Section 144-400-2-1 - Notice to repay (22 MRSA 3813)A. Repayment. Fraud, Investigation and Recovery (FIR) may serve a notice to repay upon a person or other member of an assistance unit who received an overpayment that has not been recovered by the department, but only if the person no longer receives benefits from the program that issued the overpayment.B. Notice. A notice to repay must state all the following. 1 The name of the obligor.2 The amount of the overpayment, when the overpayment was made and when it was established.3 The name of the benefit program that issued the overpayment.4 The amount of the overpayment that has not been recovered by the department.5 The obligor may complete an assignment of earnings, or other agreement acceptable to FIR, to repay that part of the overpayment that has not been recovered.6 If the overpayment is not repaid within 21 days of when the notice is served, FIR may collect the amount owed by income withholding, filing liens against the obligor's real and personal property for the amount owed, and may report the obligor and the amount owed to a consumer credit reporting agency.7 The obligor has the right to ask for a hearing within 21 days of service of the notice to repay. If the department receives a timely request for hearing, collection action stops until the department issues written decision on the obligor's appeal.C. Collection action. If an obligor who is served a notice to repay does not ask for a hearing within the time allowed, FIR may use the remedies in this chapter to collect the amount of the overpayment that has not been recovered.D. Request for hearing. An obligor may ask for a hearing within 21 days of service of a notice to repay. A request for hearing must be in writing. If mailed to the department, the request must be postmarked not later than 21 days after the date of service. If delivered to an office of the department, the request must be delivered not later than 21 days after the date of service.E. Hearing. At hearing, the obligor may contest the accuracy of the notice to repay. The obligor also may contest whether FIR followed the rules in this chapter. The obligor may not contest the amount of the overpayment if the obligor had a previous opportunity to contest it. The obligor also may not contest the amount of the overpayment if it was established by judicial or administrative action, by agreement of the obligor and the department or by operation of law. The obligor may raise the issue of credits, including underpayments, that would reduce the amount owed. The department shall conduct the hearing as provided by 5 MRSA9051 - 9064.F. Jurisdiction of the hearing officer. The hearing officer has jurisdiction to decide: 1 The accuracy of the notice to repay.2 If the notice was issued according to the requirements of this chapter.3 If the obligor is entitled to credit that reduces the amount of the overpayment. The hearing officer shall decide these issues only. The amount of an overpayment established by BFI cannot be reconsidered at the hearing.
G. Decision after hearing. The department shall issue a written decision without undue delay. The decision must be based on the hearing record and rules adopted by the commissioner. The decision must include a finding of the amount of the overpayment that has not been recovered by the department. The decision must tell the obligor of the right to appeal to Superior Court within 30 days of the date of the decision (Rule 80C, Maine Rules of Civil Procedure). The department shall send an attested copy of the decision to the obligor. The decision must be sent by regular mail to the obligor's most recent address of record. Thirty days after the decision is made, FIR may use any remedies in this chapter to collect any unpaid amount due under the decision.H. Stay. If the obligor timely requests a hearing to contest a notice to repay, FIR shall stop all collection action under these rules until there is a written decision on the obligor's appeal. If the obligor withdraws the hearing request or waives the right to hearing, the stay ends.I. Service. FIR may serve a notice to repay by certified mail, return receipt requested, by personal service by an authorized representative of the commissioner or as specified by the Maine Rules of Civil Procedure.10- 144 C.M.R. ch. 400, § 2-1