Section 197-11-11 - APPEALS PROCESS(A) The Department or its Authorized Agent must notify the consumer in writing that he/she has the right to appeal any decision to reduce, deny, or terminate services provided under this Chapter. In order for services to continue during the appeal process, the Department must receive a request for an appeal within ten (10) days of the notice to reduce, deny,or terminate services. Otherwise, the Department must receive a request for an appeal within sixty (60) days of the date of the notice to reduce, deny, or terminate services. The Department or Authorized Agent shall inform consumer's in writing of their right to request an administrative hearing in accordance with this section.(B) Requests for appeal must be made by the consumer or his or her representative in writing to the Department of Health and Human Services, CDPAS Program, 2nd floor Marquardt Building, Augusta ME 04333, or by telephone by calling 287-4242 or TTY 1 800 606-0215 . The date a written or verbal request is received by the Department is considered the date of request for the hearing.(C) If any of the following circumstances exist, the Office of Administrative Hearings, Maine Department of Health and Human Services may dismiss the request for an administrative hearing. This dismissal is the final agency action on this matter. 1. The Consumer withdraws the request for the hearing.2. The Consumer, without good cause, abandons the hearing by failing to appear.3. The sole issue being appealed is one of federal or state law or policy requiring and automatic change adversely affecting some or all consumer's.4. The consumer dies. Where an consumer's request for an administrative hearing is dismissed pursuant to this Section, the Office of Administrative Hearings shall notify the member of his/her right to appeal that decision in Superior Court.
(D) The hearing will be held in conformity with the Maine Administrative Procedure Act at 5 M.R.S.A. §§9051 - 9064 and the Office of Administrative Hearing's Administrative Hearing Regulations.14- 197 C.M.R. ch. 11, § 11