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-X - PENALTIES

Universal Citation: 10 ME Code Rules ยง 144-323-X

Current through 2024-38, September 18, 2024

A. Reimbursement Withholding. When the Department determines after review, that a municipality is not complying with the requirements of the General Assistance statutes, the regulations promulgated thereunder, or the municipality's ordinance, it will withhold reimbursement to compel compliance, as set out below.

1. Withholding of reimbursement as a result of a review shall take place when:
a. The Department determines that funds are being, or have been, spent improperly;

b. a plan of correction, which has been requested, is not received timely;

c. a submitted plan of correction is not acceptable to the Department and efforts by the Department and the municipality to agree on an acceptable plan of correction do not result in an acceptable plan; or d. a subsequent review, after an acceptable plan has been received, results in the same violations found at the previous reviews.

2. The time period for withholding shall begin when the initial notice of noncompliance has been sent to the municipality. Withholding will cease when:
a. An acceptable plan of correction is received by the Department; and

b. a subsequent review results in compliance with the accepted plan of correction.

3. When compliance is reached, any money withheld from a municipality shall be reimbursed to that municipality, minus any civil penalties assessed as per section B below.

B. Civil Penalties. Any municipality which fails to file an acceptable plan with the Department or which is in violation of this chapter at the expiration of the period in Section IX Subsection D(a)(ii) shall be subject to a civil penalty of not less than $500. The Department in its discretion may assess a larger penalty, taking into account factors including but not limited to the severity or extent of the noncompliance and the municipality's good faith efforts to cure such noncompliance.

1. Every 30-day period that a municipality is in violation of this chapter after review and notification shall constitute a separate offense.

2. The Department of Health and Human Services shall enforce this in any court of competent jurisdiction.

3. The Department may refer the municipality's case to the Attorney General to pursue a civil action to recover the penalties assessed.

C. Any penalty imposed by the Department against a municipality shall be stayed upon receipt of a fair hearing request. No further penalty will be imposed pending the fair hearing decision.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.