Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 1 - ADMINISTRATIVE HEARINGS REGULATIONS › Section 144-1-VI - HEARING PROCESS

Current through 2024-29, July 17, 2024
A.
Introduction
Hearings may be initiated by either an "appellant" or by the
				  Department. Hearings initiated by an appellant are done so pursuant to an
				  appeal (sometimes referred to as a "request") for a hearing. Hearings initiated
				  by the Department are done so pursuant to a "notice" of hearing which is sent
				  to the person whose rights are at stake ("respondent"). When the Department
				  initiates a hearing, material concerning the hearing appears in a "notice"
				  prepared by the Departmental division involved. This notice is sent to the
				  other parties and the Division of Administrative Hearings.
When an appellant initiates a hearing, the request for the
				  hearing is referred to the Departmental division or other entity involved. The
				  Departmental division or other entity then processes the request by preparing a
				  "Hearing Report". Generally, the Hearing Report together with the request for
				  hearing is sent directly to the Division of Administrative Hearings. In certain
				  instances, the "Hearing Report" and request for hearing are sent to the
				  Commissioner. In the latter instance, the Commissioner may elect to refer the
				  matter to the Division of Administrative Hearings with special instructions,
				  usually reserving for the Commissioner final decision-making authority with
				  respect to that particular matter. In such cases, the Commissioner refers the
				  request to the Division of Administrative Hearings under an "Order of
				  Reference", see generally Section
				  VI(B)(5),
				  below.
B.
Appellant
				Request for Hearing
1.
Communications Treated as Hearing Requests.
Unless otherwise
				provided by law or agency regulation, the Department will process as a hearing
				request any clear expression, oral or written made by an appellant or person
				lawfully acting on an appellant's behalf, to the effect that the appellant
				wants a hearing.
2.
Requests
				Forwarded to Appropriate Division.
Any agency employee who receives a
				hearing request will commit the request to writing if oral, and immediately
				will forward the request to the appropriate Departmental division. This section
				does not permit oral requests for hearings where a Department regulation
				requires a written request pursuant to the terms of Section
				VI(B)(1).
3.
Hearing Report.
The division
				or entity involved will complete a report on the case, which will include all
				information called for on the Hearing Report form. The Hearing Report will then
				be sent to the Division of Administrative Hearings, unless it should be sent to
				the Office of the Commissioner pursuant to Section
				VI(B)(5) below. The
				Division of Administrative Hearings may send back hearing reports to the
				division or other entity from which they came for necessary clarification of
				issues and supplementation of material.
4.
Requirement of Hearing
				Disputed.
In any matter in which the involved division believes that an
				adjudicatory hearing is not required by law, the division shall forward its
				written reasons in support of its position, together with a hearing report, to
				the Chief Administrative Hearing Officer and the appellant. The appellant shall
				be informed of his/her/their right to provide written reasons as to why in the
				appellant's opinion a hearing is appropriate. The Chief Administrative Hearing
				Officer or designee shall make a final determination as to whether or not a
				hearing is required. Provided, however, should it appear to the Chief
				Administrative Hearing Officer that a determination as to whether or not a
				hearing is required is dependent upon the finding of additional facts, the
				Chief Administrative Hearing Officer may refer the issue to a Hearing Officer
				for the purpose of holding a hearing to determine such facts.
5.
Order of Reference
a. Issuance of an Order of Reference:
(i) All hearing reports prepared by the Maine
				Center for Disease Control and Prevention, the Office of MaineCare Services,
				and the Office of Child and Family Services, or their successor units, shall be
				sent to the Chief Administrative Hearing Officer who will consult with the
				Office of the Commissioner to determine whether an Order of Reference will be
				issued unless otherwise provided by law or agency rule or by direction of the
				Commissioner.
(ii) Hearings
				involving other Offices and Divisions: The Chief Administrative Hearing Officer
				or the director of any Departmental unit, may request the Office of the
				Commissioner, or the Commissioner's designee, to issue an Order of Reference
				for a particular matter. In determining whether to issue an Order of Reference,
				the Commissioner or the Commissioner's designee may consider the following: the
				complexity of the matter, whether a substantial public interest in the subject
				matter of the hearing exists, whether the matter to be reviewed is novel or
				unusual, and any other consideration deemed relevant.
b. Referring the Hearing Request to the
				Division of Administrative Hearings:
When the Commissioner has determined whether to issue an
				  Order of Reference, he/she/they will refer the hearing request to the Division
				  of Administrative Hearings for processing.
(1) If the Commissioner chooses to issue an
				Order of Reference the Division of Administrative Hearings shall assign a
				presiding officer who will prepare written findings and recommended decision as
				directed by the Order of Reference.
(2) If the Commissioner chooses not to issue
				an Order of Reference, the Division of Administrative Hearings shall assign a
				presiding officer who will make the final decision for the agency.
c. Delegation
Any matter handled by the Commissioner under this section may
				  be delegated to the Chief Administrative Hearing Officer by the
				  Commissioner.
6.
Requests Received at the Division of Administrative Hearings.
Upon
				receipt of a Hearing Report or an Order of Reference, the Division of
				Administrative Hearings will assign a Hearing Officer to preside and will
				notify all parties of the time and place of hearing.
Where it appears that the matter should be treated pursuant
				  to an Order of Reference, the Division of Administrative Hearings may first
				  forward the case to the Office of the Commissioner for processing pursuant to
				  Section VI(B)(5) above.
Nothing in this section shall be construed as diminishing the
				  authority of a Departmental division to schedule hearings itself pursuant to
				  Section VI(D)(1).
7.
Notice of Hearing.
The notice
				of hearing shall be in a form complying with all requirements of the
				Departmental program involved and will contain at least the following
				information:
a. The statutory or regulatory
				basis for the hearing;
b. The
				purpose of the hearing;
c. The
				issues to be considered at the hearing;
d. The rights of the parties, including the
				rights to present evidence and arguments, subpoena witnesses, to cross-examine
				opposing witnesses, be represented by legal counsel, and to have the hearing
				rescheduled or continued for cause; and
e. The address and telephone of the Division
				of Administrative Hearings.
8.
Manner of Hearing.
The
				Division of Administrative Hearings may conduct a hearing or pre-hearing
				conference in person, by telephone, by videoconferencing, or by other remote
				means. In determining whether to conduct a hearing or pre-hearing conference in
				person or by remote means, the factors to be considered include, but are not
				limited to the following:
a. Whether a party
				has timely and reasonably requested that a hearing or conference be held
				in-person;
b. The location of the
				hearing or conference if it were to be held in-person;
c. The number of hearings that otherwise
				could feasibly be scheduled at the same location as the in-person hearing or
				conference;
d. The cost factors
				involved to the Department, the Division of Administrative Hearings, and the
				parties in holding a hearing or conference in-person as opposed to
				remotely;
e. The number of
				witnesses and/or exhibits required to be introduced;
f. Safety considerations for the parties and
				witnesses;
g. The seasonal weather
				conditions; and
h. Any other
				reasonable consideration.