Administrative Hearings

The Division of Administrative Hearings provides administrative hearings to citizens and clients who are aggrieved by actions or inactions of the Maine Department of Health and Human Services. Hearings are conducted on a variety of matters including, but not limited to, child support, medical eligibility determinations, eligibility for Food Supplement, MaineCare, Temporary Assistance for Needy Families, Emergency Assistance, ASPIRE, General Assistance and licensing matters. Hearings are generally held at the regional offices of the Maine Department of Health and Human Services from Sanford to Fort Kent.


Proposed Rulemaking

Administrative Hearing Regulation; 10-144 CMR ch. 1

Posted: October 26, 2022


Concise Summary:

The proposed rule does the following: adds language regarding remote hearings and exchange of exhibit deadlines; revises subpoena process; updates references to Department programs; clarifies when a decision becomes final agency action; revises deadlines for requesting correction of decisions or re-opening the record; updates grammar and definitions; and describes process for Hearing Officer to control proceedings.

The rule replaces references to the Office of Administrative Hearings to the Division of Administrative Hearings to reflect the current structure of the Department. The rule updates statutory references and revises the subpoena issuance process to reflect 22-A M.R.S. § 207 and to clarify language. The rule substitutes the term “appellant” for the term “claimant” so that the language more accurately describes the role of the parties.

The rule adds or further defines the terms of Authorized Representative, Chief Administrative Hearing Officer, Commissioner, Irrelevant evidence, Party, Preponderance of the Evidence, Stipulation, and Unduly Repetitious Evidence. The rule adds language to clarify that hearings can be held remotely by telephone or by videoconferencing. The rule replaces references to “Food Stamps” and “AFDC” with the updated programs of SNAP and TANF.

The rule adds language regarding deadlines for exchanging exhibits and revises deadlines for the Department to provide access to the case file. The rule adds language clarifying the process that the Hearing Officer should use to warn and control disorderly persons in a hearing. The rule revises the process regarding how and when a good cause hearing will be held to reinstate a hearing after a party fails to appear. The rule removes an unnecessary note regarding hearsay evidence. In general, the rule revises grammar and re-arranges the order of the regulation to provide better clarity. The rule revises deadlines for requesting corrections and re-opening the record. The rule clarifies when a decision becomes final agency action.

The comment period has closed.