General Assistance Proposed Rule #26

Date posted:

Attachment(s):

10-144 C.M.R. Chapter 323; Maine General Assistance (GA) Manual, Sections II, III, V, VI, VII, X, XI, XII and XIII

GA Rule #26P – P.L. 2024, Chapters 575 and 643

The proposed rule changes would update the Maine General Assistance (GA) Manual consistent with legislative changes to 22 M.R.S. §§ 4302, 4304 and 4305 made by P.L. 2024, Chapters 575 and 643.

Proposed changes to Section II, DEFINITIONS, would add definitions for Authorized Representative, Culturally and Linguistically Appropriate Services, Local Office, Municipality of Responsibility, and Trauma Informed Services. The definition of Available Resource would remove “or Authorized Representative” and the definition of Case Record would add “paper or electronic”. In addition, Net Income would add “work-related” and Property Tax Fairness Credit would add “be” to “will counted as income.”

Proposed changes to Section III, RESPONSIBILITIES, would add:

  • (A)(2) as “Local office. Municipalities must have a designated place where any person may apply for general assistance during the municipality’s regular business hours.”
  • (A)(9) would add “Training. Municipal administrators shall complete mandatory training, provided by the Department, no later than the 120th day after appointment or election.”
  • (B)(2) would add “providing training and” to the list of Department Responsibilities.
  • (B)(4) would add “or their Authorized Representative” and “is found by the Department to have failed” to the Department’s ability to intervene on behalf of General Assistance applicants.
  • (B)(6) “represent” would replace “represents”.

Proposed changes to Section V, MAXIMUMS, CATEGORIES AND LEVELS OF ASSISTANCE, would include:

  • (D)(5) would be added as “The maximum duration that an applicant may receive housing assistance for hotel, motel, inn or in a similar place of lodging in excess of the municipality’s budgeted maximum levels is 30 days in a 12-month period. This does not preclude an applicant from receiving housing assistance less than or equal to the municipality’s budgeted maximum levels for the remainder of the 12-month period as long as the applicant meets requirements.”
  • (D)(8)(a) would be updated to “A municipality may choose to consider the actual costs of an emergency shelter up to the 0-bedroom heated shelter amount allowed by ordinance.”

Proposed changes to Section VI, MUNICIPALITY OF RESPONSIBILITY include:

  • (A)(3) clarifies that a municipality is “required to” take an application from a presenting applicant even when the municipality doesn’t believe it is financially responsible for that application.
  • (A)(4) would update “30 day” to “30-day” period.
  • (A)(6)(b) would update to “The Department will render a written decision to resolve the dispute to the involved municipalities within 30 days of the request for Department mediation.”
  • (A)(6)(b)(ii) “or applicant” would replace “or person”.
  • (A(6)(b)(iii) “Pending the Department’s decision” would replace “In the interim”.
  • (A)(6)(c) would remove “owing” and add “found responsible by the Department” and “of issuance of the Department’s decision.”
  • (A)(6)(c)(i) would remove “by telephone or letter”.
  • (B)(2)(a) “physically located” would replace “resides”.
  • (B)(3) would add “6 months after relocation.”
  • (B)(3)(a) “The sending municipality will maintain responsibility for processing applications and determining eligibility for assistance, unless otherwise agreed upon by the affected municipalities.” would replace “up to 30 days if the relocation is to permanent housing, or”
  • (B)(5) would be updated to “If an applicant is experiencing homelessness at the time of application and has been for 12 month or less” from “6 months or less”.

Proposed changes to Section VII, RETENTION OF RECORDS, would include:

  • (B) and (B)(I) “Audio recordings” would replace “Audio tapes.”

Proposed changes to Section IX, REVIEW OF MUNICIPAL ADMINISTRATION OF GENERAL ASSISTANCE, would include:

  • (B)(5) “the Department representative” would replace “he/she”.
  • (B)(5)(c) “the administrator” would replace “he/she”.
  • (C)(5)(f) would remove “of case activity in emergency situations that indicates the emergency and the reason for granting more than the maximum allowed”.

      The proposed rule changes are consistent with 22 M.R.S. § 4323(1).

Proposed changes to Section X, PENALTIES would include:

  • (A)(1)(a) would add “The Department determines that a municipal administrator has not completed mandatory program training;”

Proposed changes to Section XIII, TRAINING, would include:

  • (A) would add “Access to training required.”
  • (A)(1) would be updated to “The Department will ensure that all overseers and municipal officials have access to training, at no cost to the municipality. Training will cover:”
  • In addition, (A)(1) would add i, ii, and iii as “the purpose of the General Assistance Program;” “the laws governing the General Assistance Program’s administration, procedures, and requirements;” and “the delivery of Trauma Informed and Culturally and Linguistically Appropriate Services.”
  • (B) “Cooperation in provision of training” would be added.

AGENCY CONTACT PERSON:

Sara Denson, General Assistance Program Manager

Department of Health and Human Services

Office for Family Independence

109 Capitol Street

Augusta, ME 04330-6841

Phone: (207) 624-4193/Fax: (207) 287-3455

TT Users Call Maine Relay – 711

Sara.Denson@maine.gov

STATUTORY AUTHORITY: 22 M.R.S. §§ 42(1) and (8); 4302-A; 4304(1); 4305(7) and 4323(1)

PUBLIC HEARING: Monday, November 25, 2024, at 9:00 a.m. in room Maine A/B at 109 Capitol Street, Augusta, ME 04333.

The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before Monday, November 18, 2024.

COMMENT DEADLINE: Thursday, December 5, 2024, at 5:00 p.m. Eastern Time.

Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking.

Office: Office for Family Independence

Public hearing: -

Meeting location:

Maine A/B Conference Room

109 Capitol Street, Augusta, ME 04333

The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before Monday, November 18, 2024.

Comment deadline:

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