Current through 2024-51, December 18, 2024
Section 649-201-4 - CHOICE OF APPEALS PROCESS1. The Presiding Officer shall notify the appellant in writing of the option to choose one of two appeal processes: A.Expedited Appeal. The appellant may choose to rely solely on the documentary evidence considered by the Executive Director and the Statement of Appeal. The decision to proceed under the Expedited Appeal process is irrevocable once the expedited process has commenced.B.Hearing on Appeal. Alternatively, the appellant may request to have a hearing pursuant to 5 M.R.S. § 9052. 1. The appellant must respond in writing to the Presiding Officer as to his or her selection of the type of appeal process within 15 calendar days after the written notice by the Presiding Officer. If the appellant does not respond within the timeframe prescribed herein, the Presiding Officer shall commence the Expedited Appeal process set forth in Section 4(1)(A).2. If the appellant elects a hearing process, the Presiding Officer shall notify the appellant in writing of the hearing date and provide notice that if the appellant fails to appear at any hearing, the appeal may be deemed to have been abandoned in accordance with Section 7. 94- 649 C.M.R. ch. 201, § 4