A. 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; or
3. 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.
