Section 346-25-11 - Fair HearingsA. Maine Housing shall provide for a Fair Hearing in accordance with the APA whenever: 1. an application for WAP is denied;2. an application is certified as income eligible but the Dwelling Unit is not approved for WAP services; or3. a Fair Hearing is requested by a Person facing Deparment as provided in Section 12 below.B. The Appellant requesting a Fair Hearing must submit to Maine Housing a written request for a Fair Hearing within the respective time period called for in the applicable section of this rule. Any applicant requesting a Fair Hearing must submit the written request no later than 30 calendar days from the post marked date of a notice of denial or Debarment from the Subgrantee.C. Fair Hearings shall meet the following standards: 1. Fair Hearings shall be conducted by a Fair Hearing Officer.2. The Appellant will be sent a hearing notice providing an explanation of Maine Housing's Fair Hearing procedures, the pre-hearing right to discovery and the date, time and location of the Fair Hearing.3. Maine Housing will provide the Appellant with any exhibit documentation to be presented free of charge no later than 5 business days prior to the scheduled Fair Hearing. If the Appellant wishes to obtain copies of additional documentation they will be allowed to copy any documents related to the hearing at a cost of $.10 per page. Maine Housing will entertain requests for waivers of the fees in the case of deminimus numbers of copies or family hardship. Maine Housing must be given an opportunity to examine, at Maine Housing offices, before the hearing, any Appellant documents that are directly relevant to the hearing. Whenever an Appellant requests a Fair Hearing, Maine Housing will automatically mail a letter to the Appellant requesting a copy of any Appellant documents that the Appellant wishes to present or utilize at the hearing. The Appellant must make the documents available no later than 5 business days prior to the scheduled hearing date. The Appellant can satisfy this requirement by providing the documents via mail or in electronic form within the time constraints out lined above in order to allow Maine Housing the opportunity to prepare for the hearing. Failure to comply with this obligation may result in the Fair Hearing Officer not allowing the documents in to evidence.
4. The Appellant may be represented by a lawyer or other representative at the Fair Hearing at their own expense.5. The Fair Hearings will be conducted in accordance with the APA. The Fair Hearing officer is responsible to manage the order of business and to ensure that Fair Hearings are conducted in a professional and business like manner. Attendees are expected to comply with all hearing procedures established by the hearing officer and guide lines for conduct. Any person engaging in behavior that interferes with the orderly conduct of the hearing may be barred in whole or part from participation by the hearing officer.6. Any evidence to be considered by the Fair Hearing Officer must be presented at the time of the Fair Hearing. Evidence may be included without regard to the rules of evidence applicable to judicial proceedings. Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to relyin the conduct of serious affairs. If either Maine Housing or the Appellant fails to comply with the discovery requirements described above, the Fair Hearing Officer will refuse to admit such evidence. Other than the failure of a party to comply with discovery, the Fair Hearing Officer has the authority to over rule any objections to evidence.7. The Fair Hearing Officer must issue a written decision, stating briefly the reasons for the decision and shall include findings of fact sufficient to apprise the parties of its basis. Factual determinations must be based on a preponderance of evidence presented at the hearing. A copy of the hearing decision must be furnished promptly to the Appellant.8. A final decision and order will be made by the Director of Maine Housing in writing within 30 days of receipt of the Fair Hearing Officer's recommendation. The Director's decision and order shall include findings of fact sufficient to apprise the parties of its basis. A copy of the decision and order will be provided promptly to each party to the proceeding or their representative of record. Written notice of the party's right to appeal the decision and other relevant information will be provided to the parties at the time of the decision and order.99- 346 C.M.R. ch. 25, § 11