A. 
Who may apply. Any person may apply for GA. The head of the family, any other responsible household member, or an authorized representative must apply in person, except in special emergency situations (see § 112-13) or when the applicant resides at an emergency shelter and the municipality has made an agreement with that emergency shelter to presume shelter residents eligible for GA benefits (22 M.R.S.A. § 4304(3)). In such cases, the Administrator may require a representative to present a signed statement documenting that they are authorized to apply on behalf of the named applicant. The applicant or representative must complete a written application and any other forms necessary for the Administrator to determine eligibility. (22 M.R.S.A. §§ 4305 and 4308). With notice, all members of the household receiving GA may be required to physically present themselves to the Administrator. Note that fugitives from justice are ineligible for GA benefits.
B. 
Telephone applications. When a person has an emergency but is unable to apply in person due to illness, disability, lack of childcare, lack of transportation or other good cause, and they cannot send an authorized representative, the Administrator will accept an application by telephone. The telephone application is subject to written verification by mail and a visit to the applicant's home with their permission. (22 M.R.S.A. § 4304).
C. 
Written application upon each request. Each request for assistance will be administered in accordance with these guidelines, and the Administrator will make an independent determination of eligibility for GA each time a person applies. (22 M.R.S.A. §§ 4308 and 4309).
D. 
Applications available/accepted; posted notice. Any person may obtain an application for GA during the municipality's regular business hours. Applications will be accepted and processed during designated daily hours that will not total less than 50% of the municipality's regular business hours. In an emergency, however, the Administrator or their designee will be available to accept applications for assistance whenever necessary. The municipality will post notice stating the regular business hours when an application may be obtained, the designated daily hours during which applications for assistance will be accepted and processed; and contact information for the Administrator available to take emergency applications at all other times. In addition, the posted notice shall state that the municipality must issue a written decision on all applications within 24 hours and will include the DHHS toll-free telephone number for reporting alleged violations or complaints. (22 M.R.S.A. § 4304).
Except when it is impractical, the Administrator will interview each applicant in person before making a decision. Interviews will be conducted in private, although the applicant may be accompanied by a legal representative, friend, or family member.
A. 
An application must contain the following information:
(1) 
The applicant's name, address, date of birth, SSN or appropriate United States Customs and Immigration Services (USCIS) documentation, and phone number;
(2) 
The names, date(s) of birth, and SSN(s) or appropriate USCIS documentation of other household members for whom the applicant seeks assistance;
(3) 
The total number of individuals living with the applicant;
(4) 
Employment and employability information;
(5) 
A listing of all household income, resources, assets, and property;
(6) 
The applicant's household expenses;
(7) 
The types of assistance requested;
(8) 
A statement of the penalty for false representation;
(9) 
The applicant's permission for the Administrator to verify information;
(10) 
The signature of applicant and date.
B. 
If an initial applicant is unable to provide identification records (e.g., SSN card/number) because the record may have been lost, stolen or misplaced, the Administrator may allow the initial applicant a reasonable amount of time (e.g., five working days), to obtain copies of identification records. Provided the initial applicant makes a good faith effort to obtain the item/record sought, GA benefits necessary to cure an immediate and/or emergency need shall not be withheld. In such cases the Administrator may elect to provide a prorated amount of GA (e.g., five days' worth), while the applicant attempts to obtain the required information.
The Administrator will inform all applicants of: (1) their rights and responsibilities; (2) general program requirements for applying for and receiving GA, and (3) application requirements, eligibility guidelines, applicant rights, and applicant reimbursement obligations.
A. 
Application requirements. The Administrator will help applicants complete application forms and inform applicants of any other information or documents necessary to evaluate the applicant's eligibility. The Administrator will fully explain the purpose of any forms consenting to release of the applicant's information and any benefit reimbursement agreements before the Administrator requests the applicant's signature or written authorization.
B. 
Eligibility requirements. The Administrator will inform the applicant, either orally or in writing, of the eligibility requirements of the program, including:
(1) 
The income standard of need;
(2) 
The applicant's ongoing use-of-income, work-related, and resource-related responsibilities, as described in the section immediately below;
(3) 
The reduction in assistance that results from spending household income on non-basic necessities;
(4) 
Immigration status (see definition of "Eligible Person"); and
(5) 
The disqualification penalties associated with committing fraud, failing to perform work-related assignments without just cause, or failing to make a good faith effort to secure potential resources when the requirement to attempt to obtain those resources has been explained to the applicant in writing.
C. 
Applicant rights. The Administrator will inform all applicants of their right to:
(1) 
Review the municipal GA Ordinance and Maine GA statute and regulations;
(2) 
Apply for assistance;
(3) 
Receive a written decision concerning eligibility within 24 hours after application;
(4) 
Confidentiality of the application and other records;
(5) 
Contact the DHHS with complaints;
(6) 
Challenge the Administrator's decision by requesting a fair hearing.
D. 
Reimbursement/recovery. The Administrator will inform the applicant/recipient that they must reimburse the municipality the amount of GA benefits they have been granted if they subsequently have the ability to pay. The municipality may also, as appropriate, contact and inform the applicant/recipient's legal representative of the recipient's obligation to repay the municipality. The municipality may also recover the amount of assistance granted to a recipient during the previous 12 months from any relative legally liable for the applicant's support, such as a spouse, or the parents of persons under the age of 25. (See Article VIII, Recovery of Expenses) (22 M.R.S.A. §§ 4318 and 4319). Whenever applicable, the Administrator will explain the liens a municipality may place against a recipient's real or personal property, such as the mortgage or capital improvement lien, the workers' compensation lump sum payment lien, or the SSI interim assistance agreement lien, described in Article VIII, Recovery of Expenses.
A. 
The applicant is responsible to provide accurate, complete, and current household information and verifiable documentation at the time of each application concerning:
(1) 
Income.
(2) 
Resources.
(3) 
Assets.
(4) 
Employment.
(5) 
Use of income.
(6) 
Names and addresses of any relatives legally liable for the applicant's support.
(7) 
Any change in this information from a previous application that would affect household eligibility (22 M.R.S.A. § 4309).
B. 
In addition, the applicant must accurately report and provide verifiable documentation that shows the applicant:
(1) 
Has remained employed, if previously employed, and has not quit work without just cause or been discharged from employment for misconduct;
(2) 
Has been seeking employment, if previously unemployed or employed on a part-time basis, has accepted any suitable offer of employment, and has satisfactorily performed all workfare assignments or had just cause not to perform those assignments;
(3) 
Has made use of all available and potential resources when directed in writing to such a program by the Administrator, including, but not limited to, other government benefit programs or the assistance of liable relatives of sufficient means; and
(4) 
Has participated in any training, retraining, educational or rehabilitative program when appropriate and when directed in writing to such a program by the Administrator, in order to diminish the applicant's need for GA. (22 M.R.S.A. §§ 4316-A and 4317).
A. 
Written decision. The Administrator will issue a written decision concerning the applicant's eligibility within 24 hours after the applicant submits a written application. Assistance will be furnished to eligible applicants within that period except when the municipality is permitted by law (and pursuant to § 112-23) to issue assistance conditionally on the successful completion of a workfare assignment. (22 M.R.S.A. §§ 4305, 4316-A, and 4321). A written decision will be given each time a person applies, whether assistance is granted, denied, reduced, or terminated.
B. 
Content of decision. The Administrator's written decision will contain:
(1) 
The type and amount of benefits granted, or the applicant's ineligibility for benefits;
(2) 
The period of eligibility if the applicant is eligible for assistance;
(3) 
The specific reasons for the Administrator's decision;
(4) 
The applicant's right to a fair hearing; and
(5) 
The applicant's right to notify the DHHS if they believe the municipality has acted illegally. (22 M.R.S.A. § 4321).
An application will be considered withdrawn if the applicant requests in writing that the application be withdrawn; or if the applicant refuses to complete or sign the application or any other document needed by the Administrator.
Under special circumstances, the Administrator may temporarily refuse to accept applications. Such circumstances include, but are not limited to, the following:
A. 
When the applicant's conduct is abusive, disruptive, or harassing, or when the applicant is under the influence of drugs or alcohol. In these situations, the applicant will be asked to leave; if the applicant refuses to leave, the police may be summoned. The applicant will be informed that an application will only be accepted when their conduct is under control.
B. 
If the Administrator believes that an applicant's behavior presents a threat to the health or safety of the public or to a municipal employee, if the applicant's behavior is violent, or if an applicant has engaged in abusive, disruptive or harassing behavior and has been required to leave on more than one occasion, the applicant may be required to designate a third party to apply for assistance on their behalf and the applicant may be prohibited from entering the municipal building;
C. 
When a third person applies for assistance on behalf of the applicant that person may be required to provide written verification that they have been duly authorized to act as a representative for the applicant. (22 M.R.S.A. § 4308).
An "emergency" means any life-threatening situation, or a situation beyond the control of the applicant which if not alleviated immediately could reasonably be expected to pose a threat to the health or safety of the applicant or a member of the household. (22 M.R.S.A. § 4301(4)). An emergency includes homelessness or imminent homelessness. Even if an applicant is otherwise ineligible to receive GA benefits, unless they are disqualified as provided below, emergency assistance may be granted to applicants who lack sufficient income and resources to meet the emergency need and also have not had sufficient income and resources to avert the emergency (22 M.R.S.A. § 4308). A municipality may provide emergency assistance when the municipality determines that an emergency is imminent and that failure to provide assistance may result in undue hardship and unnecessary costs to either the applicant or the municipality.
A. 
Disqualification for emergency assistance.
(1) 
A person who is currently disqualified from receiving GA due to a violation of §§ 112-22 through 112-26 or 112-30 is ineligible to receive emergency assistance (22 M.R.S.A. § 4308(2)(A)). However, dependents of a disqualified person may be eligible for assistance. For the purposes of this section, "dependents" are defined as: (1) a dependent minor child; (2) an elderly, ill or disabled person; or (3) a person whose presence is required to provide care for any child under the age of six years or any ill or disabled member of the household (22 M.R.S.A. § 4309(3)).
(2) 
If one or more members of a household are disqualified and assistance is requested for the remaining dependents, the eligibility of those dependents will be calculated by dividing the maximum level of assistance available to the entire household by the total number of household members.
B. 
Assistance prior to verification.
(1) 
Whenever an applicant informs the Administrator that they need assistance immediately, the Administrator will grant, pending verification, the assistance within 24 hours, provided that:
(a) 
After interviewing the applicant the Administrator has determined that the applicant will probably be eligible for assistance after a verification of information is completed; and
(b) 
The applicant submits documentation when possible, to verify their need. The Administrator may contact at least one other person to confirm the applicant's statements about his/her need for emergency assistance. No further assistance will be authorized until the applicant's eligibility is confirmed (22 M.R.S.A. § 4310).
(2) 
Benefits provided prior to verification are limited as follows:
(a) 
The authorization of benefits may not exceed 30 days.
(b) 
Until there has been full verification confirming the applicant's eligibility, further benefit may not be authorized.
(c) 
The authorization of benefits may not exceed levels of assistance established in 22 M.R.S.A. § 4308 (22 M.R.S.A. § 4310(4)).
C. 
Telephone applications.
(1) 
If a person has an emergency need and cannot apply in person due to illness, disability, lack of transportation, or other good cause, and if there is no authorized representative who can apply on behalf of the applicant, the Administrator shall accept an application over the telephone (22 M.R.S.A. § 4304).
(2) 
Assistance will not be granted after a telephone application if the applicant refuses to allow the Administrator to verify information provided by the applicant either by visiting their home or by mail, and the Administrator cannot determine eligibility through any other means.
D. 
Limitation on emergency assistance.
(1) 
Applicants are not automatically eligible for emergency assistance. If an applicant had income which could have been used to prevent all or part of an emergency, but they spent that income on items which are not basic necessities, the applicant will not be eligible to receive GA to replace the misspent money. (22 M.R.S.A. §§ 4308(2) and 4315-A).
(2) 
All applicants must provide the Administrator with verifiable documentation demonstrating that the applicant lacked sufficient income to avert the emergency situation. According to the following criteria, the Administrator may limit emergency assistance to cover only the difference between the amount of money necessary for the household to avoid the emergency and the amount of income available to the household during the applicable time period.
(a) 
The applicable time period shall be the 30 days preceding the application for emergency assistance, except in those cases where the emergency was created by a negative account balance for a commodity or service (such as rent, mortgage, or utility payments), and the negative account balance was created over a longer period of time. In such cases, the applicable time period shall be the consecutive length of time the account balance has been in the negative.
(b) 
The Administrator shall seek from the applicant all information pertinent to the applicant's ability to provide for their basic necessities for the applicable time period, including evidence of all income and resources received over that period of time.
(c) 
The Administrator shall calculate all costs per month for the household's basic necessities during the applicable time period, consistent with the maximum levels established by this chapter for the specific basic necessity or the actual monthly cost, whichever is less, including all costs associated with averting the particular emergency situation for which the applicant is seeking assistance.
(d) 
From the total household costs for basic necessities during the applicable time period, the Administrator shall subtract the total income and lump sum payments available to the household for the applicable time period, as well as the total GA actually received during the applicable time period.
(e) 
The Administrator may restrict the issuance of emergency assistance to the difference yielded by the computation in Subsection D(2)(d), even when such a grant will not totally alleviate the emergency situation.
(f) 
The Administrator may waive this limitation on emergency assistance in life threatening situations or for initial applicants; that is, persons who have never before applied for GA.
(g) 
Nothing in these criteria may be construed as prohibiting a municipality from electing to alleviate an emergency situation in the most cost-effective manner available, provided such a determination of eligibility for emergency assistance is in conformance with GA law.
(3) 
The municipality cannot exceed maximum levels of assistance for an applicant household for more than 30 days in a 12-month period when assistance is granted for housing in a hotel, motel, inn or other lodging place.
The Administrator shall provide GA to all eligible applicants who are residents of this municipality. A resident is a person who has no other residence, is physically present in this municipality and who intends to remain here and establish a household. The municipality also recognizes its responsibility to provide assistance to eligible persons who apply here and who are not residents of this municipality or any other municipality. If a person who is not a resident of any municipality applies in this municipality first, the Administrator will determine their eligibility and, if eligible, will grant assistance until they establish a residence in another municipality. (22 M.R.S.A. § 4307).
A. 
Moving/relocating. The municipality will not consider moving or transporting an applicant or recipient into another municipality unless the person requests assistance to relocate to another municipality. If the Administrator determines the applicant is eligible and grants financial assistance to help with the requested relocation, this municipality will be responsible for providing assistance to the applicant for six months after they move including processing applications and determining eligibility for assistance.
B. 
Institutions. If a resident of this municipality enters an institution located in another municipality (such as a group home, shelter, rehabilitation center, nursing home, or hospital) and requests assistance while at the institution, they will be the responsibility of this municipality for up to 12 months after they enter the institution if the conditions of 22 M.R.S.A. §§ 4307 and 4313 are met. The municipality thereafter retains responsibility for an applicant in an institution only if the applicant has maintained a home in this municipality to which they intend to return. The municipality also recognizes its responsibility for applicants residing in an institution in this municipality if such an applicant had no residence prior to entering the institution (22 M.R.S.A. § 4307(4)).
C. 
Temporary housing. Hotels/motels and similar places of temporary lodging are considered institutions if the municipality grants financial assistance for, makes arrangements for, or advises or encourages an applicant to stay in temporary lodging. Note: A municipality which illegally denies housing assistance will be responsible for the applicant for up to 12 months if, as a result of the denial, the applicant stays in temporary lodging. The municipality may also be subject to other penalties (22 M.R.S.A. § 4307(4)).
D. 
Disputes. When the Administrator believes that an applicant is a resident of another municipality, but that municipality disputes its responsibility, the Administrator will notify DHHS' Augusta office (287-3654 or 1-800-442-6003). If the applicant applies in this municipality first, the Administrator will determine their eligibility and, if eligible, will grant assistance until the DHHS has concluded which municipality is responsible for providing assistance. If another municipality was responsible, the DHHS will recover the amount due from the other municipality. (22 M.R.S.A. §§ 4307(5) and 4307(6)).