Page 30

Chapter 24 – Home Energy Assistance Program Page 30 of 33 person other than the one who made or approved the decision under review. MaineHousing will review the file, conduct necessary research, and give the Primary Applicant an opportunity to present written or oral objections. In rendering a decision MaineHousing will evaluate the accuracy of the calculations, the level of documentation provided by the Primary Applicant, and the accuracy of the decision. MaineHousing will communicate the results of the research/review to the Primary Applicant. If the Primary Applicant does not agree with the results of the Informal Review the Primary Applicant may submit a written request for a Fair Hearing, but only in the following limited circumstances: the Primary Applicant’s claim for assistance was denied or not acted upon with reasonable promptness (meaning it was not certified or denied within the required time-frame outline in this Rule or as approved by waiver); the Primary Applicant disputes the criteria used to calculate the amount of their Benefit; or the Primary Applicant is required to refund an Overpayment.

B. Fair Hearing.

1. Pursuant to the HEAP Act, 42 U.S.C. §8624(b)(13), MaineHousing will provide an Primary Applicant an opportunity for a fair administrative hearing. Fair hearings shall be conducted in accordance with the Maine Administrative Procedures Act, Title 5, Chapter 375 by the Director of MaineHousing (or their designee) or such other contractor selected by MaineHousing. The parties may receive a transcript of the hearing upon payment of the reasonable cost for the production thereof.

2. Within thirty (30) calendar days of the hearing's conclusion the hearing officer will prepare a recommended hearing decision. Copies of the recommended decision will be provided to the Primary Applicant.

3. A final decision and order will be made by the Director of MaineHousing in writing within sixty (60) calendar days of receipt of the hearing officer's recommendation. In the event the Director of MaineHousing presides over a hearing, they shall render their decision and order within sixty (60) calendar days of the hearing's conclusion or sixty (60) calendar days of the recommended decision. The Director's decision and order shall include findings of fact sufficient to apprise the parties of its basis. A copy of the decision and order will be provided promptly to each party to the proceeding or their representative of record. Written notice of the party's right to appeal the decision and other relevant information will be provided to the parties at the time of the decision and order. The decision and order will be implemented by the Subgrantee no later than ten (10) calendar days after receipt if it is in the Primary Applicant’s favor and otherwise forty- five (45) calendar days unless stayed on appeal. 13. Errors and Program Abuse.

A. Reporting Errors and Program Abuse. Subgrantees are required to report any suspected or alleged Errors or Program Abuse. Any individual may also report suspected Errors or Program Abuse by telephone 1800- 452-4668 or (207) 626-4600, in writing to MaineHousing, Attn: HEAP Errors and Program Abuse, 26 Edison Drive, Augusta, ME 04330 or by email at LIHEAPcompliance@mainehousing.org. Any report should include at minimum, the name and address of the person being reported and any details of the suspected Errors and Program Abuse.

B. Investigation. MaineHousing will investigate all reported and alleged Errors and Program Abuse and may investigate the previous three (3) Program Years and may place Benefits on hold during the investigation. Primary Applicants will be notified and given the opportunity to respond and provide additional documentation. MaineHousing will make a determination on the appropriate action, based on the response. If an Primary Applicant fails to respond or fails to provide the documentation requested, the Primary