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Maine Administrative Code
Department 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICESDivision 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERALChapter 301 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RULESFS-700's
ADMINISTRATION PROCEDURES
Section 144-301-700-FS 777-1 - Fair Hearings

10-144-301 Me. Code R. § 700-FS 777-1

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Current through 2024-51, December 18, 2024
Section 144-301-700-FS 777-1 - Fair Hearings

GENERAL RULE - A household has an opportunity for a fair hearing when it disagrees with actions affecting its benefits. Any request for a fair hearing must be made within ninety days of the date of the action. The Department may waive time limits. Requests for hearings may be made orally or in writing at the Regional Office or at the Central Office. All decisions of fair hearing officials are binding on the Department.

NOTE: Clients who are dissatisfied with any action shall be given the opportunity to discuss their case with the immediate supervisor. The household shall be advised that this meeting with the supervisor is optional and will not delay or replace a fair hearing.

TIME LIMITS ON HEARINGS - The Department has sixty days from the date of the request for a hearing to hold the hearing, render the decision, and notify the household. Decisions will be implemented immediately.

The household can have the hearing postponed for up to thirty days. The time limit is extended accordingly.

NOTE: Hearing requests from households planning to move from the area within sixty days shall be processed faster than normal to enable a decision and possible restoration of benefits before they leave.

DEPARTMENTAL RESPONSIBILITIES ON HEARING REQUESTS

1) Provide without charge the specific Department documents requested by the client or his representative.
2) Provide a translator, if necessary.
3) Advise the household of legal services available.

DENIAL/DISMISSAL - The Administrative Hearings Unit shall not deny or dismiss a hearing request unless:

1) the request is not received within ninety days of the action.
2) the request is withdrawn.
3) the household or its representative fails to appear at the scheduled hearing, and does not present evidence that his absence was beyond his control.

CONTINUATION OF BENEFITS - If a household requests a hearing within twelve days of the notice, and the certification period has not expired, benefits shall be continued as authorized immediately prior to the notice unless the household waives continuation of benefits.

If the hearing request is not made within twelve days, benefits shall be reduced or terminated, as stated in the notice.

NOTE: If the Department is upheld, a claim against the household shall be established for all over-issuances which resulted from the continuation of benefits.

CHANGING BENEFITS PENDING A HEARING DECISION - Benefits shall not be changed prior to the hearing decision unless:

1) the certification period expires.
2) a subsequent change affects the household's benefits.
3) a mass change occurs, affecting the household's eligibility or benefit level.

NOTIFICATION OF HEARING - The time, date, and place of the hearing shall be arranged so that the hearing is accessible to the household. Written notice to all parties shall be provided at least ten days prior to the hearing. The notice shall:

1) give the time, date, and place of the hearing.
2) give the name, address, and telephone number of the person to notify if it is not possible for the household to attend.
3) specify that the Department will dismiss the request if the household or its representative fails to appear without good cause.
4) include the hearing procedures.
5) state that the household or its representative may examine the case file prior to the hearing.

THE HEARINGS OFFICER - Hearings shall be conducted by a Department hearing officer. The hearing officer shall:

1) administer oaths to all witnesses.
2) ensure that all relevant issues are considered.
3) request, receive, and make part of the record all necessary evidence.
4) regulate the hearing consistent with due process.
5) render a decision.

ATTENDANCE AT THE HEARING - The hearing shall be attended by at least one agency representative and at least one household representative.

HOUSEHOLD'S RIGHTS

1) The household shall be given an opportunity to examine all evidence at a reasonable time before the hearing, as well as at the hearing. The contents of the case file shall be made available.

EXCEPTION: Do not disclose the names of persons who have informed on the household and do not disclose the nature or status of any pending criminal prosecutions. Information that is protected from release cannot be presented at the hearing.

2) Present the case itself or have it presented by a legal counsel or other person.
3) Bring witnesses.
4) Advance arguments without undue interference.
5) Submit evidence to establish all pertinent facts and circumstances in the case.
6) Subpoena witnesses.

THE HEARING DECISION - The decisions of the Hearings Unit shall comply with the Federal law and regulations, and shall be based on the hearing record. The verbatim transcript or recording of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the official proceeding, shall be retained for three years. This record shall also be available, upon request, to the household or its representative at any reasonable time for copying and inspection at no cost.

A decision by the Hearings Unit shall be binding on the Department and shall summarize the facts of the case, specify the reasons for the decision, and identify the pertinent Federal regulations. The decision shall become part of the record.

10-144 C.M.R. ch. 301, § 700-FS 777-1