[HISTORY: Adopted by the Board of Selectmen of the Town of Middleton. Amendments noted where applicable.]
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.
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.
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.
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.
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.
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.
Interpreter or reader services shall be provided to any person who is in need of them.
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.
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.
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.
Any evidence which is immaterial, irrelevant, or unduly repetitious shall not be admitted at the fair hearing.
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.
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.
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.
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.
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.