Section 144-241-18 - APPEALS OF DEPARTMENT DECISIONSA.GENERAL1. This Section governs the means of appealing a decision made by the Department to the Maine Department of Health and Human Services Office of Administrative Hearings. A person aggrieved by a Departmental decision or action relating to implementation of its statutes and rules relating to the subject matter of this rule may pursue administrative or judicial recourse, in accordance with the Department's Administrative Hearings Regulations 10-144 CMR ch. 1, the Maine Administrative Procedure Act (5 MRS Ch. 375, Sub ch. 4), and Rule 80C of the Maine Rules of Civil Procedure. Appeals of decisions made by local authorities must be made to the relevant municipal officials.2. A person whose interest in abutting or adjacent property is directly affected by a decision or action of the Department is considered an aggrieved party entitled to bring an action challenging the validity of the decision. Appeals by an aggrieved party must be based on adverse Department decisions affecting said aggrieved party. Appeals contending that a decision by the Department misapplies laws, procedures, or rules; or is based upon a significant factual error to the detriment of the aggrieved party, may be filed.B.PROCEDURE FOR FILING AN APPEALHearing requests must be directed to the Department at Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program, 11 State House Station, 286 Water Street, 3rd Floor, Augusta, Maine 04333-0011.
1. The request must state in writing the specific issues being appealed and be filed with the Department within 30 days of receipt of the Department's notice of its decision.2. Within 14 days of receipt, the Department or its designee will forward the request for an administrative hearing to the Administrative Hearing Unit, to the attention of the Chief Hearings Officer, Office of Administrative Hearings, 11 State House Station, Augusta, Maine 04333-0011.3. Along with the appellant's request, the Department will forward a completed administrative hearings report form, as well as the Department's decision on appeal.4. The Department of Health and Human Services Office of Administrative Hearings may deny appeals filed after 30 days from the date of the decision.C.PROCEDURE FOR HEARINGA hearing officer at the Department's Office of Administrative Hearings will conduct the administrative hearing. The hearing will be conducted pursuant to the Administrative Hearings Regulations at 10-144 CMR ch. 1 and in conformity with the Maine Administrative Procedure Act, 5 MRS Ch. 375.
10-144 C.M.R. ch. 241, § 18