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-XI - INTERVENTION

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

Current through 2024-38, September 18, 2024

A. When the Department finds that an eligible person in immediate need of General Assistance has not received assistance as a result of a municipality's failure to comply with General Assistance statutes, municipal ordinance or the Department's regulations, the Department shall intervene and grant assistance within 24 hours per 22 M.R.S. §4323(3).

1. When a complaint is received, the Department shall ascertain from the complainant or the applicant:
a. The complainant's name (if the complainant is not the applicant);

b. the applicant's name, address and telephone number;

c. the applicant's household composition, income, assets, and expenses;

d. all other pertinent facts and circumstances leading to the complaint, including, but not limited to, information about whether the complaint involves a first-time application, whether the client has been allowed to apply, whether the client is being disqualified and;

e. whether the client received a written decision.

2. The Department shall then contact the municipal official who handles General Assistance in the municipality complained against and clearly describe the complaint received and the statutory violations alleged.

3. The municipal official shall provide the following to the Department in order to demonstrate the basis for his or her decision;
a. Information concerning facts and circumstances bearing on the complaint,

b. applicable citations,

c. the reasons for the decision; and d. any other relevant facts.

4. Using the information supplied by both the complainant and the municipality, the Department shall determine whether the municipality acted in accordance with General Assistance requirements.

5. If the Department determines that the municipality acted incorrectly, the Department shall advise the municipality, citing the statutory or regulatory basis for the determination.
a. The municipality shall have an opportunity, at that time, to reconsider its decision and to grant assistance.

b. If the municipality does not grant assistance, the Department will grant assistance in accordance with the municipality's ordinance and state law.

6. If the Department cannot reach the municipal official who administers General Assistance, and an emergency apparently exists, it shall grant assistance in accordance with that municipality's ordinance and state law.
a. Assistance shall be limited to an amount necessary to alleviate the emergency.

7. The Department shall advise the municipality and the complainant of its decision and/or action as soon as possible.

8. The Department shall follow up the notification with a written notice stating the reasons for the decision, citing statutory or regulatory violations and the hearing rights available.

9. Whenever the Department intervenes, it shall prepare an application, do a budget, and send copies of the paperwork and information that it has used to determine the need for intervention to the municipality.
a. The Department shall bill the municipality for the expense of any assistance granted, plus 5% of the amount to defray the Department's administrative expenses.

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