Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION › Section 144-351-12-4 - REQUESTING A HEARING - PROCEDURE

Current through 2024-29, July 17, 2024
A. To request
				  an administrative review hearing, the parent must serve the Division with a
				  hearing request and an affidavit that states the grounds for the review
				  ("review affidavit"). The request and affidavit may be combined as one
				  document. Service is made by delivering the hearing request and the review
				  affidavit to any office of the Division or by sending them by regular mail to:
DHS Hearings Coordinator
Division of Support Enforcement and Recovery
State House Station 11
Augusta, Maine 04333-0011
Hearing request forms and review affidavits are available
					 from the Division upon request. The review affidavit may be executed by the
					 parent, the parent's attorney, or other person authorized to act on behalf of
					 the parent. The requesting parent must execute the review affidavit if the
					 affidavit contains a material statement of fact (as it must, for example, on a
					 request for an amendment hearing), unless the parent is disabled from doing so.
					 A statement affirmed under the penalties for unsworn falsification may be used
					 instead of an affidavit.
B.
				  If a responsible parent serves the Division with a hearing request but does not
				  submit a review affidavit, the Division shall notify the responsible parent in
				  writing of the requirement to submit a review affidavit. The Division shall
				  provide a blank review affidavit form with the notice. The Division shall
				  consider the review affidavit to be served timely if it is postmarked or
				  received within the time allowed for a hearing request or within 15 days of the
				  postmark date of the Division's notice that the responsible parent must submit
				  a review affidavit. The Division shall send the notice of hearing required by
				   19-A M.R.S.
				  §2451(1) within 7 days
				  of receiving the responsible parent's executed affidavit.
C. When the Division receives a responsible
				  parent's request for an appeal hearing, the Division may serve its own review
				  affidavit with the notice of hearing the Division sends to the parents. The
				  Division shall set forth in its review affidavit any issues it believes should
				  be reconsidered on appeal. The Department shall address the issues raised by
				  the requesting parent and the Division at the appeal hearing and shall render a
				  decision on all issues raised.
D.
Failure to set forth reviewable issues; hearing requests not made timely;
				  disputed hearing requests
1. If the
				  Division determines that the responsible parent's review affidavit presents no
				  issue that is reviewable at an administrative review hearing, or if a hearing
				  is not required by law, it shall forward its written reasons in support of its
				  position, together with a hearing report, to the Chief Administrative Hearing
				  Officer and the responsible parent. The Chief Administrative Hearing Officer or
				  designee shall apply Rule VI(B)(4) of the Administrative Hearings Manual in
				  making a final determination as to whether to grant the hearing request. The
				  Division shall issue the responsible parent a notice of hearing if the Division
				  can reasonably interpret the responsible parent's hearing request and review
				  affidavit to state a reviewable issue.
2. If it appears to the Division's Hearings
				  Coordinator that a request for hearing has not been made timely, the Division's
				  Hearings Coordinator shall proceed in accordance with Rule VI(B)(4) of the
				  Office of Administrative Hearings Manual.
3. This subsection does not amend or limit
				  the requirements of Section 5, below.