Current through Register 1527, August 2, 2024
Section 11.07 - Appeals of the Secretary's Decision(1) A decision of the Secretary after hearing, under 651 CMR 11.03(1) only shall be appealable to the federal Assistant Secretary on Aging under 42 U.S.C. 3025(a)(5)(C)(ii)(V) by filing such request for appeal with the reasons stated with the General Counsel of EOEA within ten days following receipt by the appellant of such Secretary's decision. The General Counsel of EOEA shall file such appeal with the Assistant Secretary in accordance with any applicable federal rules.(2) An adversely affected party involved in an action or proceeding described in 651 CMR 11.07 may bring an appeal on the basis of the facts and merits of the matter or on procedural grounds.(3) A filing of an appeal of the Secretary's decision shall stay the proposed actions by EOEA under 615 CMR 11.03(1) as set forth in the Secretary's decision until receipt by both parties of the Assistant Secretary on Aging's decision.