89. How do I ask for a fair hearing?
You can ask for a hearing by
- 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 is faster and you can get a fax receipt showing when you sent the request to the Division of Hearings.
Call 617-348-5321 or 1-800-882-2017 to see if DTA got your hearing request.
DTA has forms you can use to ask for a hearing. See sample in Appendix G. If you got written notice of DTA’s decision, you can ask for a hearing by filling out the back of one copy of the notice. You can also just write your own letter. 106 C.M.R. § 343.240.
You should write the reason why you want a fair hearing. It is best to give a general reason, such as "I disagree with DTA’s decision." If you are not sending the hearings division the original notice of action from DTA, you should give more detail about what action you want to appeal. You can also ask on your appeal form that:
- the hearing be held in your home if you are disabled and homebound, 106 C.M.R. § 343.310;
- an interpreter be provided for either a foreign language or for American Sign Language (ASL), 106 C.M.R. § 343.450(A)(9); and
- an “expedited” (quickly scheduled) appeal, if you do not have benefits and need help quickly, 106 C.M.R. § 343.300(A)(9).
Be sure to send your hearing request to the Division of Hearings, not your local DTA office.