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DLRS Home > Grievance Process Guide for Recipients of Mental Health Services > Level III

Community Services Programs

Grievance Process Guide for Recipients of Mental Health Services - Level III Grievances Related to Services Provided in the Community and at Inpatient Facilities

When the commissioner receives your appeal, it will be sent to the Department of Labor (DOL) Division of Administrative Hearings, 54 State House Station, Augusta, ME 04333 within five (5) working days. The Division of Administrative Hearings, a special unit within the Department of Labor, is staffed by people who are trained and experienced in making impartial decisions about matters under dispute.

The commissioner also will send a letter to the Division of Administrative Hearings that will indicate whether the grievance is being referred for a "final" decision or a "recommended" decision. A copy of that letter will also be sent to you.

(More information click on for "recommended" and "final" decisions.)


WHAT HAPPENS NEXT

Within five (5) days of receiving the commissioner's letter, the Department of Labor Division of Administrative Hearings will begin preparing for a hearing on your grievance.

Pre-hearing Conference:
A pre-hearing conference is not required by law, but the hearing officer will probably hold a meeting to talk to you and someone who represents the agency or facility you have filed a grievance against. During this meeting, you will be asked to identify the issues that need to be discussed during the hearing. You may also be asked to talk about what, if any, witnesses and documents you may want to bring to the hearing, so that it will proceed as smoothly as possible.

It is important to remember that you can avoid a hearing and settle your grievance at any point in the process--until the hearing officer has issued his or her decision. You can even settle your grievance after the hearing has begun. For more information about other ways to settle your grievance, see "Problem-Solving Options".

The Administrative Hearing:
You will receive written notice of the date, time, and place of the hearing from the hearing officer, Department of Labor employee. At the hearing, you may present any witnesses to the event(s) under discussion, or present any documents that are relevant to the situation under review.

You also may examine and/or cross-examine witnesses, and have an attorney, a designated representative, or Disability Rights Center of Maine (formerly Maine Advocacy Services) or the DHHS Office of Advocacy staff help you if you wish. While hearings are not conducted like courtroom trials, the hearing officer is allowed to establish and maintain rules that everyone present at the hearing must follow. The hearing will be recorded electronically.

The Hearing Officer's Decision:
The hearing officer will issue a formal written decision that discusses the issues and testimony presented, and applies the facts of the situation, as he or she has determined them, to the relevant rights regulations and the AMHI Consent Decree.

Under rare circumstances, and as noted, the process described above may take place at Level II.

WHAT HAPPENS IF YOU RECEIVE A FINAL DECISION FROM THE DIVISION OF ADMINISTRATIVE HEARINGS:

If the commissioner has sent your case to the hearing officer for a final decision, that decision represents the Department's final ruling on the matter.

If you remain dissatisfied with the outcome of this ruling, you may appeal to the Maine Superior Court under Rule 80C of the Maine Rules of Civil Procedure.

WHAT HAPPENS IF THE DIVISION OF ADMINISTRATIVE HEARINGS MAKES A RECOMMENDED DECISION ABOUT YOUR GRIEVANCE:

If the commissioner has sent your grievance to the hearing officer for a recommended decision, the hearing officer will follow all the steps outlined above for a Level III hearing, and will send the recommended decision to the commissioner for review.

The Commissioner's Review: The commissioner will review the recommended decision within thirty (30) working days, whenever practicable. During this review, the commissioner will consider any broad policy or financial considerations that your grievance raises, and make a final decision on the matter with those considerations in mind.


APPEALING THE COMMISSIONER'S DECISION

The decision of the commissioner after a Level III review represents the final state agency action on the matter. If you remain dissatisfied with the outcome of this ruling, you may appeal to the Maine Superior Court under Rule 80C of the Maine Rules of Civil Procedure.