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/her authorized
representative has the right to request a fair hearing (22 M.R.S.A.
§ 4322). The right to review a decision by 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 [Carson
v. Oakland, 442 A.2d 170 (Me. 1982); Thibodeau v. Lewiston, Andro.
Sup. Ct. CV# 78-388].
A.
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.
B.
Written request. To obtain a fair hearing, the claimant, or his/her
authorized representative, must make a written request within five
working days of receiving the Administrator's decision to 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:
C.
The Administrator cannot deny or dismiss a request for a hearing
unless it has been withdrawn by the claimant.
D.
Scheduling the fair hearing. 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:
(1)
Be his/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.
(2)
Confront and cross-examine any witnesses presented at the hearing
against the claimant.
(3)
Present witnesses on his/her own behalf. 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/her case.
A.
The municipal officers will appoint a fair hearing authority which
will review decisions of the General Assistance Administrator when
requested by any claimant or the claimant's authorized representative.
The authority is charged with the responsibility of ensuring that
general assistance is administered in accordance with the state law
and local ordinance.
B.
The fair hearing authority may consist of the municipal officers,
one or more persons appointed by the municipal officers to act as
the hearing authority, 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 fair hearing authority must:
(1)
Not have participated in the decision which is the subject of the
appeal.
(2)
Be impartial.
(3)
Be sufficiently skilled in interviewing techniques to be able to
obtain evidence and the facts necessary to make a fair determination.
(4)
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.
A.
When a claimant requesting a fair hearing is notified of the date,
time, and place for the hearing in writing, he/she will also be given
adequate preliminary information about the hearing procedure to allow
for effective preparation of his/her case. The claimant shall be permitted
to review his/her file prior to the hearing. At a minimum, the claimant
will be furnished the following information which will govern all
fair hearings. All fair hearings will:
(1)
Be conducted privately, and will be open only to the claimant, witnesses,
legal counsel, or others whom the claimant wants present, and the
General Assistance Administrator, his/her agents, counsel and witnesses;
(2)
Be opened with a presentation of the issue by the fair hearing authority;
(3)
Be conducted informally, without technical rules of evidence, but
subject to the requirements of due process;
(4)
Allow the claimant and the Administrator the option to present their
position for themselves or with the aid of others, including legal
counsel;
(5)
Give all participants an opportunity to present oral or written testimony
or documentary evidence, offer rebuttal; question witnesses; and examine
all evidence presented at the hearing;
(6)
Result in a decision, based exclusively on evidence or testimony
presented at the hearing; and
(7)
Be tape recorded by the City and result in a written decision that
is given to the claimant and filed with evidence introduced at the
hearing. The fair hearing authority will allow the claimant to establish
all pertinent facts and circumstances, and to advance any arguments
without undue interference. Information that the claimant does not
have an opportunity to hear or see will not be used in the fair hearing
decision or made part of the hearing record. Any material reviewed
by the fair hearing authority must be made available to the claimant
or his/her representative. The claimant will be responsible for preparing
a written transcript if he/she wishes to pursue court action.
B.
The fair hearing authority shall admit all evidence if it is the
kind of evidence upon which reasonable persons are accustomed to rely
in the conduct of serious affairs.
A.
The decision of the fair hearing authority will be binding on the
General Assistance Administrator, and will be communicated in writing
to the claimant within five working days after completion of the hearing.
Written notice of the decision will contain the following:
B.
A copy of the notice of the decision will be given to the claimant.
The hearing record and the case record will be maintained by the General
Assistance Administrator.
C.
The written notice of the decision will state that if the claimant
is dissatisfied with the fair hearing decision, he/she has a further
legal right to appeal the decision pursuant to the Maine Rules of
Civil Procedure, Rule 80B. To take advantage of this right, the claimant
must file a petition for review with the Superior Court within 30
days of receipt of the fair hearing decision.
D.
When the decision by the fair hearing authority or court authorizes
assistance to the claimant, that assistance will be provided within
24 hours.
