10-144-330 Me. Code R. § 6

Current through 2024-51, December 18, 2024

Section 144-330-6 - TERMINATION, REDUCTION OF SERVICES AND EMERGENCY LEAVE

A.Reduction of Services

Participant's Support Service benefits will end or be reduced when the Participant is no longer eligible for the Support Service, there is not unmet need, or the Support Service is not necessary to maintain uninterrupted participation in the approved program. The Department will not end or reduce a Participant's Support Services without advance notice. Participants issued a written notice of termination will have no new Support Services authorized past the date on the notice. If eligibility is reinstated within the timeframe allowed, Support Service benefits may be restored back to the date eligibility ended. Participants on Emergency Leave are ineligible to receive Support Services from the HOPE Program without Department approval.

B.Termination

(1) The Participant will be terminated from the HOPE Program if any of the following occur without Good Cause:

a) Withdraws voluntarily in writing; or

b) Falsifies or misrepresents HOPE Program eligibility subject to Section 3; or

c) Fails to provide required eligibility documentation requested by the Department; or

d) Misuses program funds; or

e) Is determined no longer eligible as defined in Section 3.

Participants will not be terminated without advance notice. Participant's enrollment will be held until the last day of the month following the end of the advance notice period. If the Participant submits documentation reinstating eligibility prior to termination, the termination process will end and Support Services will be restored. In the case of voluntary withdrawal, termination takes effect immediately when the Department receives the written notice of voluntary withdrawal. Verbal requests for voluntary withdrawal will follow advance notice guidelines. An individual who has been terminated from HOPE will need to successfully complete the application process to reenroll.

(2) Proof that Good Cause exists must be submitted to the Department. This proof may include documents from an approved medical or mental health professional, verification by court, law enforcement records, or statement from a Navigator or other social service provider.

C.Emergency Leave

Emergency Leave will allow Participants to temporarily suspend compliance with HOPE Program satisfactory progress eligibility requirements for up to 26 consecutive weeks without losing their program position. There is a HOPE Program lifetime limit of one (1) Emergency Leave period per Participant, regardless of duration.

EXCEPTION: Participants with a permanent disability that interferes with regular participation and causes them to require more than one Emergency Leave to successfully complete their Training or Education Program may request that the Department waive the lifetime limit of one Emergency Leave period per Participant. The Department will issue a written decision on the Participant's waiver request. If the decision denies the request, the Participant may appeal the decision as provided in Section 7. "Disability" is defined as a physical or mental impairment that substantially limits one or more major life activities (such as walking, talking, seeing, hearing, or learning), a person who has a history or record of such impairment (such as cancer which is in remission), or a person who is perceived by others as having a physical or mental impairment that is not transitory and is not a minor impairment.

(1) Participants are eligible for Emergency Leave for the following reasons:

a) The Participant is granted a period of leave by their institution; or

b) Incapacity of the program Participant or their child who resides in their home and requires the Participant's care, that requires prolonged absence from the Training or Education Program; or

c) Incident or effect of domestic violence; or

d) Employer mandated temporary change in employment that affects attendance in the Training or Education Program; or

e) An emergency that is beyond the control of the Participant that temporarily prevents participation in the Training or Education Program.

(2) Proof of Emergency Leave may include: an official notice of leave granted by the Training or Education Institution, a written statement from a law enforcement official or a social service agency, a police report, court order, news report, a medical statement from the Participant's or child's medical provider, or an employer statement indicating temporary increase in hours or change of work schedule or any other documentation that the Department determines to reasonably support the Participant's claim of an emergency.

10-144 C.M.R. ch. 330, § 6