Within five working days of receipt of 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 or her
authorized representative has the right to request a fair hearing
(22 M.R.S.A. § 4322). The right to review a decision of
the Administrator is a basic right of the applicant to a full evidentiary
hearing and is not limited solely to a review of the decision.
Upon receiving notification of the decision of the Administrator,
all claimants will be informed of how to request 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 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.
A. Written request.
(1) To obtain a fair hearing, the claimant, or his or her authorized
representative, must make a written request within five working days
of receipt of the Administrator's decision to grant, deny, reduce
or terminate assistance, or within 10 working days after any other
act or failure to act. The Administrator will make a form available
to request a fair hearing and will assist the claimant in completing
it if necessary. On the printed form, the claimant will give the following
information:
(a)
The decision on which review is sought;
(b)
The reason(s) the claimant is dissatisfied and why the claimant
believes he/she is eligible to receive assistance; and
(c)
The relief sought by the claimant.
(2) The Administrator may not deny or dismiss a request for a hearing
unless it has been withdrawn (in writing) by the claimant.
B. Scheduling the fair hearing.
(1) Upon receipt of the completed written request, the FHA 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 shall include,
at a minimum, the claimant's rights to:
(a)
Be his or her own spokesperson at the fair hearing, or at the
claimant's own expense, be represented by legal counsel or another;
(b)
Confront and cross-examine any witnesses presented at the hearing;
and
(c)
Present witnesses on his or her own behalf.
(2) 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 or her
case.