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HomeMy WebLinkAbout2006-02-13 06-080 ORDINANCEDale: 3-13-06 [tem No, 06 )SO Item/Subject Ordinance, Amending Chapter 134, Code of the City of Bangor -General Assistance Responsible Department Heamh and WaHare Commentary: Commentary: The purpose of Chapter 134 is M provide the framework in conjunction with State of Maine statutes and policies to deliver the General Assistance program to eligible residents of Bangor. While many of the changes reflect changes in the State's organizational structure, such as DHS W DHHS and AFDC to TANF, there are other proposed changes updating the city policy net are more substantive: Increasing the automobile allowance from Five Thousand Dollars ($5,000.00) In value m Eight Thousand Dollars ($0,000.00) in value. Allowing Flexibility in allotting the state overall maximums to address higher than allowed housing maximums. Department Head Ir Y A OM m..✓ V \. Budget Approval: Fln ceDimcior Legal Approval CRY sollp— Introduced for passage Fired Reading �ryO d -/r{ -O6 S . M Page _of_ Referral w O4vw^"`^'I V� P s \e Aarigndto Convcilor Alley February 13. 2006 CITY OF BANGOR (TITLE.) ORDINANCE Amending Owpter 134 of the Ordinances of the City of Bangor— General Assistance. sy are atyCoundlo/the cnyofgangw: ORDERED, MAT Chapter 134 be deleted in is entirety and replaced vvith Ube attached. 'IN CITY COUNCIL pebt 13. 2006 pits$$//Needing 6 Deferred to Gov§{�ment Operations IN CITY COUNCIL February 27, 2006 Notim Made sad Seconded to Open the Public Nearing. Public Nearing opened Notion Made and Seconded for Passage Vote: I-0 Councilors voting yea: Allen. D'Nrriea. Paaingtan.. Cratuict, Creme, Palmer. Stane Coumcllors voting nonoes Councilors abstent: Cas1. Namee Pass LSYs'tetu a'. p 06-080 ORDINANCE 2vILE) Amending Chapter 136, of the Ordiaoca the City of Aangot Oeoei Assistauce code o[tbe CYty MBagor ck4Pter 2S4 GmW Ademveee Progtem $130.1. Declnadon ofpo4ty. A. The City of Bangor analadmaista a pmgram of summit resistance available to all prions who are qualified to rmeive i ecerd memories meccoName withrhe sranderds of eligibility m set forth haemo. Applicaeooa will be aaepted during regular business hours from anyone who expresses a desire to receive msinmce, and relief will be fumbled to those who qualify wition bt hours of the date of alae submission of the eppliwtim. B. Assistance in the City of Bangor will be provided oorani5cetiov periods nes w excud one meant. In order m be eligible for sanatoria the appntcmt mora mad all eligibility requhements of Hese guidalmoss. Eligibility for wsimawv will be determined in accmdmx with §130.10a Mass guidelines. It is the polity of the Department not to make grate of M ah d'xtly to the rwaipimts. C. Every effort will be made by employees of the BuWia4LsWh and Welfare Departmeot to recrgrize and encowege dignity,self-respect and One of the Boils of the General Asanmce Program will W to assist each applicml ro aohievmg sel6 maiamavne and adequate social rasion. Ta incentive to work will be encouraged. An impor1sW Eau ofthe general program will be thepteawadm and strenglbeoing oflhef ly unit in ordain severe de rights of children to sound and healthy envimvmea conducive or normal development. D. 3b (IMend Assislawa pcogam will place no reelridion on the individual rights of My applicant, nor will there be any discrimination based upon law, sen, religion and political affi iation E. Ta Asa Ibwslth and Wartime Deportment will take al reassemble steps to assume dust each closet Is made aware of la slha rights and responsibilities under rte General Assistance Jsmgem. Each applic ust will be evarusted individually, with fair and equal treamswn being guoranteed to all applicants. Ary applicaa shall have due right to regoen a fair hearing of my daimon wrwardng hiuba nest m assonance so accoNmces wild trese gwdetiva and 22 M.R.SA. § 4322. F. As far as reasonably poadble, remakes; on an applications for maids se will be malls at the news of application. Compress records will be maimamed, and all infarmetim given by clients must be raogoiz 1 as privileged and coa-Wmdal. All dtiaions coneeravB the applicmds nine W assistance will bc given in writing nesting the rensoru why assistance was granted ordarded G. A rwtice will be posted in Me&d6a9r Jffiec of the Health& welfare Depamment stating the hours and days that gs Gcnael Assistance will be administered. Ao updated entry of these guidelines will be maintainedi fisr easy aaxss to my member ofthepubfic. H. A wny of these guidelines, warder with a copy of all application forms and notices, sell be on file with the Commisaiova of Health& Hmesn Services. Any ammdmmt or modification of areae Saideb es shall be subminedto the Commission fen oomment real filing. 4134-2. Uses nitiom Unless oNuwisedefivd, all leers used hoiein will haveftar connnon memdvgs. Words andpinasen bavhmg Venial defirdtions gal be defined wirer flay first appear In the guidelines, except as follows: APPLICANT --A person who has expressed, by unions ofd wrihm application fans, either directly or through an authorized represmtaM1ve, a desire to receive general assistance APPLICATION --An action by whicha Amon indicates in writing to We FublicHealftand Welfare Deparro mm dallier desire m receive gmeml wsismnm APPLICATIONFORM-.Adoomtmtmaf prewaibedby We DhectmofHealthand Wafare formalizing, in writing, fte appligm's desire to receive general assistance. BASIC NECESSITY — Food, clothing, shelter,fuel,electricity, nmodective medical services ammvmaed by a phystasq telephone where it is ngessary for medical rewom ad my other commodity or service drummed essential by We Director of Heigh Welfare Basic nearesities do nM include sanity deposits for rmlal pmpdy, except for theseemageacy situations whore not odor permanent lodging is available unless a security deposit is paid. CASE RECORDS --OtT iai files of forms, grtwpodwae and narrative records pertaining m fte application, detr mivffiion of eligibility, reasons for deasiow and aciiona by thecesewmka or the Drector of Both and Welfare and kinds ofasswance given each applicant. CLAha9ANT -- Any applicant or recipient who has requested a fair Imaging. DEFICIT --The dit'f resulting tram subtracting a household's net income from the overall +m for die appropriate howehold sae for a portaging municipality. DES=rFE - m distress and standing in and ofimmediak relief. DHtEC'IOR OF HEALTH AND WELFARE --Ihe municipal official decimated to rxave applicaYow, w make dacisiors concerning a client's rigid to assistance and to prapare guards and unicatlow concerning Standing a assistance. Ile Diceetm of Health and Welfie may delegate such tasks to after employees of the Rakiio- Mth real Welfare Department (mseworkas). DISABLED PERSON -- A poison who by reason of any incapacity of a physical or mental wtnre verifiable by objective nastiest evidence is fhaefore gable W work or maintain a home. DWELLMO IIIlff -- A building or pmt thereof used fmseperete living quercus for oar or mage persons Irving w a single Iwusokeepivg mit. EIv[EROENCY —Arty life-thremuung situation ora shooting beyond the comol of the individual which, if not Ooniatd immediately, gWd reasonably be espxtd to post a threat to the health and safety of person. If the applicant had su lident ivcomdresorrces to provide the basic necessities ceded to anoints the nominates but chose to two it for aper than Inane nxatltiee, on ennargeney will exist for general assistance purposes and flea applicant will net be eligible to receive assistmaem mmce that mcomdresource. os 080 GENERALASSISTANCEMOGRAM--Aservisadminisleredbyammdcipalityfortheimmediate eN ofpersora who are unable to prtvWehebaeic vecessitia essemielm mewtaiuth .IvamNe'v fampiee. HOUSEHOLD -. An individual or a group ofini ividuals who share a dwelling unit When an appfimnr shares a dwelling unit with one o more individual, even whet a Imdlord-twml Neaombip may exist between iodividuek in a dwelling, eligible apphossuts shall rxeive asvetare s f r m more [luta a pro rata stere of the actual casts of the shmd basic needs of that household scomili ig to [fie maximum levels of syshree adaBshed fit time chapter. The imome of household members not legally liable for supporting the household must be covsiderW as available to the applicant mly whet there is a pooling of income. INCOME --Any form ofivcome in cash or wkind received by the househoM, including ver renumearatim for service; psi i;cash nuovd to ether stturad or umsmed edit; any payments received es son eotuity; rairemm[ or disability benefm; benefit under my state or federal categorical asobstame program, supplemeNal security recreate (SS4 social security (SS) and any other paymems from govemmW source, unless spsifically prohibited by suy law or regulation; smtoNered support payments; income Gum pension or tmst fords; and household income from stay o%a source, itcludiog relative m umelared household mernbers LUST CAUSE —Just cause for failure to mat work mquimmems or the use of potential resources shall be fount when there is reasonable sort verifiable eviderce of. A. Physical or mmml flows or disability. - B. Below -minimum wags. C. - Sexusl baasment D. Physical o metml inabi4ty to perfmr required job tyska. E. Inability b work shred hours or to meet piecework statil . F. Lackofnuupo m,tomd6 wokmna X G. fusibility to awaege for vsswry child rare acme of mill or disabledbeauty member. H. - Any reason found to be loosed cause by the Bureau of Employment Seomity.EN 1. Any otberevidence which is rssomble and appropriate. LL1MP SM PAYMENT --A otaeGme or typically nortte un* seen of money issued to mapplicant m recipient abs an tribal apphestim. Lump sum payment include, but is no brusted to, rmreerive or setdemmt portions o£mclal security bemfirs, workers' compeusafim payments, uvsrploymmtbem5ts, disalrility iremte, veteran' benefits, scemrcepeybemfils or money received fiom ivherihma, lottery wrmmgs, peeroral mJuryawards, property damage claimsmdivorceaeblernenls. A lump sin payment incl W es only live anmuR of money available to the appficmt after payment of rsNirai deductions has bees mode form the grass Imp sum poymerd. Alump sum paynmt does not urclude conversion of 3 nunliquolmsomcew a hquidrmoume if me liquidrmomce Msbemused or is ivtmded to beused to replace the comet resource m for mbm necessary expenses. MMORCFHLD--Arrypmov who has twt analned dre age of l%Yems. MUMCIPAMTYOFUSPONSIBILIN —The mnicipaBtywhich Uliable for the auppmt ofm eligble prion m the time ofa lkimom NEED-- The condition whmeby a pmon's imume, money. Pr y, coedit, assess or other resources mailable topmvi Ie lsececessim fmdablindiby a ndtheivdividual's Gmily are lessrhm tM overall maximum levels of aadstavm embBshed by this chapter. NOTICE--Notice shall mvdhtle that reliefsha8 be [wrdshN or denied withiv 24 home ofthe mbmissim of m applim W's bme5t request REALESTATE--Anyland,buildings,homes,mobilehommandmyothmtbwpa xe wen Hand. RECWPN'[ --A person who hesbcen found eBgble to receive %en«al assutmceundathe�e gWdetivm by tM DirmtmofHealth and Welfare ornisNaaWLorizei assistant. RESWENT--Aperaonwhohasmovedimoamunicipalnywithtbeimmtiouofrmafii*g that mmdcipalityanda blish gahou id"whohenmotbmresidmce. ROOMING HOUSE--Ahome Bcmed by We CitywM the landlord rents w persons mch ofwhom pays the ImNmd fmniaha room althmg6 suchperaom maY share other faciliti®, anthers a badwmq IiawBmmmkitchem STUDENT --An individual oven des age of 18 yens wM is atnmfiy enrolled m apost-secondary educatiomlahWninBhom not spmiSWlYdesig assisthim/her-sensingmsplo du duringmr;. busiresa houm and.by virtue ofthio factEunavailable forfin1-time airyloymm during tMaehoms. UNEMPIAYAELE--Aniodividuslwho, l ughwo WtofhiNwrown ,averape Wofdi dmomhared animaUai iamoremrelaing=ybemploymentwspite yable. meed diligent attempts and rrymted efforts m tminin8 and rmalning may be comidemi mmPbYeble. UNMETNEED--ThediHaereems tiMg msubo-a gal esu ld'sp jat thirty-Lynn weme from the household's dWry-0ay rend, wnienia Ne sum oftM cpmt's actual whry-day expmes for basic vcees W tiee, uP to the aPaific cMpta maximums. g 134-3. C idenbalityofhd'omomom A Under2 M.R.S.&§QW, records, papas, filamd mmmwicafiam rending to m aWfimmt or re ipimt ofgmmal assistwee we etmfidmtiW, and no information relating to an appli=t or recipient of8eoaal msinance may be disclosed to the general public, urdms expressly per aW by that appliemtmrecipieN. E. LSamation suppfid m the municipality by We Stam DeparnneW ofHmM m &Human Services underM MRS.A. ¢ 4314, Subsection 1, mncamng recipimts ofrawgmiml assiamoce 06 080 is to be held mN'dmrisl by the municipality. Misuse ofhaomianoq wheeler in state or rmwi apal words, cmrcardn8 public assistmce clients is permissible by law as a rwsdemeamc (22 MRSA. § 42). ne Direct« of Health and Welfare should also be aware of laws concaving the mn5dmtisliN of records concerning narcotics psmcriptiova ard records concerning birth, marriage and death(22 M.R.S.A. § 2ro6). § 134-4. Meivmanceofrecorda. The RUWia-Hmlth and Welfare Depmhnan is tequird by atamte to kegs cwnplote records of general assistance grand by the City of Bangor. In addition to general statistical records concerning the mrmber ofpesom givenassistence ad the cost for such mWort, a sgtarate case record is establishd for each in ividual or household applying for genmal assistance. A. The pmposef kegting records of general assistance is tl fibld: (1) To provide a valid basis ofzcrounting for a wtliture ofmsmicipal funds. (2) To support decisions concerning the applicmCs elipbnity. (3) To asmre availabilay of information if a client seeks admiulstsative or judicial review of the caseworkers decision. 13. When verification ofc'ucumslmces afiddurg eligibility is nedd, information resordd will be R tdmwhatismaessarymeosurevAityofthed Wmconcerningassistance. AldrwpN evwYveNarmtive rxord will be utitizd to explain the unique circpmspvices of each chart. C. Mirmman iNormation to be maormind in ease records by the caseworker is the fallowing: (1) Completed appgcatfonf mshuroe. (2) Grounds for approval or denial ofappticatioa (3) A narrative social history recording Ne i df assistance, the results of home visits, collateral information. refemis, changes in statuses, dc. (4) Complete data concerning the type and amount of sasiemoce gamed. (5) A copy of the notification ofeligibihty form. § 134-5. Applicasion procdme. Any person wlw makes an application for assistmrce and who hes cever appgd for assistance in any municipality within the State of Moore shall have hisNa eligibility determined solely on the basis of ned.A subsequent applications shall beconeiderd in accordance with these guidelines. A. Right to apply. 5 (1) Any person has the fight to apply for genial aaaietevice. An individual may do sc by appearing in person before a caseworker and expressing a desbe to receive gmcal aesistarce and by completing a written application d other forms as mry be ra p irk by We Dvector ofHetW and[ Welfare If so inividual is wcapacimtcd, applsmdon maybe rnedethroaghaduly�repreae ve. (2) In any case when not applicant is unable, doe W illness, disability, lack atranspoMtion, lack of child care or other good cause, to apply in twiner for assisrmce or visible appoint a My aWwriasdryreseNaYw. the caseworker shall accept an application by telephone, subject W verif tlon by mail art a visit to the app4cant's home, with the conswt ofthe applicmr. If the applicant fails to give such consent. memos will be den ed. B. Caseworker's responsibilities at time of application. When applimm is made fn gertael assistmeq the naseworker"I id'wm the applicant of. (1) The at dards of eligibility for genial aasisgnce in the City of Bangor. (2) the applicant§right to review, and the vaave of the review, process. (3) The appliemt's responsibility for repoNng ell faces materiel w a proper dnemWafian of eligibility, d the p welties for false represaxation, W the caseworker W order to receive general assistance (see 22 MASA. § 4315) dthat such falserepreuMation is a Class B crime and may, upon written notice, result in a disqualification of 120 days. Allegafions of fraud d abuse made by mentees of the public may Ise invesfi®ted through home visit condunN during regular working Issues; (Monday through Friday, 8:00 am. to 4:W pm.). (4) Thejoint respaosibility of the caseworker own the applicant for preeesing rxords or documents in biwIter possession or readily available m hiwber to support bother atatemevts. (5) the kimis ofvenfmation need. (6) Ilse fat that an uwatigation will be undertaken by rhe&sblio-Hmhh and Welfare BeparmeerU as the When m's rncorne, resources d assns and that such an investigation may include an armomced Mme visit made during rear working bows. ('n the applicant's nwpomrbility for notifying the caseworker of any chmige in cvcumnances Wert wid of&e4tiaWereligibility. (8) Any orbs programs of assistance or service of which the caseworker may be aware of which We applicant may mreil aim= -fm -m -f in addition to or in lion ofronivivg general msiRenew. (9) The City of Bangor's rights; d remMies for reimbursement from We applicant's relatives pursuant to 22 M.R.S.A. § 4319. 91 06 080 (10) The applicant's pasoml respoiibilitim forNmbmsernmt to dro City of Bangor under M MKS.A § 4318. C. Emergency benefits prim to fill verification. Whenever an applicma for genial assistawe states to the ChM W OIkS that 1whshe 1s in neat of imm W rtes assistance to IaA[ basiie MeenitiB, the ewmker shaih pending vaifics i®, issue to the appfimnt, within 24 hours of she appfieatiM sufficient heresies b provide the baaic nsees®tim readN meamrs lately by the applicant, provided that the following conditions are and: (1) Probability of eligibility for resistance after fail vai5catlon. As a result of the initial iotaview with the applicam, the caseworker Shall have decaminai that the applicant will probably be eligible fire assistmce after full verification is mmpleta (2) Documeomtiov.Where possible, the applicam shall submit to the easeworlr atire tire of the Ntia1 interview adryume documentation to verify that there is a reed for immedmteaaaiamri. (3) Irfotmetion obmived.%m substrate dacumenmtiov is cot available at the time of the initial applicalim the casewor)ea MY contact at least ore other person for the purpose of obtaining iMormetiov m confirm the applicant's statements about hialber need for t�ediareiainaoce. (4) Limimfiom. In no case: (a) Mytbe autbonzatim ofbmefite other this Subsection C exceM 30 days. (b) May[batt he; bestowautimriution ofbevefits to the appliomt omit there hes been fall verification cambering the applicavt'a eligibility. D. Temporary refusal to accept applicvtiom. Under special arcumatarca the Depatmem may refused accept application. Shell Circumstances atoll insoms, hot are not fink xt to, the following: (1) Casco where the applicant's covdum is abusive and diwWive or w eases whose the Wheals: is wda the u fluence of alcohol m dmga. The applucam may bereforest to leave. If he or she reties to have, the police ray be su®oved. The appticam will be infottned that err application will be taken when the particular ciremitmen are no lougm present. (2) Cases where a thhd person desred to mal application for assistance car behalf of the applic ru. The perwen will berequeated m provide wriftev verification that he or she has been anWoi � m set as repramtative for the applicant. § 134-6. Responsibilities of applicant and rxhpimt. path appliirt W rwipieat bas a responsbility at the t®e of the application and continuing thereafter: A.- To provideacmata, complete and meant inn tion concerning hili needs, resources and assets and the whereabouts and cucmvemnue ofraponsible Natives. W, B. To notify the caseworker whey adeage whia4rerrseds, resources and asset will affect eligibility fm general asiamme. C. To apply for and uWiae my other available benefits or resources that will rduce m dimivate the need for general assistance. D. To reimburse the Cay for the colts ®anted in the evW that he/she b=oron of sutBtiem abildy to pay the sane. The City may r=over the bill mount « mdd foresaistance tither Berm the person relievd or from any person liable for the recip eafa support, fheir executors or edvddetiatms m acudi action, thno case may the are be authorized m recover through a civil acting w fall or Part, the amount expended for assistmse of a previously eligible person if, as a reedt of the repayment ofthat amount, this person woWd in all probability agave become eligible for general assurance. H. To use all moneys availsble to him/her for ueceserties fza Woo requesting%®eml assisnvice or purchasing luxury Iter. § 134-7. Rocogdtion of dignity end rights, key martial interview mmy later prouredin&, including my inveAigatiore of the applicarris eligibility, sbau becundmA i to a mawer that will not violate the pnv , personal dignity or individual rights of either the cuewurker or the diva sad/m his or her family and personsl acquaivtmcea. § 134-8. Actim on appliwUon Udess m application is withdraam, the casewoker must make a decision crosaaing the applicevCs eli®bility and, ifetigiWe, ennsrta burnishing refief Within M hor after the date of submission of sigi d and cmnpletd application, together with au other forms requvedbythe Director of Health and WeVsre §134-9. Withdrawal of application. Av aPPBeatiovuCOvsidertdwithdmwnif. A. The caseworker is unable to comple4 the imaview, if the applicant refuses to cooperate with the cauwmk¢r; B. ]fie applicant dies W gmerol assismnce is famished; C. The sppticam avails himselfshmelfofamther savior which makes himNer iaeligible uada tress guidelines; D. The applicant requests, in writing that his or her epplieraim be withdrawn;or B. The applicant fals to complete or siga the application or my other tosm requited by the Dveofor ofHealthand Welfare. §134-10. Rdetenainatiov of eligibility. 8 MOR A The application farm will slow the duration of the limitaiPeriads of entitlement. Writtenvance of temp niton or suspension of benefits with opposNwty, for hearing will be given slould a decision be made to disoontimm assistance doing tar IimltM period of entitlement. B. If a hearing is aalueated within the establishM time limit, assistance will continue peening a derision from tire hearing authority. At no time will mch an extmsim ofbamfits outlet the original catficatim pained. $130.11. Minors. Under Maine law, the does ant supervision ofmwancipated mhwta becomes the responsibility of the Departm o t of Health & Humatr Services when porants or legal guerdi ms camoNwill not fulfill their fountal respons�bitineo A. When an wommupatai rainsur whes fm gederal assistance: (1) The cesaworka will attempt to mined the parents or legit guardimu of the malicaot to iofdrm blmh of the application, aaim on the application and the patM'Nguerdim'a responsibility to support. Contact will not be made iftbe caseworker has sufficient reason to believe flint such contact may physically ¢Manger the manor, sad (2) The Denathoed of Health &li an Services ChlMlAatective Services wlll be nceifiecl by the caseworker, in wrilint, that the minor maybe living in cimumatavca which are smouslyleopmdizing the health and welfare of the minor. B. Minors will be modest to comply with nl eligibility rarynemwb ser font in this chapter. C. Nothing in min section may permit the City ofBadgor fo deny asietmmee W an Mbendse eligible minor what these is any dispuro regi ding parmtal or Department of Health & Human Services reaponsibility. D. Whin sulfated funds to support the ainmr within the dlmdmds of these regulators are unvailable from the Depattmmt of Health & Human Savior or from any aha spume, emergency assistance, may be given m an manemipetol trader for a adulation of 30 days, panting a decisim fiom the Dgsanment of Health & Human Services. Such assistance maybe in then£ ofBoads, hduseboldIoesmal items, ran in an already, established household,etc. lomergmcy shelter may be pmv inaCity-run shelter. 4134-12. Migibitity of mirrors wiw ere parents. A. Apason molar the age of lS who has neva married ant who has a dgiendeat child or is pregna t is eligible for assistance only if that pasta and child reside in adwelling maintained by a parent or other adult relative at the patent's or relative's own home or in a foster barn, maternity home or do d adult-mPervisei supportive living management, unless: (1) The Person him no living Intent or me whomabmas of befit parents are unknown; (2) No parent witi permit the persodro live in the parent's tome; 0 (3) The Depetmmt of Health& Hamm Services detvmwes that the physical motional health or salary of the person or dependent child would be jerpardized if that person and aepma®t covet term wino a I,wrmt: (4) The iMividaal has lived sprit fiam barb parents for a period of at least me year Wore the birth of my dependm child; (5) The Dzparmant ofHestia & Hammy Seevrces dHamivw that Nae is good cause to warvethia regairemmgm (6) The person has bem legally aandpemd by valid dura of a sure, tribal or fMasl court. B. For the propose of this section, 'pareN"inclules a legal gamm% C. Under stmt% the City ofBmgar is absolutely immune flown suit on my WA claims seeking mmvery or damages by or m behalf of the minor recipient in comedian with the provision of gmaal asaistmce. $130.13. Hasidsoce. A. Residence is a 6norm daznnioing whether the City ofBaogor is respmssfble per providing assismtce m m uWividad. The City his a Ash" duty or give assisuvce to residents (see def 'tion) of the City who ase in ne%i. Assistance will be given to eligible persons wtm apply for assisurce and who me nehher residents of the City nor of my aria municipality. When the City of Bangor assist; amement m relocate, at me sprat's request, in another murriapalkythe City will commas W be responsible forme support of saki recipient for 30 days after relocation. An appliamt who is in gap home, shelter, reheb0iteammarm, nursing home, hospital or oma isurimdm m the tum of applic itim and who has dura bem w mat institution for sit mama or less or has a residence which helshe has maintawed and to w1mb he/she immds m ream stall rennin me responsibility of the r ar meipoliH where the applicant was a reddent immediately, prior ro en[ming the inrtimtian B. If a resident of mother municipality falls into diahms in the City of Bangor, Mee geory astlnaee may be given W that b ulivkhal on belalf of the respomible municipality, provided that the admiviatiation in that smucipality had given prior approval sad has agreai m reimburse the City of Bangor for the assistance providai § 134-14. Upod meds. No person owning assets easily cowertiblc mto cam, uscluding but mot limitd mbook deposits, stocks, bords, certificates of deposit or oma narkemble saudty or life hommce wino a cash score ier vet=, will be marble for assismnce. In dense cases where the meed far relief is demnmtW to ""ohne cash value of such liquid mans, assistance may be gtsnrel for my rarmning diKermce. § 134-15. Tangible assets. 10 am, No person owning or possessing tangible assts consisting of more than one moles vehicle or a been, trailer, recreation vehicle or ofloer rings that are comei tiW into cash aM vooeaemtial m the maivtmavice of the applicant's household shall be eligible for general assistance. A Exceptions may be testa when a person is making an initial application and what reasonable efforts to convert assets to cash at fair mmka value are uvsucceaafW. B. Tools of a trete and ether equipment east for the production of income are not rmsidaed available assets. C. The ownenaWp of one automobile ansa the value of $4,5008,00). by an Wheavt ma dependwrc will not make the appticam irctigible fa essisantce S such automobile is asmtial for transportation to snploymmL mescal mm, rehabilitation or training facilities. §134-16. Citiamship. Applicants who are ne6her Qt VRha of the United Stains nor lawfully admittsi clients wiLL�b a wferwd to the United Stats Department oflmmiroation for appropriate action Emergency assistance maybe gmmed to an applicant pending action by the Depenmeut of tvuw®atloa § IM -17. Otho remmcea. Any applicant or raipient most native a good faith effort m secure my potential aesomces which may be available, including but not lirnimd to any state or federal assistance progam; uvmploymmt bme5ts; governmental or private pension programs; available bust funds; support from legally liable relatives; child support;jointly held rssowcis where We applicant or rmifiwt slew may be available to the in imilual, M. Assistance shall not be withheld pending receipt of intent resources in long as application has been mete or good fails effort is being made b secure the resource. A Any individual applying for or receiving assisarce doe to a liability must make a good faint effort to make use of any medical and/or rehabilitative resources that may be wcommmded by a physician and which are available without financial bmdm which would not constitute tenths pbysiwlirskmtheindividuaL B. Any applicant who forfnts mce'iptofor comes wdudlon in benefits from mother public assistance progtatert bszuu of a krwwag mal willful violation a a program rule is not eligible to receive geveml essisavu 0 Minces the forfeited assistance. § 134-18. hraumnce. A Insuaae that is available to an applicant on avoncovntiburory basis or that is requned as cmvlitioa ofempioyvont will not be a factor Inddamltivg eligibility for general assistance. Life insurance with a cash surteader value may be comidered as a tangible ansa. The applicant mud begin the process of liquidating this asset within sewn days of application, and the proceeds Som this asset must be Itself to purchase basic necessitiee. B. Minimmn liability coverage will not be a fanner w determwng eligibility whom an actomobile is essential fm transportation to mtploymmt, medical care, relabilitatiov or training facilities._ 06 080 accept thmthe nsnwee reuvbursaoent IS Wended[) covertbe cost ofhmumnce. as wen as melsfmtiop ivspweons, etc. § 13419. Rest property. No person owning rot property shall be eligible for Miabnce except as follows: A. Where the applicant owas real property which WAW makes biWhm home hdshe may be eligible toreceiveasshmuwe. B. When the City spauds genial osissnce feuds to provide mortgage payments to an eligible penin, such payment may not aceto the housing maximums stated w these gutdelenes. A Sm may beplacedWon fleet property for the amowt ofmongage assistance gives. Such a lien will not beclaimed=til the des oftlm incipient or the hamf of said property. Any recipient rmavinq aslsmrce with a mortgage payment will metve w ffim na fiatiov ofehom conditions. C. When the City spends goeal weetance to make capitalimmovemms W real estate, whaher land or buildings or a mmbunn im of land and buildings, on behalf of an eligible client, a l m may W placed upon flat property for We amount of the amustmce given W make the capihl Wprovement. No suds nm stuff le mfmcM by an Yi= or other legal nation until Ne death of the necipiem or tb¢4amta athe fmpnny to thud party. Any recipient tw.eiving assisance With capital imtn vcmo fs will receive wrkten notification of Woe conditions. D. The RWaliaflealW and Welfare Deparnneat may pmvide assiaavice upon receipt of We initial a"Hwtim to per m%owning MI estate other them tlunr loom wax of=crgmcy. C=twued digibWtyf any type of assistance will deperd upon the applicant making a rmsoaMe effort to dispose of such real property at a fair market value. § 134-20. Bmployment. Umas a®ptM haeme, every person reccoong amustmce=der Ws chapter shell amvely %eek and accept gainfulemploymem. For puryaes oftbis chapter,'goitdul as Il cat"shall mem any available employment within the recipient's skills and abilities tes Wftng in the matimmu possible income for the Employment ScawAma]dng berviasofWe Maine Dep m=eatofLabor, the mt m&y,mofavaileblejob apmwgs mdma6'v8 omselfeveilable for work at all timers during We wgm=daY. The raluir®mta of this chaptershell also apply Wevaymernberoftheraquem's houseMld.imles%%pemificaltyowpled. A. The only persons who shell be m®ptul from this requirmenf shall be: (1) Dependent mivorchildrm (2) PemonsovafbeageoW. (3) Persons who, by meson of illness or disability, are wable no perform my type of work. My person ewmung W be exanpt Som seeking or accepting aoployment because of illness or disability may be requ'ued by the W6l oalth and Welfare Depotment m be 12 os 080 exwined by a quatifiW physician 9 the Department's expense. Reimbmoment fmthese . eesnees shill be mcurrm Maliceid races. (4) Persons whose presence is tisquhM w the home in order to provide care fm a dependent child umder the age of six years or for any ill or disabled manba of the household. (5) Petsom 18 years of age and older who ere regularly peNcipating in a vocasicael trandng or primary or secondsry educational program which woWd assist the individual in seeming employment H. Applicants and recipients are ineligible for assi9mce for 120 days if, withoutjust cause, Uy: (1) Quit work or are discharged formiacmAru. The disqualification commences with site date ofsepamtwn fiomempwymmt. (2) Refine to search for entploymera. (3) Refuse to regiscer Wrwork. (4) Refuse to aocW a auitablejob oft under this section. (5) Rdvse to perfom or willUly fail to pert ajob asagowl under Us shown (6) WWfWly pert ajob assigned uMer Us swum plow the average smndarde of that job. ('i) Refuse to participate in a training, educational or rebabilitatim program whch would assist theminsecm+nB employmem. C. This person may become eligible during this pexiod a time ifMAshe becomes employed or othersvise satisfies the requirmmW of this sanon for wWch he/she was disqualifiaL D. In rm care may the aquvement to search for work or participate in a work or tmvuvg program interfere with (1) Fisting postal employment or participationm a vocational training or primarym secondary elutealional progam which would assist the'vdividual in sxuting employment; (2) The individuul's ability to follow up on a bone fide job offs; (3) ARendarse at an interview for possible employment; (4) Participation he a pmetry or secmMaryedncatlmil itrognm interMed to tool to a high schml cliploma; or (5) Participation in a training progam which is opensced u the coatml of the DeperstoW ofHealth&axd Humor Swiees mttz Departia mofLabor. This does not ine iele 13 06 080 participation in a degesgantiag program, except when that prs a is under the De cwt of Health& Huenm gervices or the Department ofUbor. §134-21. Workreluiremaa. ' All persons Mherwise eligible fmgmaw a¢sisavce umerlk¢cmpmrmay be requvd to perform work for meciry orsmgm onto particyam mao-hdng«edaatiomlpmgtmnwoiws wows scans hivJherw securing mryloymew es a condition oA. § 43 ng such assaaace. Avy flowing ralacemml shsl6e subjew to Ne provision.aof22 M.R.S.A.§6316A,atmodified by the folbwing: A. Thework requvemmts ofthis chaptas lbeuaddthedirmlimofthe D'nmmrof Heat Welfare, who ¢hell be mthorizedm issue such admiviatrntivedhx[ivm asmaybe vecessnry Gam time m time to ensure the props imPl®enation of the work requirement progrem. B. An odocwise eligible person who refines a workfare aeaig®mt Goon the City ofBmgor mover Ihisclapter withoutjust cause shwlbe ine4bleforgennl a;estmcef apaiod of 120 days. (1) Refusel to accgx a workfare assgnrtwnt shall include: (a) Failurelo report f«work. (b) Laving work without permission Goon the wrrr fs mpervis«before the work paiadhm ended. (c) Pailmeb pWorm wokmdhxted. (2) Arecipient who is&Nualifid under this smfian wan be givm one opportunity to regain eligibility dunivg theomhmdrei-hventyd ydiulualification. Any recipient who intentiomny causes damage to property or berms other employees by his/her acums and is dischmga] by the wok supervisor i rat be ewhEaN to regain eligibility by renrwng to the wok pfog am Eligibility may be regained by otherwise bsoming employed and meedvg the de6wtion of need. C. In no case shall eligible prion; perfmmi ag work uudor this chapter replace regul«mmicipal ®ploys¢. D. Nop«son sball, as a coMitioa ofgemal assistence eligibility, be required to do my amount of wok that cmeeds the valve ofted net general assistance tort to a n should otherwise feceive under these genetw asaislmu sand«ds. Any Kaon pafaming work under tlos chapter stall be pmvhdal with net genal aria roe value of which is earned at a rate of a bast the state's mainfinurst wage. Expenses related to the work pefotmed sown be considered in detemdwng the mraaw of uct gmml asaistame being provided. E. Work pert ed mww this chaptensball not interfere wiW We eligible person's existing employment ability to follow up on a bane fide job off : aamdmce a job interview;; Participation w a ps'uonry or secondary educational progam intended to lend to a high school diptoma; or partrticipation iiia training pmgam which is either approved ordetamived, or both, by the Departmew of Ub«to be rasodswy expected m asset the iudivi" in sttorivg er¢gloymad. ]tis subseam does not include participation m a degree-gandng pmgam, except 14 when that program is a training program operated under the corwl of the Department of Health & Hanan Services or the Depamnent of Labor. F. An eligible persm may be required to perf work prim b receiving assurance wbea that saainmmz is ort amerrancy in nines. G. Failure of an otherwise eligible person to accept a suitable workfare assignment under this section shall not affect the gweml aesisrmce dig ilydity of any member of the peraon§ household who is incapable of working adepwdmt minor chit' art elderly, in or disabled person; and a person whose presence is tyuaM its the home w order to provide care per a dependent child under the age of six years or for any in or disabled uatember of the household. H. General mistava recipients repaired to pereara work for the Cay of Berger urderthis chapter will c®plele and execute such forms as may berequirai by the Director ofHerth and Welfare for proposes ofadrrwatamg the workrequdremmt proposes. Anposts will be read to der recipient to eruure mreplete underaw ro ing of dus corditiors order which the general asaiamvice is to bs granted. The work order form will detail the amomd of none the recipient is expected m work the deparhnaa to which be or she is asvgnM and the dam, thne and work lacarion w which M or she is to report. Expenses related to work peri rimed under this sedbm by an eligible pmsou shell be wusidered w detemuwng the mnouat of net general assistmme to be provided to the person. ¢ 134-22. Sxurity departs; beck bills. A. It is the policy ofthe City of Barber root to expend public funds f security deposits. Whew the mdy suitable Musing available requves a secoraydeposit, the oliemwin be raluvedto enmr into m agreement with the ImW lord to pay a portion of the deposit each rmath until the total paymo t is made or to apply for whatever other resources migbt be available to assist th the payment of security deports. When m other solutim is possible, the caseworker may issue a written gasmMy for damages (in Hers of up m oro mows rent). B. Assistance is ort available m pay a bill for a basic nccesrty when that brill is more then two moos old and the person rapresting assistance bad sufficient aucorne, moray asters or other available to pay for the baric nxwsity when the bill was receivM. The person requesting the asrstance shall be requirN to provide evidence of income for the applicable time Period C. At the discretion of the Deparmrwa, rhe contra bill may be guareNxd to prevent an eviction ora uWity aludoff. ¢ 134-23. Hotel rooms. No welfare funds shall be expmdai for hotel rooms where the oris exceed the rental allowmce. However, nc exception would W made for oiiemvmins where no shelter facilities arc available. ¢13424. Verification rpuhed. A It is the responsibility of the individual requesting aaustmmto provide enough ivfrroationm verify that he mshe is digibia This wsillwaion mayindudebut not be bouteclm wage sretements, raeipts forlausehold expenditures,etc. B. Tne easewoskcr may contact sauces other meat the applicant far verification ody withthe specific knowledge and crosent of We applicant, except that the aaeworkenm y examine public records without the appfiavCs lmowledge and consent. C. Home visits may be made in mdCr m verify information supplied by the client A the time of application. Clients will be entified 9 the time of application then such a visit is feasible. Visits will be coMnet i during regular working hours (Moneay through Friday, 8:00 am to 4:30 p.m). D. Any applicant who refines to allow a basso visit will be denied assistance under this section met suchavisituallowed E. Nhen awnhsble ivf tins is inconclusive or conflicting regarding a Gct which is materiel used necessary to decamine eligibility, the applicant will be advisW as m wbut questions tamales To be crosidaed incomluuve or conflicting, the inf tion on the application noun be inconsistent with statements made by the applicant, ivcomimem with other ivformetlon on the application or previous applications or inconsistent wiW information received by the msmmka from other Duma. Assistance may be dedM oriaminated if the applicant is unwilling to supply the ceseworkur with necessary verifrwtion or p annu esion to make Collateral contents or if the vismorater cannot dMermive that eligibility exists after contact wiW the maligant urlhe apshcanl's collataal contracts. §134-25. Personal f alresomces. Pasoml f immal resowew shell be usN to meal current espenses before requesting assistance. §134-26. Defeat formula; unmet neM fonmda. A. For NepuryosaaftdssafimmovaallmaximumisdIXam bylnkivgt Mgberof110% ofthe DeparlmmtofHousing and U�Development (HUD) fehmurka fordre metro Pmmbsent area ortim seeremmee ofchanee mtbe Federal Povem levels from Ne last yam.,. (1) 1lw deficlt fommde wihbe calculatW by taking the ovanllmaximum aM mbteutiseg mcomeminus aaualwork-related expense (if any) and adding in any evnccowted f come. Ifthereis m defitlt and m emagmcyia determined to exisS assiaeme will be defied. (2) to cases wherethaeisadeficit,mmwa uedf Wes will becalculntedby dnamining the aced cast o equity lsttssitiea unto Wemeximum levels sed work-related eachapter foraeh meiateg in end subwetingthe income,norma acetal work-related expenses (if soy), and adding inmY ummomdW for income. (3) As applicant may, be gmrrted assisp up to the lass of the two amouvb so detamived. 16 06 080 (a) Incase ofan emorgeocy which could not larva been averted, aaftemtireuw most be Meta as to whaher or rot all income bas been used on basic necessities and that War is m other source available to mad moth the mergmcy. If all of these coudifiom me mel, assistance may be Manual to alleviate W e emergency, B. Famed innme, homed inane¢hall canvas[of ircome m c¢sh or kind earned by the a"dicanF or ratified or members of his or ber household though wages, salary, commissions or profit, whetba sof-anployed or as as mployes, Retial mmme and profits from pmdners sold are in We category. With respect b pelf-mployomt, Mal Neill is artived al by subtracting business expenses from gross income, wbn income taxes, social security and other payroll deductions wbict are re adred by state, federal or local law are deducted C. Inemne from eater assistance or serial insurause progrzms. Storecalegoricel benefits, npplmemd security income (SSI) payments, social security benefits, vetmns' (VA)beaefits, uomploymeta two oWa govanmemal or private aomces will becomidered as income unless specifically prohibRd by any law or regulation Any applicant who fmfdts sordid of or causes rduatim in benefits from anmlaer progem because of hawing and willful violation of a Isolation rale is iadigible W rxeive arrant assismnce to replace tbeforfdtd assiarsvice. D. Comtadad supper)paymn6. Alimony mod child support paymmb v.Nl be considered Wcome only if they aro actually acdvd by the applicant or recipient. E Inrome Gem other sources. Income from say source will be considered thit is Movald for use by any mmba of the alatd or unrelated, and is actually available to fe applicant. E Earnings of a child. TMearniW ofchgd trader the age of 18 years who is a full-time student and who is mot wmkiW full time will not becooeiderd as ineemewder these gaddhues. G. Retroactive benefits. Ifm appliwra Mal a Imp sum payment, that payromt=9 be%oretd over future mouths. The period ofpronnirs is determined by disregarding soy portion of loss lams sum peymeaF that the applicmVred%rot has spent to pmCW ere bade naessiuesr metudiag but rot failed mall basic necessities provided by Macron assistance; payments off nneml or burial expenses for a f 'Iy somber; trawl cods related W fe illness or deaf ofahardly mauber, repair or replecmmt of essentials lost due to fire, flood or other rduml disasters; repair or purchase of mom vehicle essential for mploymnt, education, training or ober day.to day living neeessiYea; and payment of bills eamuhd for the puTose for which the lump sum is paid The Period ofmumtioe is then ddeminel by dridmg this torsi by the menta of; a. the verified aelad prospective !hurry day bud l d for au the household's basic nesessiYwor 17 b._by 150% of da applicable fadaal ppverly guidelines (2) The promtedsure bar each mmN must be mveWvW awilable W the household for 12 months from the dare ofappReation or during doe period ofgmmfiov, whichever is leas. (3) Notwitlmmrdivg any other provisions of law, the City of Bangor shall bove alias for We value of all general assistance paymems made to a recipient m a lump sum payments made to said recipient uvdm the Workers Compensatim Act of the State of Maine or snwlar law of any other sate. (4) All applcams who receive general assismme while receipt of their mpplemmal security Income (SSI) assismnce Is pending or ssuperelei and which therefore may be retroactively issust to the applicant m a later date will berequired to sign a satavan on sformorsributocbythe wrtio of oflimhh._.a Human Booth thataothorvn the social seaaitym direct a enttim ofmyratreaerive SSI gamma. to the City ofBanga a 1/orlhe state in rgraymwt fmtlagawdassistance far gmo whoregmaal signsuce applicant who has applied ti who maybe applying ion SSI or used refuses to sign such an auttubixt uwJl be tourist ineligible 6r general azsisavce umil hdahe pmvidea the ryuvW sigrmpue. (5) For good cause sbowm an applipnt's deficit rosy becomotidated and apnliol m hmsive eests bons utilities heat ac) in an amount greater than tffi maxmrum speriCW. Whether there is good cense shown will be assessed m a ease by case basis apd shall be the axnenimatnerman the rale. B. Excludable income. Excludebbs income HirlWea: (1) Real or personal Mame-producing property, tools of trade aM govemmeoW eotitlement- spmificellyo- tedasexemptbynateorfederallaw. (2) Aral work -Nath expmsa, whether iteasaed m by standard daluctim such as taxes, restire act favd contributions, boom does, traysporinim ewsollowmce to and from workers $peSB.pavwk, special equipment cons east childcare a speoses. (3) Eamal income of stallion below the age of 18 years who are fall -time students and who are not working full time. 1. Potential income. Potential income is defined as income that cold be receival by the applicant if action were bakmto obbmit, e.g.. social security, workers' compeneatiom rmanpmymmt compmsatioq AXQQL F, SSI, M. 1. Tremnent of all other inure. The toll value of all income not defined as cataract income, whetter fin kind min cash, which is sexually available for use m the household will be cowiderM m chem'—g veN uMa the defici W corn vttd frenal a. K Agreement for hounng.Ifan individual or family has provided living acmmmodatiov m a person or family, sanderd general assistance my not duplicate Ws service. Fm ,M L. Othmuarelated paaon(s) ani mthehume. Whmany othamueletd individual ta residing with the applicant, wafication mast be rude of the entice household, and the ircome and assets of all mambas of the household will be comid available to the applicant unless Ube applicant can prove oOerwise Wben it is pmvm by the applicant blast he or sbe and the orbs wrelated individuals residing m the household are sharing expemea equally and me not pooling teo w oe each such ina iviAml will be heated as a fiemisndmg bouselmld. (Amended 9-14-1998 by Ord. No. 98-339] M. Mgibihty. An appacarfs agibility will be bests on bbtont! income and the basic mml requirmmbs ofhish hoasdsold as mtabluhed in tame guidelines.i will be no automatic eligibility. All appacarsa must complete the a hwatioa pmcros. § 134-27. Amomt ofmsistanee. A Eligibility under dl othm emergency provisions shall be dmammN by Neu r IztionswGLe B. Maximum levels ofassislance. Household Size Food - Weekly Food -Monody Rem -Weekly I Rent-MonbNy Ovaell Meximam 1 $ 35.35 $152A0 $112.50 $ 450.00 $ 495.00 2 $64.65 $2)8.00 $129.25 $51200 $56900 3 $ 92.'19 S 399A0 $160.50 $ 642.00 $ 706.00 4 $117.67 $ 506.00 $ 206.00 $ 824.00 $ 906.00 5 $139.17 $ 601.00 $ 223.00 $ 892.00 %981.00 6 $167.91 $122.00 add $114.00 pm $240.00 $ 960.00 $1,056A0 add 115.00 pa 19 20 -. MIRII�f�Nll!!':i.OJIIN'�!]'1M5A1�l.M1N�11}1M141.1 ::-X[UlYlIl1!Il! . �lfMU!}.fl!6f lNF�11W.ilf f.R1l�R!!J 20 Orlmll 4134-28. Assistance categories. there me two categories ofaeuslsvce which are admini buil by the Seagao-Wt6 llcahh and Welfare Department order the General Assistance Pragam: def 't formula (Subsection A) ares emergency assurance(Subseetioes B through G). A. Dcfidt formula (1) in enter to receiveassistvice under this section, the applicant Most be maintaining his or her own household, have a need deft under the deficit formula and satisfy all other eligibility rules and regulations set forth in these guidelines. (2) All personsrMuesting general assistance in the Qty of Hanson must use thm income to purchase basic necesshim For the purposes of this section, rent will be umsidvn] the primary basic necessity, and clients ranking other than initial application.s will be erp¢tel to expend their available Income on paying the real prior b applying for meielmme. (3) acWt for initial applicable, recipimu are not eligible to receive assistance to replace become that was spent within the thirty -day period prior to the application on goods and semceetheterevotbeaic necemsdes. (4) ]lte irmorne not spent m goods and swices that are basic noxs'sities is censiderW availabletotheapplicant. (5) Applications for assisrmme under this section vmet be processed within 24 hours of the date of applicafim. Decisions shell becommordcated, m writing, testing forth the reason(s) for the dvnisim. Ifths applicarn is found eligible, assistance shall be famished within 24 hours of the dans of submission of the application. B. Emergency slinher. (1) The Barin, atWicHealth ant Wel&reDepartMmt is anthorized to trmmile tempormry shelter on shelters opesatol by the Pty) for persons who, by reason of special emergency, are stranded, homeless or victims of family iuotencc lndividuds son 22 £amities hous im City -my sbekpe mum gmlify for general essisbmv The lmgN of time authosizd in the Suter &ball not exceed 30 days. An extension may be ganmd if cimvmstaraes wmmt, mdumv wmplctiov ofm applimtion for Gema) Assistewc Such cvcummmra<s may include, but shall not be limited v% delay o application of categorical asmstma, loss or delay of monthly benefit clads, dc. Individuds will be eligible for admission to shelter oma in my 12 months. Exception to this Sale may be made where verifiable chmmmmca wmmt. (2) C.maal assistance Banda may be w:pmded to home eligible odividoals and families iv privme not-for-mofit shelters located tithe City ofBangof, pmvidMtut the shelterhes rota ed into an agawmt with the City b provide such swvice. Eligibility will be contingent upon full gmeml assimance application being taken within two waking days of admission to shelter aM general assistance dtigibility being establiah W. C. Miner children. At tines it might be necessary fa the RUWicHeahh asp Welfare Depamneotw assist mina children whose need; are not bong met by their parents. Reasons for tlas might include, but shall rot be limited to: (1) Disgualificadon of ilue head ofhousebow for wittintt mpkymmt, failing w regiata for employment or refusing to participate m the wakfam program (2) Failure of a responsible rdmive to provide texSe ay support D. Emesaive assets. Atthe time of an imU applwstion, an imlividual or family may be assisted m though it has excessive asses ifSot irmadhote vad can be atablisbad Continuing msimmae will be contingent upon the applicant making a good fahhei artwdmvatthe assets Who available fonds to be used topum ae baso oecesshks. E. Retial. The mahl ealffi and Welfare Department shell provide fm prop; burial ofindigmt harem, pmvpdM that the total burial coats do not dweed $1,340 aid it is detamwed tbm the burial comm cmiwt be paid in total, or Apart, from any other source, including responsible rdativesa Gomthe mate ofthe deceesd. The WdslicHealth and Warfare Dep proem will apply all mormtea avafiable fiom other spumes toward the total bmkl come. The allowance for fall set�noe burials aid demmiom under these gumitimes shall toddle the mAmptlaer's mervicd, clergy, pesaonal attendants, casket, vault box, hearse ab obituary. When mxlmrd, ammirmm n of $345 maybe paid fora linen. The expense of opening Spit closing the grave will be wnsidered an aMti0ml cpm to be paid directly b the cmtmery sup to a maxhman of $M. The mle itio al cost of a graveside dw will not be wmiderN a wvered expense uncia these gddelmSSs. The mammon payment fa a duvet demotion without other advices may not exceoi $I,OW. The Ad ticHealth and Wofem Depvtmmt will nes be obliged to pay for my burial eapeisee if the D mutat has not approved sOch apemen prior to them delivery. P. Oersumlemmdion o£toml requirements. For carious eamm, it might be mxcda toassistm imbvidmal or family A excess of the amount establishes uMer the deficit formula. Such assistance will be gtmtel only fon food, fuel, metheim clothing and honsehohl hems, whin auch itmasrcumvailable fium myotha source. ' 23 G. Glha necessary expmses.Ueder this sd4ioq assistance that is abaolotely necessary and cannot be obuinM from any other source maybe providd. Aasiatevce gran dander this section shall not excel armuNa frail in the basic total requirement chmt § 134-29. Review procMue. A. Righls to review. Any appRceWretipiml aggievd by a decision, act, failure to act or debay in action concemiag blabber application for geveml assistance under these guidelines shall have the right to appeal. If a person`s application has been appwvd, there shell be no mocation of gement assislmice during the pend of entidesnent until that applicant/recipient has bean provided notice ma m opportudty ror hurting. H. foiiationofappeal. (t) To initime the tight to so appeal, the aggrievoi person shall file a written request for the est ocs mAb4o-H come and following Nwithw five working days fiom the mdiestoceurrmcaofom of the following evmrs: (a) Expiration of 24 hours from the time said person applies for general assistance. (b) Receipt of a notice ofdecisim adverse w the applicant (2) The written nuipawf an appeal most include the following information: (a) The deuisiM act, failure to act or delay in acnm for which an appal is saught. (b) The reasooa for the agpievd peson's dissatisfaction and do helahe belieres atrtle bim/ter ro a different result (c) The roliefsougM by the eggievad palm. C. Intense review by the ITrator of Health and Welfare. (1) Upon recapt of a written request for an appeal, the Dv«tor of Health and Welfare shall schedule a conferences with the andevet person and the caseworker involved, m which conference both pasmav shall have fall opportund w prmmt their positions as the case. The D'tm ctfs renew shall be conducted iNbmmlly in a mmner respect!d of the rights and dignity of all uwoly Witnesses may be celled and evidawe may be presentedof theme . Subsequev to the nee,the Dveetor shall infom the caseworker ur theaggrievdpaamofhisherdensiommwriting. The Dvectols decision shell be gmitd m adaermimtimastowhethertheceseworkehdmisionha gn eccmdavce with these guidclwea avdpertivmt state ataNtea and whether atthee eggrievd persmmaY receive ®egmcY assistance as providd in thaeguidelives. At vo time shall the Wmtor conduct crevices ofmycase wwhich he/she ones dhsxly rwponsbie for Ne disputed action. (2) The Director ofHmlth and Welfie ahall<ndmvorw conduct hi&ha review as expeditimilY as pmaible tofeciitatc the fen hearing before the fah hearing officers. 24 m (3) The Director my not deny or dismiss a rapese for a far hearing unless it has been cTressly withdraw by the aggrieved prion or unIm the relief sought was banned to said pain by the Director subsequent to the Sling of a written ratuent for an appeal. D. Time for fair hearing. Pureuaot fo the requhanmta of 22 M.RSA§ 4322, the requested hearing Ite writ heldbythefanhea cal.Iliw(hdiliiuswewhvewgslothdays following Wefion the of the writlenreandnforay aPPeal. The achedulivgof the ctersheazmgshall takewened Penton the Convenience and verde of ell enacted. The Director shall inform the aggrieved person of the review procdme andde data time and Plaeeofthefairhearing. E. Far beating offices. All appeals umber these guidelines shall be heard by fair hearing officers, who shall coni§ of a five -member mmmthee oftbe& ger City Couwil eaablislyd for such Purpose. A majority oftbe members of said committee shall consfitutea Veneto for the transaction ofbuain ss but a smaller amber may adjourn a mewing Gom one time to arothe. F. CoaAm of hearing. All reviews by the Council Committer will be conductd in accordance virith the fofiowivg: (1) The proceeing will be conducted privmely acl openly only b: (a) The aggri vel Person. wimessea and legal counsel. (b) The Dnamr ofHeahh and Welfare and hivher casework ,then City Manager, manes member of the City Co I other than Committee members and legal co 1. (2) The proceeding wJl be mdaGd informally, wahont tmbnical rules ofevidemz, but subject no the regniremeuns of due preen. (3) The review will be opened with a presentation of issues by the Comanihea Chairman (4) After the presmtatlon ofisauex,the agpievd person shell presmt hisher position with the aid of legal coun�eladlor wimessee. (5) The Dveuor of Health and Welfare aMlor his/her easewohes shall tbm Present the position of the CublicHealth an. Webere Department with the aid of too coumela wltuessa. (6) All partwipavts shell be given an opportunity no: (a) Present mal or wnum testimony or documeway evidence. (b) Offarebutml. (c) Quesfion witaaaa on mahers gmnaine m the issue at hand. (!) The CommifiePs derision shall be drhsmived solely upon the evidence presented by all Parties a do pmcediug. Said decision shall be in accordance with tfese guidelires aof the state states relating be gmnfing Mgmerel assistance. 25 ai:81r•U G. Decision. (1) Upon completion of the fair hearing, the Committee shall, within five days, papama wrinm notice of its decision which will common the following fidamnnon: (a) AamtmMoftheiasuga). (b) Relevant evidence pasmtcd by my participant A the proceeding. (c) Pnti ent provisions oftheam" law and these guidelines relating to the Commidae's decision. (d) The Commiaee'a decisiovavd the reasoner for it. (2) Copies ofthe notice ofdecision will be Provided forthwith to the agnievW proton. The hearing record aml the caw recent shall be mmmemed by the Dir«tor of Health and Welfare. H. Fabler appeal. Funkier appeals may be talam Genn my action or More to act of the Committee or the Director of Health and Welfare, by any parry, to the Superior C urt inaeeoNmce with Rule 80B of the Maine Rules of Civil Pmcom m % The aggrievd person shall be entified of la z ha right to such an appeal. 1. Costs for preparing my transcripts which one requiral to pursue an appear of me Committee's deeision shall be laid for by @e eppliwvf