(1) Decisions by the Hearing Officer can be appealed by the youth or the Department. If either party wishes to file an appeal, they may do so, in writing, within seven days of receipt of the decision to the Commissioner, or designee.(2) The Commissioner, or designee, will review the case record and render a decision within 14 calendar days of receipt of the appeal.(3) The Commissioner, or designee, may grant an expedited review of a youth's appeal upon request, where the request is timely filed and he or she determines that the circumstances put forth to justify the request warrant such review.(4) In deciding an appeal, the Commissioner or designee's review shall be confined to the submitted appeal, any response by the non-moving party, and materials or evidence submitted for consideration at the hearing. The Commissioner, or designee, will review appeals to determine whether the Hearing Officer or RRT's decision was: (a) Beyond the authority of the Hearing Officer or RRT;(b) Based on an error of law or procedure;(c) Unsupported by the weight of the evidence; or(d) Arbitrary and/or capricious.(5) The decision of the Commissioner, or designee, shall be final.Amended by Mass Register Issue 1329, eff. 12/30/2016.