[10-6-2020]
Within five working days of receiving a written notice of denial,
reduction or termination of assistance, or within 10 working days
after any other act or failure to act, the applicant or his or her
authorized representative has the right to request a fair hearing
[22 M.R.S.A. § 4322]. The right to review a decision of
the general assistance administrator is a basic right of the applicant
to a full evidentiary hearing and is not limited solely to a review
of the decision.
[10-6-2020]
Upon receiving notification of the decision of the general assistance
administrator, all claimants will be informed of the method of obtaining
a fair hearing. All complaints that are not clear requests for a fair
hearing will be answered by a personal interview or in writing by
the general assistance administrator. If the client is satisfied with
the adjustment or explanation, the administrator will make an entry
in the case record and file any correspondence involved.
(a) Written request.
(1)
To obtain a fair hearing, the claimant, or his or her authorized
representative, must make a written request within five working days
of receiving the administrator's decision to grant, deny, reduce
or terminate assistance, or within 10 working days after any other
act or failure to act. The administrator will make available a printed
form for requesting a fair hearing and will assist the claimant in
completing it if necessary. On the printed form, the claimant will
give the following information:
a.
The decision on which review is sought;
b.
The reason(s) for the claimant's dissatisfaction and why
the claimant believes he/she is eligible to receive assistance; and
c.
The relief sought by the claimant.
(2)
The administrator cannot deny or dismiss a request for a hearing
unless it has been withdrawn (in writing) by the claimant.
(b) Scheduling the fair hearing.
(1)
Upon receipt of the completed written request the fair hearing
authority must meet and hold the hearing within five working days.
The administrator will notify the claimant in writing when and where
the hearing will be held (22 M.R.S.A. § 4322). In addition
to the date, time and place of the hearing, the notice of fair hearing
sent to the claimant shall include, at a minimum, the claimant's
rights to:
a.
Be his or her own spokesperson at the fair hearing, or be represented
by legal counsel or other spokesperson at the hearing, at the claimant's
own expense;
b.
Confront and cross-examine any witnesses presented at the hearing
against the claimant; and
c.
Present witnesses on his or her own behalf.
(2)
Arrangements for the date, time, and place of the hearing will
take into consideration the convenience of the claimant and hearing
authority. The claimant will be given timely notice to allow for preparation
and will also be given adequate preliminary information about the
hearing procedure to allow for effective preparation of his or her
case.
[10-6-2020]
The municipal officers will appoint a fair hearing authority
(FHA) that will determine, based on all the evidence presented at
the fair hearing, whether the claimant(s) were eligible to receive
assistance at the time they applied for GA. The FHA is charged with
the responsibility of ensuring that general assistance is administered
in accordance with the state law and local ordinance.
The fair hearing authority may consist of the municipal officers,
one or more persons appointed by the municipal officers to act as
the FHA, or, if designated, the Board of Appeals created under 30-A
M.R.S.A. § 2691 (22 M.R.S.A. § 4322). In determining
the organization of the fair hearing authority, the municipal officers
will use the following criteria. The person(s) serving as FHA must:
(a) Not have participated in the decision which is the subject of the
appeal;
(c) Be sufficiently skilled in interviewing techniques to be able to
obtain evidence and the facts necessary to make a fair determination;
and
(d) Be capable of evaluating all evidence fairly and realistically, explaining
to the claimant the laws and regulations under which the administrator
operated, and interpreting to the administrator any evidence of unsound,
unclear, or inadequate policies, practices or actions.