94-411-702 Me. Code R. § 3

Current through 2024-51, December 18, 2024
Section 411-702-3 - Definitions
1.Appeals clerk. "Appeals clerk" means the dedicated clerk who acts as liaison between the hearing officer and the parties to an appeal. The appeals clerk shall avoid all communication with System staff, or MainePERS representatives, regarding substantive issues for cases on appeal. The appeals clerk shall address all policy and procedural questions to the clerk's supervisor, the system advisor or Board counsel.
2.Board. "Board" means the Board of Trustees of MainePERS.
3.Board counsel. "Board counsel" means the attorney general or the designated assistant attorney general assigned to represent the Board and to prepare the Board's decisions.
4.Chief Executive Officer. "Chief Executive Officer" means the Chief Executive Officer of MainePERS or their decision-making designee.
5.Hearing officer. "Hearing officer" means an individual who has contracted with the Board to conduct appeal proceedings under this Chapter.
6.Medical review service provider. "Medical review service provider" means an entity with whom the Chief Executive Officer has contracted for the review of medical records and the provision of recommendations, opinions and certifications by health care providers employed by the entity.
7.Maine PERS or System Representative. "MainePERS Representative" or "System Representative" means the person or persons advocating for the decision of the Chief Executive Officer in an appeal.
8.Participating Local District. "Participating local district" means a local district which has approved the participation of its employees in the Retirement System under 5 M.R.S. §18201.
9.Party. "Party" means the person bringing an appeal, MainePERS, and any person who intervenes in an appeal. If an appeal involves or affects a participating local district, "party" includes the participating local district, regardless of whether the participating local district actually participates as a party in the appeal.
10.Person. "Person" means any individual, partnership, corporation, governmental entity, association or public or private organization of any character, other than the Board or the System.
11.Record. "Record" means those materials required by 5 M.R.S. §9059 and this rule to be compiled in the course of an appeal.
12.Staff. "Staff" means an employee of MainePERS, other than the MainePERS Representative.
13.Substantially larger caseload. "Substantially larger caseload" means that the number of appeals a hearing officer is presiding over is at least five and exceeds the mean hearing officer caseload by at least 30%.
14.System advisor. "System advisor" is a System employee who is knowledgeable in System policies, practices and procedures and who is available as an informational resource to assist the hearing officer, the Board and Board counsel.

94-411 C.M.R. ch. 702, § 3