14- 193 C.M.R. ch. 4, § 3
Affected agencies shall certify their compliance with these rules in writing to their Bureau of Mental Health Contract Administrator. Such certification shall identify the representative and his/her affiliation with an appropriate organized mental health family support or consumer organization. The Contract Administrator shall be similarly notified of vacancies in representation and of the affected agency's plan to fill that vacancy in a reasonable time.
As contracts with the Bureau of Mental Health require that "(t)he Provider warrants and represents that all governmental ordinances, laws and regulations shall be complied with" (Agreement to Purchase Community Mental Health Services, Rider B, Item 16), failure to comply with these rules shall be considered noncompliance with the conditions for department funding under said contract or agreement. If the Contract Administrator believes that an affected agency is not in compliance, he/she shall notify the Commissioner and shall further require that the agency show cause why the agency should not be found in noncompliance.
The Commissioner shall schedule a meeting with the affected agency at which the agency will be given the opportunity to show that it is in fact in compliance. If the agency fails to satisfy the Commissioner as to its compliance with these rules, he/she shall make that finding and shall direct the agency as to specific steps required to come into compliance and shall establish a time-frame within which the agency shall be required to take such specific steps. If at the end of this time the agency fails to satisfy the Commissioner that it has taken the steps directed to rectify the situation and has come into compliance with these rules, then the Commissioner shall issue finding to that effect and shall direct the Contract Administrator to withhold contract payments until such time as the agency is found in compliance. The Commissioner's finding that the agency has failed to take corrective steps as directed and is not in compliance shall be final agency action.
Further appeal of a finding of noncompliance may be sought through the procedures as set forth in the Maine Administrative Procedures Act ( 5 MRSA, Section11001 et seq.). This statute provides for further appeal.
14- 193 C.M.R. ch. 4, § 3