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-IX - MISCELLANEOUS
Universal Citation: 10 ME Code Rules ยง 144-1-IX
Current through 2024-38, September 18, 2024
A. Confidentiality
These regulations shall be interpreted and implemented in a manner which insures that confidential information is not disclosed to unauthorized persons.
B. Computation of Time
In computing any period of time provided for by these regulations, the following shall apply:
1. The date of the act or non-act which
begins the period of time shall not be counted.
2. The last day of the period shall be
counted unless it is a Saturday, Sunday, or legal holiday, in which case the
period of time shall run until the next day which is not a Saturday, Sunday, or
legal holiday.
3. If the period of
time provided for is less than seven days, Saturdays, Sundays, or legal
holidays, shall not be counted.
C. Settlements and Consent Decisions
1.
Settlements.
Nothing in these regulations shall be construed as preventing the Department
from settling any dispute, without the necessity of a hearing.
2.
Consent decisions. Where
parties agree to an outcome of a dispute which they wish to be memorialized in
the form of a decision (i.e. "consent decision"), the Hearing Officer shall
approve such consent decision only if it is consistent with applicable law.
However, strict compliance with the requirement of these regulations shall not
be required in order to approve a consent decision.
D. Access to Hearing Records
1. Access by a party to the hearing Any party
to a hearing shall have an adequate opportunity to review all material in the
hearing record, including the opportunity to listen to the recording of the
hearing.
a. All requests for access to records
maintained by the Division of Administrative Hearings must be in writing and
must include sufficient information for the identification of the hearing
record.
b. Such review shall take
place during normal business hours at the Division of Administrative Hearings
in Augusta and must be arranged in advance.
c. During such a review, copies of documents
in the record and copies of the recording of the hearing (or a transcript of
that recording) may be made available to a party at the actual cost to the
requesting party.
d. The Division
of Administrative Hearings need not provide the party with copies of any
recordings of hearings. The Division of Administrative Hearings may arrange to
obtain a transcript of the recording on request. The requesting party may be
required to prepay the Division of Administrative Hearings for the cost of that
transcript.
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