Section 148-34-4 - APPEAL PROCESS AND RIGHTSA.Factual Accuracy of Information. An individual who is determined ineligible because of disqualifying information found in one of the registries, repositories, and/or databases searched and who disputes the factual accuracy of the disqualifying information may request review of the disqualifying information directly to the agency that maintains that registry, repository, or database. Instructions on how to dispute the factual accuracy of the report will be included in the letter sharing the results of the background check with the individual.B.Substantiation of Child Abuse or Neglect. Individuals who receive a letter with ineligibility due to a substantiated finding may request an appeal pursuant to the Code of Maine Rules 10-148 Chapter 201 Rules for Procedures for the Abuse or Neglect Substantiation Process, for Appeals for Persons Substantiated as perpetrators of Abuse or Neglect of Children and Appeals for Denial of Access to Confidential Records.1. Individuals may request an appeal if the individual has not requested or received an appeal previously. a. A request for an appeal must be sent within 30 days;b. Exceptions to the 30 day requirement are limited to certain circumstances where the finding was made before 11/1/03 (see page 19 of the rules, Section XIV(B)) and findings which qualify for reconsideration under Section XV of the rules (page 20);c. A substantiated individual who is eligible for an appeal should submit any information they wish the reviewer to have as they consider whether or not the finding was founded;d. The appeals process has two stages, first is a paper review where a specialized Department employee reviews all of the Department's records regarding the finding along with anything submitted by the appellant and makes a determination as to whether the finding is upheld or overturned;e. If the finding is upheld the appellant has the right to request an Administrative Hearing pursuant Title 5: Administrative Procedures and Services Chapter 375: Maine Administrative Procedure Act.C.Conviction of a misdemeanor. An individual who received a Staff Letter of Eligibility with a disqualifier due to a conviction of a misdemeanor, as specified by the Department in Section 3(J)(5) of this rule within the preceding 10 years may request an appeal of the disqualification. 1. A written request for an appeal must be sent within 30 days of the date in which the Staff Member Letter of Eligibility was issued and include; a. Documentation demonstrating that the misdemeanor conviction within the preceding 10 years was the only disqualifying result in the comprehensive background check and;b. Documentation demonstrating that there have been no additional criminal convictions of any class following the disqualifying conviction and;c. Documentation that the individual is no longer under any sanction or conditions of the court system. This may include, but is not limited to, probation.2. The Department will review all documentation submitted within 10 days of receipt of the documentation. a. When criteria 4(C)(1)(a)-(c) have been met the Department will reverse the ineligible decision and provide the individual with notice of the decision and an updated Staff Letter of Eligibility will be mailed.b. When the individual has failed to make a timely request for appeal or does not provide adequate documentation of criteria 4(C)(1)(a)-(.c) the Department will provide the individual with a notice of the decision that eligibility status has not changed and will provide instructions regarding the individual's right to request an Administrative Hearing pursuant Title 5: Administrative Procedures and Services Chapter 375: Maine Administrative Procedure Act.10-148 C.M.R. ch. 34, § 4