor's Note: See Ch. 358, Fair Hearing Procedure.

G. The mailing of administrative review decisions shall be done by certified mail with return receipt requested.

H. An administrative review decision shall contain all the reasons and other documentation which was used to reach the decision.

I. At any level during the review process new evidence may be introduced by either party.

J. All administrative review decisions shall be mailed within 30 days from the day that the review was conducted. (The next level beyond an administrative review is a fair hearing process.)

K. Before a person can request a fair hearing, his/her request for an administrative review must be read by all levels of the administrative review procedure, which shall consist of the following levels: (Each agency should note the appropriate levels within their structure at which administrative review would take place.)