A.
GENERAL
1. This Section governs
the means of appealing a decision made by the Department to the Maine
Department of Health and Human Services Office of Administrative Hearings. A
person aggrieved by a Departmental decision or action relating to
implementation of its statutes and rules relating to the subject matter of this
rule may pursue administrative or judicial recourse, in accordance with the
Department's Administrative Hearings Regulations 10-144 CMR ch.
1, the Maine
Administrative Procedure Act (5 MRS Ch. 375, Sub ch. 4), and Rule
80C of the Maine Rules of Civil
Procedure. Appeals of decisions made by local authorities must be made to the
relevant municipal officials.
2. A
person whose interest in abutting or adjacent property is directly affected by
a decision or action of the Department is considered an aggrieved party
entitled to bring an action challenging the validity of the decision. Appeals
by an aggrieved party must be based on adverse Department decisions affecting
said aggrieved party. Appeals contending that a decision by the Department
misapplies laws, procedures, or rules; or is based upon a significant factual
error to the detriment of the aggrieved party, may be
filed.
B.
PROCEDURE
FOR FILING AN APPEAL
Hearing requests must be directed to the Department at Maine
Center for Disease Control and Prevention, Division of Environmental Health,
Drinking Water Program, 11 State House Station, 286 Water Street, 3rd Floor,
Augusta, Maine 04333-0011.
1. The
request must state in writing the specific issues being appealed and be filed
with the Department within 30 days of receipt of the Department's notice of its
decision.
2. Within 14 days of
receipt, the Department or its designee will forward the request for an
administrative hearing to the Administrative Hearing Unit, to the attention of
the Chief Hearings Officer, Office of Administrative Hearings, 11 State House
Station, Augusta, Maine 04333-0011.
3. Along with the appellant's request, the
Department will forward a completed administrative hearings report form, as
well as the Department's decision on appeal.
4. The Department of Health and Human
Services Office of Administrative Hearings may deny appeals filed after 30 days
from the date of the decision.
C.
PROCEDURE FOR HEARING
A hearing officer at the Department's Office of
Administrative Hearings will conduct the administrative hearing. The hearing
will be conducted pursuant to the Administrative Hearings Regulations at 10-144
CMR ch. 1 and in conformity with the Maine Administrative Procedure Act, 5 MRS
Ch. 375.
