Section 144-351-12-4 - REQUESTING A HEARING - PROCEDUREA. To request an administrative review hearing, the parent must serve the Division with a hearing request and an affidavit that states the grounds for the review ("review affidavit"). The request and affidavit may be combined as one document. Service is made by delivering the hearing request and the review affidavit to any office of the Division or by sending them by regular mail to: DHS Hearings Coordinator
Division of Support Enforcement and Recovery
State House Station 11
Augusta, Maine 04333-0011
Hearing request forms and review affidavits are available from the Division upon request. The review affidavit may be executed by the parent, the parent's attorney, or other person authorized to act on behalf of the parent. The requesting parent must execute the review affidavit if the affidavit contains a material statement of fact (as it must, for example, on a request for an amendment hearing), unless the parent is disabled from doing so. A statement affirmed under the penalties for unsworn falsification may be used instead of an affidavit.
B. If a responsible parent serves the Division with a hearing request but does not submit a review affidavit, the Division shall notify the responsible parent in writing of the requirement to submit a review affidavit. The Division shall provide a blank review affidavit form with the notice. The Division shall consider the review affidavit to be served timely if it is postmarked or received within the time allowed for a hearing request or within 15 days of the postmark date of the Division's notice that the responsible parent must submit a review affidavit. The Division shall send the notice of hearing required by 19-A M.R.S. §2451(1) within 7 days of receiving the responsible parent's executed affidavit.C. When the Division receives a responsible parent's request for an appeal hearing, the Division may serve its own review affidavit with the notice of hearing the Division sends to the parents. The Division shall set forth in its review affidavit any issues it believes should be reconsidered on appeal. The Department shall address the issues raised by the requesting parent and the Division at the appeal hearing and shall render a decision on all issues raised.D.Failure to set forth reviewable issues; hearing requests not made timely; disputed hearing requests1. If the Division determines that the responsible parent's review affidavit presents no issue that is reviewable at an administrative review hearing, or if a hearing is not required by law, it shall forward its written reasons in support of its position, together with a hearing report, to the Chief Administrative Hearing Officer and the responsible parent. The Chief Administrative Hearing Officer or designee shall apply Rule VI(B)(4) of the Administrative Hearings Manual in making a final determination as to whether to grant the hearing request. The Division shall issue the responsible parent a notice of hearing if the Division can reasonably interpret the responsible parent's hearing request and review affidavit to state a reviewable issue.2. If it appears to the Division's Hearings Coordinator that a request for hearing has not been made timely, the Division's Hearings Coordinator shall proceed in accordance with Rule VI(B)(4) of the Office of Administrative Hearings Manual.3. This subsection does not amend or limit the requirements of Section 5, below.10- 144 C.M.R. ch. 351, § 12-4