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-VIII - DECISIONS

Current through 2024-29, July 17, 2024
A.
Decision Making
1.
Burden of Persuasion.
The
				burden of persuasion shall be governed by state and federal law and regulations
				applicable to the subject matter of the hearing. If such law and regulations
				are silent, the party who asserts the truth of a claim is under a burden to
				persuade the Hearing Officer that the claim is true.
2.
Finding of Fact to be Based Upon a
				Preponderance of Evidence.
After opposing parties have produced evidence
				and counter- evidence, the Hearing Officer will consider and compare all the
				evidence on every relevant allegation of fact. Each finding of fact made by the
				Hearing Officer shall be supported by a preponderance of the evidence unless a
				different standard is required under regulations applicable to a particular
				program.
3.
Applicable
				Law
a. The decision must be based on
				the agency's regulations and the evidence which is a matter of hearing record.
b. Where the agency's regulations
				are ambiguous or silent on a point critical to a determination, reference to
				other sources of law for guidance in interpreting the agency's regulations is
				appropriate. Such other sources of law may include, but are not necessarily
				limited to, State and Federal statutes, Federal regulations and State and
				Federal case law. When a Hearing Officer relies upon sources of law other than
				the agency's regulations, the written decision shall indicate the source of the
				law upon which the Hearing Officer relied and the reasons for that
				reliance.
4.
Content of Hearing Decision
a.
				The decision of the Hearing Officer shall contain at least the following:
i. A clear and precise statement of the
				issues: the dispute under consideration and the specific points which must be
				resolved to decide the case;
ii. A
				listing of the date and place of hearing and participants at the
				hearing;
iii. A listing of all the
				material, including records, reports and other documents placed into evidence
				at the hearing, upon which the hearing decision is based;
iv. The findings of fact, based upon the
				entire hearing record, including testimony, exhibits, etc. The findings must be
				sufficient to apprise the parties and any interested member of the public of
				the basis for the decision. If evidence is in conflict on an issue necessary to
				resolution of a case, the Hearing Officer must set forth the reasoning employed
				in reconciling the conflict;
v. A
				clear and precise statement of decision, resolving the dispute (s) under
				consideration;
vi. A clear
				explanation of the reasoning underlying the decision, including references to
				applicable law; and
vii. Written
				notice of a party's right to review or appeal of a decision within the agency
				or review of a decision by the courts, as the case may be, and of the action
				required and the time within which such action must be taken in order to
				exercise the right of review or appeal.
b. In cases where the parties have mutually
				agreed to the outcome of a hearing ('consent decisions') the content of a
				consent decision need not include all of the information required by Section
				VIII(A)(4)(a) above.
				Any consent decision, however, shall state with clarity the following: The
				identity of the parties involved; the subject matter of the decision; the
				results of the consent decision; and a determination that the result is in
				accordance with applicable law.
5.
Recommended Findings and
				Decision
In any case in which law or regulation or special
				  instructions from the Commissioner dictate that an individual other than the
				  Hearing Officer will make a final hearing decision, the Hearing Officer will
				  prepare a recommended hearing decision rather than a final hearing decision. A
				  recommended decision will be made on the same basis and in the same form as a
				  final decision. Copies of recommended decisions will be provided to all
				  parties, who will have an opportunity to submit exceptions and responses to the
				  final decision maker.
a.
Exceptions and Responses
In any case in which final decision making authority is
				  reserved to the Commissioner or the Commissioner's designee, the parties may
				  file exceptions and responses to the recommended decision.
i.
Time for filing
. For
				MaineCare cases, the exceptions and responses must be received by the Division
				of Administrative Hearings within 15 calendar days after the date the
				recommended decision was mailed to the parties. For all other cases (unless a
				statute or rule requires a shorter period), the exceptions and responses must
				be received by the Division of Administrative Hearings within 20 calendar days
				after the date the recommended decision was mailed to the parties. The date of
				mailing will be stamped on the upper right-hand corner of the recommended
				decision.
ii.
Content.
The written exceptions and responses filed with the Division of Administrative
				Hearings shall contain:
(aa.) A clear
				statement of the party's position and the reason for it;
(bb.) A listing of any errors or omissions
				made by the Hearing Officer during the decision making process;
(cc.) Any relevant legal arguments the party
				wishes to offer.
If additional factual information which could have been
				  presented and considered during the decision making process, including the
				  administrative hearing, is made part of the exceptions and responses, it need
				  not be considered by the final decision maker.
iii.
Method of filing.
Exceptions and responses must be sent to the Division of Administrative
				Hearings by mail, fax, or e-mail. Copies of written exceptions and responses
				must be provided to all parties.
iv.
Extensions.
A reasonable
				extension of time for the filing of exceptions and responses may be granted by
				the Chief Administrative Hearing Officer for good cause shown or if all parties
				agree.
6.
Constitutional Issues and Estoppel Issues
An appellant must raise constitutional issues before the
				  administrative agency to preserve them for appeal. If an appellant raises
				  constitutional or estoppel issues, these issues shall be addressed in
				  accordance with these rules, provided that the Hearing Officer shall consult
				  with the Chief Administrative Hearing Officer prior to rendering a final or
				  recommended decision.