Code of Maine Rules
95 - INDEPENDENT AGENCIES
659 - THE MAINE VACCINE BOARD
Chapter 248 - LIST OF VACCINES TO BE PROVIDED BY THE UNIVERSAL CHILDHOOD IMMUNIZATION PROGRAM
Section 659-248-V - Appeals
Universal Citation: 95 ME Code Rules ยง 659-248-V
Current through 2024-38, September 18, 2024
A. General Provisions.A party aggrieved by a Board decision or action has recourse to administrative review in accordance with the provisions of the Maine Administrative Procedure Act, 5 M.R.S.A. Chapter 375, Subchapter IV.
B. Procedure for Securing Administrative Review
1. A person
aggrieved by a Board decision or action may request administrative review by
filing a written request for administrative review with the Maine Vaccine
Board, c/o Maine Center for Disease Control and Prevention, Division of
Infectious Disease Control, Department of Health and Human Services, 11 State
House Station, Augusta, ME 04333-0011.
2. A written request for administrative
review shall identify the decision or action under challenge, and the issue or
issues which form the basis for review.
3. The written request for administrative
review must be filed with the Board no later than thirty days after the Board
decision or action which is the subject of the appeal.
4. Upon the timely filing of a request for
administrative review, the Board shall determine whether or not the decision or
action under challenge is appropriate for administrative review and notify the
appellant in writing in timely fashion.
5. In the event the Board determines a
request for administrative review is appropriate, it shall promptly schedule an
administrative review hearing.
6.
Any administrative hearing shall be conducted in accordance with the
requirements of the Maine Administrative Procedure Act, 5 M.R.S.A. Chapter 375,
Subchapter IV.
7. In the event a
request for administrative review is granted, the Board shall designate an
Administrative Hearing Officer, who shall provide appropriate notice of the
hearing date, conduct the administrative review hearing, and issue a written
decision upon the close of evidence, all in accordance with the relevant
provisions of the Maine Administrative Procedure Act. The Maine Vaccine Board
decision after administrative review shall be considered final agency action.
C. Judicial Review
1. A party aggrieved by final
agency action of the Maine Vaccine Board has recourse to judicial review in
accordance with 5 M.R.S.A. §§ 11001-11008 and Rule 80C ofthe Maine
Rules of Civil Procedure.
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