Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 3 - DEFINITION OF MENTAL RETARDATION AND AUTISM; APPEAL PROCEDURE › Section 197-3-3 - APPEAL PROCESS

Current through 2024-29, July 17, 2024
It is the policy of the Office to ensure that needed services
				  are provided to persons with mental retardation and/or autism in accordance
				  with the laws of the State of Maine to the extent resources permit.
Further, it is the policy of the Office to provide for review
				  of a decision in which a person is found ineligible for services from the
				  Office.
Whenever the regional office of the Office determines that an
				  applicant is not eligible to receive services, the applicant, the applicant's
				  legal guardian, or anyone acting on his/her behalf, shall be advised by the
				  regional office, in writing, of such a determination and of his/her right to
				  appeal that decision and of the availability of an advocate to assist, if the
				  applicant so desires, in pursuing a review of the determination. In the absence
				  of anyone acting on behalf of the applicant, the applicant shall be notified,
				  both verbally and in writing, of the ineligibility determination and the Office
				  of Advocacy shall be notified.
OFFICE DIRECTOR REVIEW
The applicant, the applicant's legal guardian or anyone
				  acting on behalf of the applicant, may request a review of the decision. The
				  request for review shall be in writing and be submitted to the director of the
				  Office. The written request shall be submitted within sixty (60) calendar days
				  of the date of receipt of the written determination from the regional office.
				  In the absence of anyone acting on behalf of the applicant, the applicant shall
				  be notified, both verbally and in writing, and the sixty (60) day timeframe
				  shall begin to run on the date when both forms of notification have been
				  completed.
Upon receipt by the Director, and within twenty-one (21)
				  working days of receipt of the written request for review, the Director, or
				  his/her designee, shall schedule a meeting. The meeting shall include the
				  applicant, his/her representative and the appropriate regional staff of the
				  Department.
The Director or designee shall hear and give consideration to
				  all relevant information presented at this meeting and render a decision within
				  twenty-one (21) calendar days of the date of the meeting.
This meeting shall be electronically recorded. The Director's
				  decision shall be in writing, sent to all parties present at the meeting, and
				  shall contain the following:
1. a
				statement of the issue,
2. relevant
				facts brought out at the meeting,
3. pertinent provision of law related to the
				decision,
4. the decision and the
				reason for the decision,
5. the
				procedure to request an appeal.
COMMISSIONER REVIEW
The applicant or anyone acting on his/her behalf may request
				  that the Commissioner review the Office Director's decision. A request for this
				  review shall be submitted in writing within fifteen(15) working days of the
				  date of receipt of the Office Director's decision. The request shall be
				  submitted to the Commissioner who shall arrange, within twenty-one (21)
				  calendar days of receipt of the request, for a meeting to be conducted by the
				  Commissioner's designee.
The meeting shall include the applicant, his/her
				  representative and the appropriate regional staff of the department.
The Commissioner or designee shall review the decision made
				  by the Director. The Commissioner shall hear and give consideration to any
				  relevant information presented at the hearing and render a decision within
				  twenty-one (21) calendar days of the date of the meeting.
The meeting shall be electronically recorded. The
				  Commissioner's decision shall be in writing, sent to an parties present at the
				  meeting, and shall contain the following:
1. a statement of the issue,
2. relevant facts brought out at the
				meeting,
3. pertinent provision of
				law related to the decision,
4. the
				decision and the reason for the decision,
5. the right of the applicant to appeal this
				final agency action
Further review may be sought through the procedures as set
				  forth In the Maine Administrative Procedure Act, Chapter 375, sub-chapter VII (
				  5 MRSA, Section11001,
at seq
.). This statute provides for
				  further appeal.