Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 610 - MAINE AT-RISK CHILD CARE PROGRAM RULES › Section 144-610-7 - FAIR HEARINGS

Current through 2024-29, July 17, 2024
Federal and State law assures that any individual, or anyone
				  acting responsibly in the individual's behalf, who believes that proper
				  consideration has not been given to all circumstances surrounding the request
				  for assistance under the MARCC Program may request a fair hearing.
Written notification of the right of the individual to a fair
				  hearing is printed on applications, fee assessments and all routing forms of
				  notification of action to the family. The MARCC worker who rendered the
				  contested decision will participate in the fair hearing as a representative of
				  the agency. All participant's witnesses will testify under oath.
In every written notification, at the time of application and
				  at any time of agency action on eligibility the notice will inform the
				  individual:
of the right to a fair hearing,
									 of the method by which a hearing may be obtained,
					 and
									 that the individual may be represented by legal
					 counsel or a relative, friend or other spokesman or may represent himself.
					 (Although entitled to legal counsel, the agency cannot pay for such
					 services.)
Any party may subpoena witnesses and evidence through a
				  request through the hearing officer who will have the subpoena issued through
				  the Assistant Attorney General. The Department will bar any expense of issuance
				  and costs of reimbursement to witnesses.
The Department may respond to a series of individual requests
				  for fair hearings by conducting a single group hearing. It will only
				  consolidate cases in which the sole issue involved is one of federal or state
				  law or Department policy. If individuals request a group hearing on such an
				  issue, the agency will grant it. In all group hearings, whether initiated by
				  the agency or by the claimants, the policies governing fair hearings will be
				  followed. Thus, each individual claimant will be permitted to present the
				  individual's own case and be represented by a lawyer. If, at any time, an
				  individual scheduled for a group hearing desires to withdraw and have an
				  individual hearing, such will be arranged.
Any request for a fair hearing must be received by the agency
				  within thirty days of the date of notice unless the Department wishes to grant
				  an extension of time when:
the individual has registered a previous complaint
					 about the same action, or
									the claimant requests a delay in order to prepare the
					 case or for other essential reasons.
If the request for the hearing is made within ten days of the
				  date of notice, benefits will continue pending the hearing decision.
A request for a hearing will be acknowledged in writing by
				  the Department within five days of its receipt by the naming of a date, time
				  and place for the hearing which will take into consideration the convenience of
				  the individual. The individual will be notified with adequate preliminary
				  information about the hearing procedure necessary for effective preparation of
				  the case at least ten days notice prior to the hearing. The individual will be
				  assisted with travel arrangements to the hearing insofar as possible. The
				  Department will not pay costs of travel.
At the same time notice is sent to the claimant, a copy of
				  the hearing request and acknowledgment letter will be forwarded to the MARCC
				  Program worker. The MARCC worker will make a report of the circumstances prior
				  to the hearing and submit a report to the hearing officer if so
				  instructed.
The individual or representative will have the
				  opportunity:
to examine the individual's case file and all
					 documents and records to be used at the hearing at a reasonable time prior to
					 the hearing, or at the hearing itself, and, upon request, to receive copies
					 free of charge or relevant documents and records.
									 at the individual's option, to present the case alone
					 or with the aid of others including legal counsel;
									to bring witnesses;
									 to establish all pertinent facts and
					 circumstances;
									 to advance any arguments without undue
					 interference;
									 to question or refute any testimony or evidence
					 including opportunity to confront and cross examine adverse
					 witnesses.
Non-record or confidential information which the claimant
				  does not have an opportunity to hear or see is not made a part of the hearing
				  record or used in a decision on the appeal. The hearing officer does not review
				  the case record or other material prior to the hearing unless such material is
				  made available to the claimant or the representative.
Prompt, definitive and final administration will be taken no
				  later than 60 days from the date of the initial request for the fair hearing
				  except where the individual requests a delay in the hearing.