Code of Maine Rules
14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
197 - OFFICE OF AGING AND DISABILITY SERVICES
Chapter 3 - DEFINITION OF MENTAL RETARDATION AND AUTISM; APPEAL PROCEDURE
Section 197-3-3 - APPEAL PROCESS
Current through 2024-38, September 18, 2024
It is the policy of the Office to ensure that needed services are provided to persons with mental retardation and/or autism in accordance with the laws of the State of Maine to the extent resources permit.
Further, it is the policy of the Office to provide for review of a decision in which a person is found ineligible for services from the Office.
Whenever the regional office of the Office determines that an applicant is not eligible to receive services, the applicant, the applicant's legal guardian, or anyone acting on his/her behalf, shall be advised by the regional office, in writing, of such a determination and of his/her right to appeal that decision and of the availability of an advocate to assist, if the applicant so desires, in pursuing a review of the determination. In the absence of anyone acting on behalf of the applicant, the applicant shall be notified, both verbally and in writing, of the ineligibility determination and the Office of Advocacy shall be notified.
OFFICE DIRECTOR REVIEW
The applicant, the applicant's legal guardian or anyone acting on behalf of the applicant, may request a review of the decision. The request for review shall be in writing and be submitted to the director of the Office. The written request shall be submitted within sixty (60) calendar days of the date of receipt of the written determination from the regional office. In the absence of anyone acting on behalf of the applicant, the applicant shall be notified, both verbally and in writing, and the sixty (60) day timeframe shall begin to run on the date when both forms of notification have been completed.
Upon receipt by the Director, and within twenty-one (21) working days of receipt of the written request for review, the Director, or his/her designee, shall schedule a meeting. The meeting shall include the applicant, his/her representative and the appropriate regional staff of the Department.
The Director or designee shall hear and give consideration to all relevant information presented at this meeting and render a decision within twenty-one (21) calendar days of the date of the meeting.
This meeting shall be electronically recorded. The Director's decision shall be in writing, sent to all parties present at the meeting, and shall contain the following:
1. a statement of the issue,
2. relevant facts brought out at the meeting,
3. pertinent provision of law related to the decision,
4. the decision and the reason for the decision,
5. the procedure to request an appeal.
COMMISSIONER REVIEW
The applicant or anyone acting on his/her behalf may request that the Commissioner review the Office Director's decision. A request for this review shall be submitted in writing within fifteen(15) working days of the date of receipt of the Office Director's decision. The request shall be submitted to the Commissioner who shall arrange, within twenty-one (21) calendar days of receipt of the request, for a meeting to be conducted by the Commissioner's designee.
The meeting shall include the applicant, his/her representative and the appropriate regional staff of the department.
The Commissioner or designee shall review the decision made by the Director. The Commissioner shall hear and give consideration to any relevant information presented at the hearing and render a decision within twenty-one (21) calendar days of the date of the meeting.
The meeting shall be electronically recorded. The Commissioner's decision shall be in writing, sent to an parties present at the meeting, and shall contain the following:
1. a statement of the issue,
2. relevant facts brought out at the meeting,
3. pertinent provision of law related to the decision,
4. the decision and the reason for the decision,
5. the right of the applicant to appeal this final agency action
Further review may be sought through the procedures as set forth In the Maine Administrative Procedure Act, Chapter 375, sub-chapter VII ( 5 MRSA, Section11001, at seq.). This statute provides for further appeal.
