112. How do you ask for a fair hearing?

También en

Notas finales

Massachusetts Law Reform Institute

You can ask for a hearing by

  • calling the Division of Hearings, 617-348-5321, or
  • sending a fax to Division of Hearings, fax 617-348-5311, or
  • writing to DTA Hearings, P.O. Box 4017, Taunton MA 02780‐0314

Fax is better because it gets there right away and you can get a fax receipt showing the Division of Hearings got the appeal.

Call 617-348-5321 or 800-882-2017 to see if DTA got your hearing request.

DTA has forms you can use to ask for a hearing. If you got written notice of DTA’s decision, you can ask for a hearing by filling out the hearing form that came with the notice. You can also just write your own letter. 106 C.M.R. § 343.240; Appendix E (DTA Online Guide Links).

You can also ask on your appeal form for:

  • a telephone hearing,
  • the hearing to be held in your home if you have a disability that makes it hard for you to go to DTA,
  • a "virtual hearing" held via video
  • an interpreter who is fluent in your primary language,
  • a sign language interpreter or auxiliary aids if you are deaf or hard of hearing, and
  • an “expedited” (quickly scheduled) appeal, if your family does not have benefits. 106 C.M.R. §§ 343.310, 343.450, 343.300(A). If you are appealing a termination or a reduction in benefits and you are getting benefits while you are waiting for the hearing, it is usually better not to ask for an expedited appeal.

Be sure to send your hearing request to the Division of Hearings, not your local DTA office.

How to reschedule your hearing

Call the Division of Hearings before the scheduled hearing date and ask for a new date. 106 C.M.R. § 343.320(A)(2). If you need to postpone more than once, you may need to show a good reason to reschedule.

If you miss the hearing without calling in advance, DTA will reschedule the hearing but the first issue at the hearing will be whether you had a good reason for missing the first hearing. Good reasons include an unexpected emergency. 106 C.M.R. § 343.320(D). Otherwise the Division of Hearings will dismiss your appeal. 106 C.M.R. § 343.320(B)(1).

¿Le resultó útil esta página?