Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 331 - PUBLIC ASSISTANCE MANUAL (TANF) › Chapter VI - Administrative Procedures

Current through 2024-29, July 17, 2024
FAIR HEARINGS/ADMINISTRATIVE HEARINGS
A TANF or PaS assistance group has an opportunity for a fair
				  hearing when it disagrees with actions affecting their benefits. Any request
				  for a hearing must be made within 30 days of the date of action. The Department
				  may waive time limits. Requests for hearings may be made orally or in writing
				  at the Regional Office or at the Central Office. All decisions of fair hearing
				  officers are binding on the Department with the exception of cases involving an
				  Order of in which case the Commissioner reserves the right to make the final
				  decision.
NOTE
: Recipients who are dissatisfied with any
				  action will upon request be given the opportunity to discuss their case with
				  the immediate supervisor. The assistance group will be advised that this
				  meeting with the supervisor is optional and will not delay or replace the fair
				  hearing. The basis for this meeting will be a review of the case situation to
				  determine any available resolution of the problem.
Time Limits on Hearings
The 30 day time limit on requesting a hearing may be extended
				  at the discretion of the Department for one of the following reasons:
1. the recipient has registered a prior
				complaint on the same action
2. the
				recipient was unable to request earlier due to circumstances beyond their
				control
The decision to extend the request deadline is made by the
				  Administrative Hearings Unit. A fair hearing need not be granted when either
				  State or Federal law requires automatic grant adjustments for classes of
				  recipients (mass changes) unless the reason for the request is incorrect budget
				  computation.
FAIR HEARINGS
The Department has 60 days from the date of the initial
				  request to hold the hearing, render the decision and notify the household.
				  Decisions will be implemented promptly.
NOTE
: When an Order of is requested the time
				  period is extended to 90 days (See Administrative Hearings Manual, Chapter VI,
				  Section B, page 5).
NOTE
: There may also be an extension of this 60
				  day time limit in the instance when a continuance is requested.
Departmental Responsibilities on Hearing
				  Requests
1. Provide documents
				and records requested by the recipients or their representatives,
2. Advise the recipient that they may present
				their own case or may have the aid of others including legal counsel,
3. Advise the recipient of legal services
				available.
4. Provide the recipient
				with adequate opportunity to:
a. examine the
				contents of the case file and all documents and records to be used by the
				Department at the hearing at a reasonable time before the date of the hearing
				as well as during the hearing;
b.
				present witnesses in their own behalf;
c. subpoena witnesses;
d. establish pertinent facts;
e. advance any arguments without undue
				interference; and
f. confront and
				cross-examine adverse witnesses.