10-144-1 Me. Code R. § I
The purpose of these regulations is to set forth procedures for the conduct of adjudicatory hearings by the Division of Administrative Hearings Maine Department of Health and Human Services. These include proceedings whereby dissatisfied applicants, recipients, institutions, or other persons whose legal rights, duties, or privileges are at issue can obtain review of certain actions or inactions of the Maine Department of Health and Human Services where such legal rights, duties or privileges are required by constitutional law or statute to be determined after an opportunity for hearing. Also covered under these regulations are those hearings which are conducted by the Maine Department of Health and Human Services for other State agencies.
Where adjudicatory hearings are required to resolve disputes, it is the Department's objective that the adjudicatory hearing process provide a meaningful opportunity for parties to present grievances, be heard without undue delay, and the Department to respond to parties in a timely, impartial manner. In its conduct of adjudicatory hearings, it is the Department's intention to ensure that fundamental fairness is accorded to all parties in a manner consistent with carrying out the requirements of the law.
The procedures set out in these regulations supersede and replace any inconsistent or conflicting regulations governing hearings, except where such other regulations may in a particular program be required by state or federal statute or by governing federal regulations.
Nothing contained in these regulations shall be construed as expanding the jurisdiction of the Department or its Hearing Officers beyond that allowed for by law. Nothing in these regulations shall be construed as establishing a right to be heard on issues which have been previously litigated between the same parties or for which a party has legally forfeited its opportunity to litigate.
10-144 C.M.R. ch. 1, § I