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MH Home > Rights and Legal Issues > Grievance Process Guide > Administrative Hearings

Grievance Process Guide for Recipients of Mental Health Services

Administrative Hearings

An Administrative Hearing is a formal meeting conducted by an Administrative Hearings Officer. The RRMHS Grievance Process requires that an Administrative Hearing be held at Level 2 or at Level 3. If there was not a hearing at Level 2, there must be one at Level 3.

At the Administrative Hearing, you can:

  • Explain you grievance;
  • Present evidence to support your grievance;
  • Present witnesses to support your grievance;
  • Challenge the evidence presented by the other side;
  • Question the other side’s witnesses.

An Administrative Hearings Officer is a person who knows about the Grievance Process and the law. He or she will listen to both sides before making an impartial decision.

The Administrative Hearings Officer will:

  • Listen carefully to both sides;
  • Review the evidence;
  • Determine what the “facts” of the case are;
  • Recommend a decision to the Commissioner of the Department of Health and Human Services.

The Commissioner will review the Administrative Hearing Officer’s recommendations and issue a final written decision.

The Commissioner’s Level 3 decision is called “final agency action.” That means there are no more Grievance Process appeals. If you don’t agree with the Commissioner’s decision, you can appeal to the Maine Superior Court.