CHAPTER 130
H.P. 872 - L.D. 1189
An Act to Revise the Procedure to Appeal Nonacceptance into a Self-employment Assistance Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1197, sub-§8-A, as enacted by PL 1995, c. 665, Pt. DD, §3 and affected by §12, is repealed.
Sec. 2. 26 MRSA §1197, sub-§8-B is enacted to read:
8-B. Appeal of nonacceptance into a selfemployment assistance program. All determinations under this section must be made in writing. A determination that an individual has not been accepted into a program approved by the commissioner that provides self-employment assistance activities may be appealed only as provided in this subsection.
A. A person who receives a determination of nonacceptance into a self-employment assistance program may obtain a review of that determination by a board appointed in accordance with rules adopted under subsection 9. Appeals to the board must be filed, in writing, within 15 calendar days after the determination is mailed to the individual's last known address. The period within which an appeal may be filed may be extended, for a period not to exceed an additional 15 calendar days, for good cause shown.
B. When an individual requests a review, the board shall promptly investigate and attempt to resolve the complaint informally. If the problem is not resolved to the complainant's satisfaction through this informal process, a hearing by an impartial hearing officer to review the board's decision must be scheduled and conducted in accordance with the Maine Administrative Procedure Act.
C. A person aggrieved by the decision of the hearing officer may appeal by commencing an action pursuant to Title 5, chapter 375, subchapter VII. The Commissioner of Labor must be made a defendant in any such appeal.
See title page for effective date.
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