Statutes, codes, and regulations
Maine Administrative Code
Department 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICESDivision 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 1 - ADMINISTRATIVE HEARINGS REGULATIONS
Section 144-1-IX - MISCELLANEOUS

10-144-1 Me. Code R. § IX

Download
PDF
Current through 2024-51, December 18, 2024
Section 144-1-IX - MISCELLANEOUS
A.Confidentiality

These regulations shall be interpreted and implemented in a manner which insures that confidential information is not disclosed to unauthorized persons.

B.Computation of Time

In computing any period of time provided for by these regulations, the following shall apply:

1. The date of the act or non-act which begins the period of time shall not be counted.
2. The last day of the period shall be counted unless it is a Saturday, Sunday, or legal holiday, in which case the period of time shall run until the next day which is not a Saturday, Sunday, or legal holiday.
3. If the period of time provided for is less than seven days, Saturdays, Sundays, or legal holidays, shall not be counted.
C.Settlements and Consent Decisions
1.Settlements. Nothing in these regulations shall be construed as preventing the Department from settling any dispute, without the necessity of a hearing.
2.Consent decisions. Where parties agree to an outcome of a dispute which they wish to be memorialized in the form of a decision (i.e. "consent decision"), the Hearing Officer shall approve such consent decision only if it is consistent with applicable law. However, strict compliance with the requirement of these regulations shall not be required in order to approve a consent decision.
D.Access to Hearing Records
1. Access by a party to the hearing Any party to a hearing shall have an adequate opportunity to review all material in the hearing record, including the opportunity to listen to the recording of the hearing.
a. All requests for access to records maintained by the Division of Administrative Hearings must be in writing and must include sufficient information for the identification of the hearing record.
b. Such review shall take place during normal business hours at the Division of Administrative Hearings in Augusta and must be arranged in advance.
c. During such a review, copies of documents in the record and copies of the recording of the hearing (or a transcript of that recording) may be made available to a party at the actual cost to the requesting party.
d. The Division of Administrative Hearings need not provide the party with copies of any recordings of hearings. The Division of Administrative Hearings may arrange to obtain a transcript of the recording on request. The requesting party may be required to prepay the Division of Administrative Hearings for the cost of that transcript.

10-144 C.M.R. ch. 1, § IX