10- 144 C.M.R. ch. 30, § 04
SUMMARY: This section establishes the adoption of OMB Circulars and other Federal and Department guidance applicable to the agreements between Community Agencies and the Department. Compliance and administrative requirements are outlined, including the appeals procedure for the appeals and resolution of financial issues arising from audits and Department examinations.
Administrative requirements and cost principles applicable to Federal funds are adopted as being applicable to Department funded agreements.
The Department will apply the following federal administrative requirements and cost principles to the following entities:
Community agencies receiving agreement funding shall follow the more restrictive of the applicable program regulations, Federal circulars, MAAP, and the agreement award.
These areas of compliance, as applicable, must be specifically referenced in each agreement with the community agency.
The community agency shall request prior written approval for budget revisions whenever one or more of the following conditions occur:
The community agency must request a budget revision at least thirty (30) days prior to the agreement termination date. If revision approval is not granted in writing prior to the date of the required final report, all costs that exceed the budget thresholds shall be deemed questioned costs. In addition, any variance, if any, between the actual agency commitment and the budgeted amount shall be adjusted on the agreement settlement form prior to cost sharing.
The Department enters into agreements where the Department participates in programs with multiple funding sources. Below are Department cost sharing principles to be followed in the budgeting and settlement process:
Community agencies must liquidate any outstanding balance due the Department within ninety days after termination of an agreement (Note: The agreement can be more restrictive and require payment prior to the ninety days). If reimbursement is not made timely, the Department may charge interest based on the U.S. Treasury, Cash Management Improvement Act (CMIA).
Step a - Director of Audit - Maine DHHS and Maine DOT
A community agency may appeal, in writing, the findings of a Department examination by submitting a letter of appeal in writing within sixty (60) days after receiving the report from the Department. The appeal letter must identify the issues being appealed and include the specific supporting documentation. It must be addressed to the Director of the Division of Audit at the Maine DHHS or to the Director of the Office of Audit at the Maine DOT.
The Director or the Director's designee will initiate a review of the audit appeal and will, as needed, consult with program management responsible for the affected agreements, agreement administrators, and other applicable and appropriate staff.
The Director or the Director's designee will issue a written decision on the appeal and the full basis of the decision to the community agency no later than sixty (60) days following the receipt of the appeal letter, unless both parties agree to an extension. The letter may be co-signed by other DHHS staff as applicable.
Step b - Agency appeal of Director of Division/Office of Audit Decision
If the community agency wishes to proceed further in its appeal, it may appeal to the DHHS Office of Administrative Hearings by submitting a notice of appeal in writing within sixty (60) days of receiving the decision from the Director of the Division of Audit. The issue(s) on appeal will be limited to what was raised at the Step a appeal. The hearing will be an Order of Reference appeal hearing. The hearing officer will issue a recommended decision to the Commissioner, who will issue a final decision.
If the community agency wishes to proceed in its appeal, it may appeal to the Commissioner of Maine DOT within sixty (60) days of receiving the decision from the Director of the Office of Audit. The issue(s) on appeal will be limited to what was raised at the Step a appeal. The DOT Commissioner will issue the final decision.
Step c - Judicial appeal - Maine DHHS and Maine DOT
The community agency may appeal the DHHS or DOT Commissioner final decision by filing an appeal with the Maine Superior Court pursuant to the Maine Rules of Civil Procedure, Rule 80C and 5 M. R.S.A.§ 11001, et seq.
When the community agency chooses not to further pursue its appeal, or the appeal process has been exhausted, or the Department and community agency reach agreement, a letter will be sent by the Department confirming the terms of the settlement or clarifying the terms of the Commissioner's final decision.
The community agency must within thirty (30) days of receipt of the letter, as applicable;
10- 144 C.M.R. ch. 30, § 04