10-148-6 Me. Code R. § 13

Current through 2024-25, June 19, 2024

Section 148-6-13 - ADMINISTRATIVE HEARINGS

A. Any person who is denied service, has services reduced or terminated or is denied participation in the program by the Department has the right to a state agency hearing. The Commissioner has delegated to the Division of Administrative Hearings the responsibility to conduct state agency hearings. The state agency hearing shall be conducted in accordance with the current Administrative Procedure Act promulgated rules for state agency hearings.

B. The Department shall give written notice within thirty (30) calendar days of request for service to all persons who are denied services, using a form approved by the Department.

C. In all instances, notices of denial of service shall contain the Parent's or Provider's hearing rights.

D. The following actions shall not be subject to a state agency hearing on denial of service:

1. The service(s) requested are not within the Department's service or program description;

2. Department funds are depleted; and

3. The request for service originates from a person who is not authorized or appointed to act on behalf of a Parent.

E. If a request for services is denied, the person denied may submit another request at any time a change in circumstances occurs.

F. The Department shall retain copies of all notices of denial issued.

G. In cases of proposed action to discontinue, terminate, suspend, or reduce services, the Department shall give written notice to the Parent(s) at least twelve (12) calendar days prior to the effective date of the action.

H. The written notice to discontinue, terminate, suspend or reduce services shall contain the following:

1. The date of the intended action;

2. The action the Department or the agency is proposing to take;

3. The reason(s) for the proposed action;

4. Reference to the specific rules or regulations supporting such action; and

5. Explanation of the individual's right to request in writing a conference with the provider and/or a state agency hearing.

I. The time frame within which the conference and/or hearing request must be submitted for services to continue.

J. The following actions to discontinue, terminate, suspend or reduce services shall not be subject to a state agency hearing:

1. Reduction, change, or termination of service(s) resulting from State program changes which have been implemented through a rulemaking procedure, in accordance with the Administrative Procedure Act;

2. Reduction or termination of service resulting from a change in an annual or other services plan of the Child Care and Development Fund program or other state program or policy when those decisions have provided for adequate public notice;

3. A provider organization has given adequate notice to all clients that service(s) are to be terminated at the end of a specified period due to discontinuance of the program, lack of funding, etc.

K. The Department shall retain copies of all notices to discontinue terminate, suspend or reduce services in the Parent's files.

L. Parents must request an Administrative Hearing in writing within ten (10) calendar days of the Parent's receipt of notification.

M. Service shall be continued throughout the entire hearing process when the written request for a state Administrative Hearing are received within ten (10) calendar days of the Parent's receipt of notification.

N. In cases where the Hearing decision rules in favor of the Department, the Department may seek recoupment for the subsidy provided from the time of initial termination until final termination notice (provided after the Administrative Hearing decision).

O. When a state Administrative Hearing request is received within the time frame stated above, the Department shall notify the Child Care Provider immediately of their responsibility to continue service until the State's Administrative Hearing decision is rendered.

10-148 C.M.R. ch. 6, § 13