Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 20 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 152-20-5 - Administrative Review Procedure

Current through 2024-29, July 17, 2024
The Administrative Review Procedure is available to an
				  Agency's Executive Director or President of the Board of Directors whenever a
				  decision(s) has been made by personnel within the funding Bureau(s) during
				  monitoring and the agency is aggrieved by a decision(s).
A. Procedure
1. In order to initiate this process an
				agency must request an administrative review in writing, stating the decision
				it is aggrieved by and its objections thereto.
This request shall be made to the Director, Bureau of
				  Rehabilitation Services, and/or the Director, Bureau of Mental Retardation,
				  and/or the Director, Bureau of Mental Health. Copies of the request shall be
				  sent to the Bureau(s) regional representatives.
2. Within 20 days of the receipt of the
				request for administrative review, the Bureau Director(s) or designee(s) shall
				assign an administrative review panel to meet with the agency.
The administrative review panel shall reflect representation
				  from the funding Bureau(s), and a representative from a community agency. Panel
				  members shall not be from the same region in which the requesting agency's
				  facility is located, nor shall the panel members have participated in any way
				  in the decision(s) being challenged. The requesting agency shall designate the
				  community agency representative accordingly.
3. The administrative review panel will make
				a record of the hearing with the requesting agency by recording the hearing in
				a form susceptible to transcription. The panel will also include in the record
				all material, including records and documents in the possession of the funding
				Bureau(s) upon which the challenged decision(s) was based, and all relevant
				documents offered by the requesting agency at the hearing.
The review will be conducted in an impartial manner. Every
				  party will have the right to present evidence and arguments on all issues, and
				  at the hearing to call and examine witnesses and to make oral cross-examination
				  of any person testifying.
4. The administrative review panel shall
				submit a written report to the Bureau Director(s) within five (5) working days
				of the date of their hearing, including recommended findings of fact and a
				recommended decision based on such findings. A copy of the report will be sent
				to the requesting agency, which may submit a response or exceptions to the
				report to the Bureau Director(s) within five (5) working days of receipt of the
				panel's report.
5. The Bureau
				Director(s) shall render a final decision within ten (10) working days of
				receipt of the administrative review panel's recommendations. The Bureau
				Director(s) decision shall be sent to the requesting agency, Bureau personnel
				as indicated by the Director(s), and the administrative review panel.
6. Further review of the Bureau Directors'
				decision may be sought from the Commissioner(s) by requesting in writing such a
				review within 10 days of the receipt of the Bureau Directors'
				decision.
7. The Commissioner(s)
				shall issue a written decision within 20 working days from receipt of a written
				request. Such decision shall constitute final agency action. Further judicial
				review may be sought through procedures as set forth in the Maine
				Administrative Procedures Act.