An Act To Establish Standards for the Administration of General Assistance Programs
Maine Legislature, Session 125, LD 1431
Committee: Health and Human Services
Sponsors: STUCKEY, JACKSON, FREDETTE, ROTUNDO, ALFOND, FARNHAM
Amends: 22 MRSA §4323, 22 MRSA §4327, 22 MRSA §4328, 22 MRSA §4329

Legislative Document 
No. 1431 
H.P. 1052 
House of Representatives, April 7, 2011 
An Act To Establish Standards for the Administration of General 
Assistance Programs 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STUCKEY of Portland. 
Cosponsored by Senator JACKSON of Aroostook and 
Representatives: FREDETTE of Newport, MacDONALD of Boothbay, ROTUNDO of 
Lewiston, Senators: ALFOND of Cumberland, FARNHAM of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4323, sub-§1, as amended by PL 1985, c. 489, §§11 and 14, is 
further amended to read: 
1.  Review.  The department shall review the administration of general assistance in 
each municipality for compliance with this chapter.  This review shall must be made on a 
regular basis and may be made in response to a complaint from any person as necessary.  
The department shall inspect the municipality's records and discuss the administration of 
the program with the overseer.  The overseer or his the overseer's designee shall be 
available during the department's review and shall cooperate in providing all necessary 
information.  
The department shall report the results of its review in writing to the municipality and, 
when applicable, to the complainant.  The written notice shall must set forth the 
department's findings of whether the municipality is in compliance with this chapter.  If 
the department determines that a municipality is not in compliance with this chapter, the 
department shall establish a corrective action plan pursuant to section 4329, subsection 3. 
Sec. 2.  22 MRSA §4323, sub-§2, as enacted by PL 1983, c. 577, §1 and amended 
by PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. 3.  22 MRSA §4327 is enacted to read: 
§4327.  Municipal certification 
The department shall certify that a municipality is qualified to administer a general 
assistance program in accordance with this section if the department determines that the 
municipality is operating a general assistance program in accordance with this chapter 
and the following standards: 
1.  Electronic records required.  The municipality must maintain an electronic 
record of all applications for general assistance and the disposition of each, including 
whether the application was granted or denied in whole or in part; the basis for the 
decision; and the amount and type of any general assistance provided; 
2.  Training and certification.  All overseers and any others responsible for taking 
applications or determining eligibility for general assistance in the municipality must be 
certified by the department and recertified at least every 2 years as evidenced by the 
successful completion of a training program established by the department by routine 
technical rule that provides information related to current laws and rules governing the 
general assistance program; 
3.  Verification of information.  The municipality must be able to verify available 
information needed to determine eligibility for general assistance by electronic data 
interchange with the department; and 
4.  Assistance in accessing appropriate resources.  The municipality must assist 
general assistance applicants and recipients to access other resources available to help 
them meet their basic necessities.  If an applicant or recipient has an illness or disability 
that may be severe enough to qualify that individual for social security disability 
insurance benefits or supplemental security income disability benefits, the municipality 
must:  assist that individual to complete or arrange for assistance needed by that 
individual to complete the required application; ensure that appropriate and 
comprehensive medical evidence is submitted in support of the application; arrange for 
any additional medical assessment necessary to establish the individual's disability; and 
obtain legal representation for the individual to appeal an adverse disability benefits 
decision when appeal is warranted. 
Sec. 4.  22 MRSA §4328 is enacted to read: 
§4328.  Decertification; alternative administration 
1.  Failure to certify; decertification.  If a municipality is not certified to administer 
a general assistance program under section 4327, or, if certified, has not administered the 
program in accordance with law and has failed to meet the requirements of a corrective 
action plan established under section 4329, the department shall administer the general 
assistance program in that municipality or contract with another municipality or nonprofit 
organization to administer the program in that municipality. 
2.  Financial obligation.  A municipality that is not certified to administer a general 
assistance program under section 4327 remains financially responsible for municipal 
general assistance provided to any individual for whom it is the municipality of 
responsibility by an alternative entity pursuant to subsection 1. 
3.  Reimbursement for administrative cost.  An entity that administers a general 
assistance program for a municipality pursuant to subsection 1 is entitled to receive an 
administrative fee for that administration in accordance with rules adopted by the 
department.  Such administrative payments are limited to revenue received in 
reimbursement for assistance from social security administration interim assistance 
agreements that is in excess of the amount received by the department from such interim 
assistance reimbursements in state fiscal year 2009-10. 
Sec. 5.  22 MRSA §4329 is enacted to read: 
§4329.  Improper administration 
1.  Complaints of improper administration.  If the department determines that a 
municipality is not administering its general assistance program in compliance with this 
chapter or if it receives a number of complaints from individuals in a particular 
municipality pursuant to section 4323 related to alleged improper administration of a 
general assistance program that exceeds the average number of complaints made under 
that section per municipality, taking into account municipal size, the department shall 
immediately investigate the administration of the general assistance program in that 
municipality. 
2.  Department investigation.  The results of the department's investigation pursuant 
to subsection 1 must be communicated to the municipality and any individual whose 
complaint gave rise to the investigation.  The results of the department's investigation 
must include specific findings arising from the investigation and the specific reasons 
underlying the department's determination whether the municipality was operating its 
general assistance program in accordance with law and the department shall inform the 
municipality and complainant of the right to a fair hearing to review the decision of the 
department.  A fair hearing under this section must be conducted pursuant to the 
department's administrative hearing rules with a right of appeal pursuant to the Maine 
Rules of Civil Procedure, Rule 80C. 
3.  Corrective action plan.  If the department determines that a municipality has 
improperly administered its general assistance program, the department shall establish a 
corrective action plan for that municipality.  The corrective action plan must provide that 
an individual found as a result of the department's review to be improperly denied general 
assistance in whole or in part must be given notice of the opportunity to reapply for 
general assistance, including the right to appeal any subsequent denial of general 
assistance.  If the municipality fails to comply with the terms of the corrective action plan 
as evidenced by additional complaints or determined through department review, it is no 
longer certified to administer a general assistance program and the department shall 
designate another entity to administer the general assistance program in that municipality 
under section 4328. 
4.  Determination; right to fair hearing.  A determination relative to the 
decertification of a municipality under this section must be communicated to the 
municipality and to an individual whose complaint gave rise to the action promptly in 
accordance with rules established by the department.  The determination must include the 
specific reason or reasons for the action and must inform the municipality and 
complainant of the right to a fair hearing to review the decision relative to decertification 
of the municipality.  Any final decision reversing a finding by the department that a 
municipality did not fail to comply with the terms of a corrective action plan must result 
in decertification of that municipality under this section.  A fair hearing under this section 
must be conducted pursuant to the department's administrative hearing rules with a right 
of appeal pursuant to the Maine Rules of Civil Procedure, Rule 80C. 
SUMMARY 
This bill establishes standards for municipal administration of a general assistance 
program.  It requires the Department of Health and Human Services to certify that a 
municipality is qualified to administer a general assistance program based on the 
standards and applicable law.  If the department determines that a municipality has 
improperly administered its general assistance program, the department shall establish a 
corrective action plan for that municipality.  If a municipality is not certified to 
administer a general assistance program or, if certified, has not administered the program 
in accordance with law and has failed to meet the requirements of a corrective action 
plan, the department shall administer the program in that municipality itself or contract 
with another municipality or nonprofit organization to administer the program in that 
municipality, with the decertified municipality remaining liable for the cost of the 
program.