95-659 C.M.R. ch. 248, § V - Appeals

A. General Provisions.A party aggrieved by a Board decision or action has recourse to administrative review in accordance with the provisions of the Maine Administrative Procedure Act, 5 M.R.S.A. Chapter 375, Subchapter IV.

B. Procedure for Securing Administrative Review

1. A person aggrieved by a Board decision or action may request administrative review by filing a written request for administrative review with the Maine Vaccine Board, c/o Maine Center for Disease Control and Prevention, Division of Infectious Disease Control, Department of Health and Human Services, 11 State House Station, Augusta, ME 04333-0011.

2. A written request for administrative review shall identify the decision or action under challenge, and the issue or issues which form the basis for review.

3. The written request for administrative review must be filed with the Board no later than thirty days after the Board decision or action which is the subject of the appeal.

4. Upon the timely filing of a request for administrative review, the Board shall determine whether or not the decision or action under challenge is appropriate for administrative review and notify the appellant in writing in timely fashion.

5. In the event the Board determines a request for administrative review is appropriate, it shall promptly schedule an administrative review hearing.

6. Any administrative hearing shall be conducted in accordance with the requirements of the Maine Administrative Procedure Act, 5 M.R.S.A. Chapter 375, Subchapter IV.

7. In the event a request for administrative review is granted, the Board shall designate an Administrative Hearing Officer, who shall provide appropriate notice of the hearing date, conduct the administrative review hearing, and issue a written decision upon the close of evidence, all in accordance with the relevant provisions of the Maine Administrative Procedure Act. The Maine Vaccine Board decision after administrative review shall be considered final agency action.

C. Judicial Review

1. A party aggrieved by final agency action of the Maine Vaccine Board has recourse to judicial review in accordance with 5 M.R.S.A. §§ 11001-11008 and Rule 80C ofthe Maine Rules of Civil Procedure.

Notes

95-659 C.M.R. ch. 248, § V