SECTION 2: Section 23 of chapter 123 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding after the seventh paragraph the following paragraphs:
Any person who believes that their aforementioned rights in clauses (a) to (f), inclusive were violated may seek redress through the following procedure:
Any person alleging such violation shall file a written request for a hearing with the Department stating facts regarding the right(s) violated and requesting a hearing based on the alleged violation.
An impartial hearing officer shall select a hearing location convenient to the Department and to the client and shall conduct the hearing, which shall be an adjudicatory proceeding pursuant to section 11 of Chapter 30A, in not less than 10 business days and not later than 30 business days after the receipt of the request for the hearing. The client and the Department may be represented by an attorney or other person and shall be afforded the opportunity to present evidence, to examine adverse evidence and to examine and cross-examine witnesses.
Within 30 business days after the conclusion of the hearing, the hearing officer shall prepare a written decision containing findings of fact and conclusions of law based on the evidence received at the hearing. Said decision may order such remedial relief as necessary. If the person is likely to be discharge in less than 30 days after admission, the hearing shall be held within one business day of the issuance of the Department's finding and recommendations, unless otherwise requested by the person complaining, and the hearing officer shall issue a decision within one business day of the hearing. In both cases, the hearing officer shall submit copies of the decision, together with notice of appeal rights, to the client and the Department. The decision may be appealed to the superior court pursuant to section 14 of chapter 30A.
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