10-144 C.M.R. ch. 115, § 38 - Hearings

38.1 Appeals to decisions made under Section 37 shall be made to the Administrative Hearings Unit of the Department of Health and Human Services. The request must be made in writing within thirty (30) days of the initial denial, to the:

Office of Administrative Hearings

Department of Health and Human Services,

11 State House Station

Augusta, Maine 04333-0011

Hearings will be held on an expedited basis and a written decision will be rendered within thirty (30) days of receipt of the request. The Office of Administrative Hearings will arrange the date, time, and place of the hearing, and shall designate a presiding officer. The individual requesting the hearing will be given at least twenty (20) days advance notice of the hearing date. The hearing shall be held in conformity with the Maine Administrative Procedure Act, 5 MRSA §8001 et seq. and the Department's Administrative Hearings Manual.The presiding officer shall issue a written decision and findings of fact or, pursuant to provisions of the Administrative Hearings Manual, issue a written recommendation to the Commissioner of the Department of Health and Human Services who will make the final decision.

38.2 When a medical assessment by a medical authority other than the one involved in the decision under question is requested by the hearings officer or the member and considered necessary by the hearings officer, it will be obtained at the Department's expense and forwarded to all parties involved, allowing all parties to comment.

38.3 The decision(s), rendered by the hearing authority, in the name of DHHS, will be binding upon the Department, unless the Commissioner directs the hearing officer to make a proposed decision reversing final decision-making authority to him or herself.

Notes

10-144 C.M.R. ch. 115, § 38