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.