§ 6-82. Method of obtaining a fair hearing

Upon receiving notification of the decision of the general assistance administrator, all claimants will be informed of the method of obtaining a fair hearing. All complaints that are not clear requests for a fair hearing will be answered by a personal interview or in writing by the general assistance administrator. If the client is satisfied with the adjustment or explanation, the administrator will make an entry in the case record and file any correspondence involved.

(a) Written request. To obtain a fair hearing, the claimant, or his or her authorized representative, must make a written request within five (5) working days of receiving the administrator's decision to grant, deny, reduce or terminate assistance, or within ten (10) working days after any other act or failure to act. The administrator will make available a printed form for requesting a fair hearing and will assist the claimant in completing it if necessary. On the printed form, the claimant will give the following information:

(1) The decision on which review is sought;

(2) The reason(s) for the claimant's dissatisfaction and why the claimant believes he/she is eligible to receive assistance; and

(3) The relief sought by the claimant.

The administrator cannot deny or dismiss a request for a hearing unless it has been withdrawn (in writing) by the claimant.

(b) Scheduling the fair hearing. Upon receipt of the completed written request the fair hearing authority must meet and hold the hearing within five (5) working days. The administrator will notify the claimant in writing when and where the hearing will be held (22 M.R.S.A. § 4322). In addition to the date, time and place of the hearing, the notice of fair hearing sent to the claimant shall include, at a minimum, the claimant's rights to:

(1) Be his or her own spokesperson at the fair hearing, or be represented by legal counsel or other spokesperson at the hearing, at the claimant's own expense;

(2) Confront and cross-examine any witnesses presented at the hearing against the claimant; and

(3) Present witnesses on his or her own behalf.

Arrangements for the date, time, and place of the hearing will take into consideration the convenience of the claimant and hearing authority. The claimant will be given timely notice to allow for preparation and will also be given adequate preliminary information about the hearing procedure to allow for effective preparation of his or her case.

(Ord. of 4-28-2008, Art. VII, § 7.2)