Current through 2024-51, December 18, 2024
Section 597-2-7 - APPEALS1.Appeal to CSSP Program Manager. An applicant or participant (or parent or legal guardian of an applicant or participant who is a minor) who is dissatisfied with a CareerCenter's decision related to the eligibility for or the provision of CSSP services has the right to file a written appeal with the CSSP Program Manager within 30 days of the decision. If no appeal is filed, the CareerCenter decision shall become final. If the customer files a written appeal within ten (10) days of a decision to terminate the participant from the program or terminate or reduce assistance provided for in a currently effective ISS, then the decision will not be implemented pending the outcome of the administrative appeal process. Any writing may be used to file an appeal. The CSSP Program Manager will issue a written decision within fifteen(15) days of the filing of the appeal. The decision may reflect an agreed resolution to the appeal or, if no agreed resolution was reached, it will reflect the CSSP Program Manager's decision.2.Appeal of CSSP Program Manager's Decision. The applicant or participant (or parent or legal guardian of an applicant or participant who is a minor) may appeal the CSSP Program Manager's decision by filing a written request for a hearing by a hearing officer. The request must be filed with the Program Manager within 30 days of the date of issuance of the CSSP Program Manager's Decision. If no appeal is filed, the Program Managers decision shall become final. The 30-day appeal period may be extended up to 15 additional days if the individual can show good cause for failing to appeal within the initial 30-day period. Upon receiving a request for a hearing, the Program Manager shall forward it, together with a copy of the decision being appealed, to the hearing authority designated by the Department. The Administrative Hearing Officer shall conduct a hearing in accordance the Maine Administrative Procedure Act 5 M.R.S.A. ch. 375, subchapter 2 and render a decision within 30 days of the hearing request. The Hearing Officer may affirm, set aside, modify or remand the CSSP Program Manager's decision. A hearing decision affirming, setting aside or modifying the CSSP Program Manager's decision pursuant to this section is final agency action and may be appealed to the Superior Court.
3.Notices. All decisions regarding eligibility for CSSP or regarding the benefits provided under CSSP, including the ISS, must be in writing and must provide notice to the applicant or participant of his or her right to appeal to the Program Manager, and if dissatisfied with that decision, to appeal by requesting a fair hearing. CareerCenter staff shall assist applicants or participants who express a desire to file an appeal or hearing request with the process.12- 597 C.M.R. ch. 2, § 7