Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-3 - Definitions

Current through 2024-29, July 17, 2024
1.
Appeals clerk
. "Appeals
				clerk" means the dedicated clerk who acts as liaison between the hearing
				officer and the parties to an appeal. The appeals clerk shall avoid all
				communication with System staff, or MainePERS representatives, regarding
				substantive issues for cases on appeal. The appeals clerk shall address all
				policy and procedural questions to the clerk's supervisor, the system advisor
				or Board counsel.
2.
Board
. "Board" means the Board of Trustees of MainePERS.
3.
Board counsel
. "Board
				counsel" means the attorney general or the designated assistant attorney
				general assigned to represent the Board and to prepare the Board's
				decisions.
4.
Chief Executive
				Officer
. "Chief Executive Officer" means the Chief Executive Officer of
				MainePERS or their decision-making designee.
5.
Hearing officer
. "Hearing
				officer" means an individual who has contracted with the Board to conduct
				appeal proceedings under this Chapter.
6.
Medical review service provider.
"Medical review service provider" means an entity with whom the Chief
				Executive Officer has contracted for the review of medical records and the
				provision of recommendations, opinions and certifications by health care
				providers employed by the entity.
7.
Maine PERS or System
				Representative
. "MainePERS Representative" or "System Representative"
				means the person or persons advocating for the decision of the Chief Executive
				Officer in an appeal.
8.
Participating Local District
. "Participating local district" means
				a local district which has approved the participation of its employees in the
				Retirement System under 5 M.R.S. §
									18201.
9.
Party
. "Party" means the
				person bringing an appeal, MainePERS, and any person who intervenes in an
				appeal. If an appeal involves or affects a participating local district,
				"party" includes the participating local district, regardless of whether the
				participating local district actually participates as a party in the
				appeal.
10.
Person
.
				"Person" means any individual, partnership, corporation, governmental entity,
				association or public or private organization of any character, other than the
				Board or the System.
11.
Record
. "Record" means those materials required by 5 M.R.S. §
									9059 and this rule to be compiled
				in the course of an appeal.
12.
Staff
. "Staff" means an employee of MainePERS, other than the
				MainePERS Representative.
13.
Substantially larger caseload.
"Substantially larger caseload"
				means that the number of appeals a hearing officer is presiding over is at
				least five and exceeds the mean hearing officer caseload by at least
				30%.
14.
System
				advisor
. "System advisor" is a System employee who is knowledgeable in
				System policies, practices and procedures and who is available as an
				informational resource to assist the hearing officer, the Board and Board
				counsel.