Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 323 - MAINE GENERAL ASSISTANCE MANUAL
Section 144-323-VI - MUNICIPALITY OF RESPONSIBILITY
Universal Citation: 10 ME Code Rules ยง 144-323-VI
Current through 2024-38, September 18, 2024
A. Financial Responsibility of a Municipality to Applicants
1. Except as provided in Section B (below), a
municipality is responsible for the General Assistance support of-
a. Residents of the municipality;
b. Persons who apply for assistance in that
municipality, but who are not residents of that or any other municipality. If a
person is not a resident of any municipality, the municipality where the person
first applies shall be responsible for support until a new residence is
established.
2. No
municipality may establish durational residency requirements for General
Assistance.
3. All persons who wish
to file an application must be allowed to do so. If a municipality believes
that an applicant is not its financial responsibility, that municipality is
still responsible for taking an application.
4. When a municipality presumes eligibility
for a person who is provided shelter in an emergency shelter for the homeless
located in that municipality, no other municipality may be determined to be the
municipality of responsibility for the 30 day period in which eligibility has
been presumed.
5. If the
municipality where an applicant has applied believes that the applicant is the
responsibility of another municipality under these rules, the municipality
receiving the application shall notify in writing the municipality it considers
responsible. The notice shall include information that lends itself to the
establishment of residency or that otherwise supports a finding that the
municipality not fielding the application is financially responsible for the
applicant. If assistance is granted without notice or agreement with a second
"responsible" municipality, the first municipality is responsible for payment
for the assistance granted (
22 M.R.S.
§4307(5)) .
6. When there is a dispute regarding
residency, the municipalities shall try to resolve it prior to contacting the
Department.
a. If an agreement cannot be
reached, a municipality requesting assistance resolving a dispute shall provide
to the Department-
i. An account of how the
dispute was attempted to be resolved;
ii. the applicant's name and current
address;
iii. the applicant's
previous address;
iv. the
applicant's place of employment; and
v. any information pertinent to the
applicant's residence in any municipality.
b. The Department will render a written
decision to resolve the dispute within 30 days.
i. The decision will state the sources of
information relied upon and include findings of fact and conclusions of
law.
ii. A municipality or person
aggrieved by the Department's decision may file an appeal.
iii. In the interim, the municipality where
the applicant has applied shall use its own General Assistance ordinance to
determine levels of assistance for an eligible applicant.
c. After the Department's decision has been
rendered, the owing municipality shall reimburse the municipality that provided
the assistance within 30 days.
i. If at the
end of this 30-day period payment has not been received, it is the
responsibility of the municipality owed the money to notify the Department of
non-payment by telephone or letter within 30 days of expiration of the deadline
of payment.
ii. Upon notification
of non-payment, the Department shall reimburse the municipality owed the money.
The Department will give written notification of payment to the owing
municipality. The Department shall require payment by withholding that amount
from reimbursable funds due, referring the debt to the Treasurer, State of
Maine who shall withhold that amount from funds due the owing municipality from
tax revenues, fines or fees, or directly billing the owing
municipality.
B. Relocation of General Assistance Applicants
1. Overseers of a municipality may
not move or transport an applicant or recipient into another municipality to
relieve their municipality of responsibility for that applicant's or
recipient's support.
2. A
municipality may assist an applicant or recipient to relocate if the applicant
or recipient requests relocation and the municipal administrator determines the
applicant needs to relocate.
a. If there is
adequate housing available in the municipality where the applicant currently
resides, there is no obligation on the part of the municipality to relocate the
applicant.
b. If housing assistance
is requested, the applicant is eligible, and there is no adequate, available
housing locally, then relocation to another municipality would be warranted if
that is determined to be the best available option.
3. If a municipality provides financial
assistance or makes arrangements for an applicant or recipient to relocate to
another municipality, the sending municipality will be responsible for the
support of the recipient for-
a. up to 30 days
if the relocation is to permanent housing, or
b. up to six months if the relocation is to
temporary housing.
i. Relocation into
temporary housing shall be followed by requirements to find permanent housing
as soon as possible.
ii. Rooming
houses, including recovery residences, when residents are there for more than
28 days, are to be considered the person's primary residence and not temporary
housing.
4.
If an applicant relocates on their own, the municipality from which that
applicant has moved has no financial responsibility, unless that municipality
has illegally denied assistance, causing the relocation.
a. Any municipality that illegally moves or
transports a person, or illegally denies assistance to a person which results
in their relocation, in addition to other penalties provided for in statute and
rule, shall reimburse twice the amount of assistance to the municipality which
provided the assistance to that person.
5. If an applicant is experiencing
homelessness at the time of the application and has been for 6 months or less,
or had a residence immediately prior to experiencing homelessness that the
applicant had maintained and to which the applicant intends to return, the
municipality of responsibility is the municipality where the applicant was a
resident immediately prior to experiencing homelessness.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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