Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 301 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RULES › FS-700's › 700 - ADMINISTRATION PROCEDURES › Section 144-301-700-FS 777-1 - Fair Hearings

Current through 2024-29, July 17, 2024
GENERAL RULE
- A household has an
						opportunity for a fair hearing when it disagrees with actions affecting its
						benefits. Any request for a fair hearing must be made within ninety days of the
						date of the 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 officials are binding on the
						Department.
NOTE:
Clients who are dissatisfied with any
						action shall be given the opportunity to discuss their case with the immediate
						supervisor. The household shall be advised that this meeting with the
						supervisor is optional and will not delay or replace a fair hearing.
TIME LIMITS ON HEARINGS - The Department has sixty days
						from the date of the request for a hearing to hold the hearing, render the
						decision, and notify the household. Decisions will be implemented
						immediately.
The household can have the hearing postponed for up to
						thirty days. The time limit is extended accordingly.
NOTE:
Hearing requests from households
						planning to move from the area within sixty days shall be processed faster than
						normal to enable a decision and possible restoration of benefits before they
						leave.
DEPARTMENTAL RESPONSIBILITIES ON HEARING
						REQUESTS
1) Provide without
					 charge the specific Department documents requested by the client or his
					 representative.
2) Provide a
					 translator, if necessary.
3) Advise
					 the household of legal services available.
DENIAL/DISMISSAL
- The Administrative
						Hearings Unit shall not deny or dismiss a hearing request unless:
1) the request is not received within ninety
					 days of the action.
2) the request
					 is withdrawn.
3) the household or
					 its representative fails to appear at the scheduled hearing, and does not
					 present evidence that his absence was beyond his control.
CONTINUATION OF BENEFITS
- If a household
						requests a hearing within twelve days of the notice, and the certification
						period has not expired, benefits shall be continued as authorized immediately
						prior to the notice unless the household waives continuation of
						benefits.
If the hearing request is not made within twelve days,
						benefits shall be reduced or terminated, as stated in the notice.
NOTE:
If the Department is upheld, a claim
						against the household shall be established for all over-issuances which
						resulted from the continuation of benefits.
CHANGING BENEFITS PENDING A HEARING DECISION -
Benefits shall not be changed prior to the hearing decision
						unless:
1) the certification period
					 expires.
2) a subsequent change
					 affects the household's benefits.
3) a mass change occurs, affecting the
					 household's eligibility or benefit level.
NOTIFICATION OF HEARING
- The time, date,
						and place of the hearing shall be arranged so that the hearing is accessible to
						the household. Written notice to all parties shall be provided at least ten
						days prior to the hearing. The notice shall:
1) give the time, date, and place of the
					 hearing.
2) give the name, address,
					 and telephone number of the person to notify if it is not possible for the
					 household to attend.
3) specify
					 that the Department will dismiss the request if the household or its
					 representative fails to appear without good cause.
4) include the hearing procedures.
5) state that the household or its
					 representative may examine the case file prior to the hearing.
THE HEARINGS OFFICER
- Hearings shall be
						conducted by a Department hearing officer. The hearing officer shall:
1) administer oaths to all
					 witnesses.
2) ensure that all
					 relevant issues are considered.
3)
					 request, receive, and make part of the record all necessary evidence.
4) regulate the hearing consistent with due
					 process.
5) render a decision.
ATTENDANCE AT THE HEARING
- The hearing
						shall be attended by at least one agency representative and at least one
						household representative.
HOUSEHOLD'S RIGHTS
1) The household shall be given an
					 opportunity to examine all evidence at a reasonable time before the hearing, as
					 well as at the hearing. The contents of the case file shall be made available.
EXCEPTION:
Do not disclose the names of
						persons who have informed on the household and do not disclose the nature or
						status of any pending criminal prosecutions. Information that is protected from
						release cannot be presented at the hearing.
2) Present the case itself or have it
					 presented by a legal counsel or other person.
3) Bring witnesses.
4) Advance arguments without undue
					 interference.
5) Submit evidence to
					 establish all pertinent facts and circumstances in the case.
6) Subpoena witnesses.
THE HEARING DECISION
- The decisions of the
						Hearings Unit shall comply with the Federal law and regulations, and shall be
						based on the hearing record. The verbatim transcript or recording of testimony
						and exhibits, or an official report containing the substance of what transpired
						at the hearing, together with all papers and requests filed in the official
						proceeding, shall be retained for three years. This record shall also be
						available, upon request, to the household or its representative at any
						reasonable time for copying and inspection at no cost.
A decision by the Hearings Unit shall be binding on the
						Department and shall summarize the facts of the case, specify the reasons for
						the decision, and identify the pertinent Federal regulations. The decision
						shall become part of the record.