Section 144-272-VIII-E - PROCEDURE TO REQUEST AN ADMINISTRATIVE HEARINGAn appellant who is aggrieved by the informal conference decision may request an administrative hearing. Appellants must follow the procedures described below to obtain a hearing:
1. The appellant must request an administrative hearing within (30) thirty days from the date the C.C.S./C.S.H.N. Program mails the informal conference decision. The appellant may request a earing orally, or in writing. The C.C.S./C.S.H.N. Program Director or designee shall reduce an oral request to writing.2. The appellant must submit the hearing to the Program Director, Coordinated Care Services for Children with Special Health Needs, Bureau of Health, Station 11, Augusta, Maine 04333. For purposes of the hearing, the date of request is the date the written request is received by the C.C.S./C.S.H.N. Program Director, or the oral request is received by the C.C.S./C.S.H.N. Program Director. The C.C.S./C.S.H.N. Program Director may request the appellant to submit a written hearing request, but the date of request shall remain the date on which the oral hearing request was made.3. Upon receipt of a hearing request, the C.C.S./C.S.H.N. Program Director shall prepare an Administrative Hearing Report Form (as required by Section VII(B) (4) of the Administrative Hearings Manual) and transmit it to the Office of Administrative Hearings.4. The administrative hearing will be conducted in conformity with 5 M.R.S.A. Section8001 et seq. (the "Maine Administrative Procedure Act") and the regulations of the Department's Office of Administrative Hearings (the "Administrative Hearings Manual").5. An impartial hearings officer shall conduct the administrative hearing.6. The Department of Human Services is bound by the hearings officer's or Commissioner's decision. However, the appellant who disagrees with the hearings officer's or Commissioner's decision has the right to judicial review pursuant to Rule 80C of the Maine Rules of Civil Procedures.10- 144 C.M.R. ch. 272, § VIII-E