Maine § 5 §19505 Powers and duties of the agency

Maine Statutes

§ 5 §19505 — Powers and duties of the agency

Maine·Title 5 ADMINISTRATIVE PROCEDURES AND SERVICES·Part 24 PROTECTION AND ADVOCACY AGENCIES·Ch. 511 PROTECTION AND ADVOCACY FOR PERSONS WITH DISABILITIES

The agency has the following powers and duties.

1.Information and referral. The agency may provide information on and referral to programs and services addressing the needs of persons with disabilities.

2.Advice. The agency may advise and educate individuals on the rights of persons with disabilities and otherwise support and assist those persons in the protection of and advocacy for those rights.

3.Pursuit of remedies. The agency may pursue administrative, legal and other appropriate remedies on behalf of persons with disabilities. The agency has standing to file a civil action for alleged violations of chapter 337, subchapter 5 in Superior Court. Notwithstanding section 4622, subsection 1, the agency may be awarded reasonable attorney's fees and costs as provided in section 4614.

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The agency has the following powers and duties.
1.
Information and referral.
The agency may provide information on and referral to programs and services addressing the needs of persons with disabilities.
2.
Advice.
The agency may advise and educate individuals on the rights of persons with disabilities and otherwise support and assist those persons in the protection of and advocacy for those rights.
3.
Pursuit of remedies.
The agency may pursue administrative, legal and other appropriate remedies on behalf of persons with disabilities. The agency has standing to file a civil action for alleged violations of chapter 337, subchapter 5 in Superior Court. Notwithstanding section 4622, subsection 1, the agency may be awarded reasonable attorney's fees and costs as provided in section 4614.
4.
Investigation.
The agency may investigate allegations of abuse, exploitation or neglect of persons with disabilities. The agency may initiate an investigation upon receipt of a report that an incident of abuse, exploitation or neglect has occurred or is occurring. The agency may also initiate an investigation on its own initiative when it has probable cause to believe that abuse, exploitation or neglect has occurred or is occurring.
5.
Report.
The agency shall prepare an annual report for submission to the Governor, the Legislature, the Commissioner of Health and Human Services and the Secretary of the United States Department of Health and Human Services. The report must describe the activities, accomplishments and expenditures of the agency during the most recently completed fiscal year.
6.
Goals and priorities.
The agency shall represent persons with disabilities and otherwise conduct its activities in accordance with goals and priorities annually established by the agency, with other requirements of applicable federal law and with the terms of any grants or contracts. The agency shall provide the public with an opportunity to comment upon the agency's goals and priorities.
7.
Monitoring.
The agency may monitor the delivery of services, supports and other assistance or residential services or treatment provided to persons with disabilities for the purpose of ensuring that services, supports and assistance meet the needs of those persons and are delivered in conformity with laws, regulations, rules and other standards regarding quality of care.

Maine § 5 §19505 (Powers and duties of the agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1989, c. 837, §1 (NEW). RR 1995, c. 2, §16 (COR). PL 2001, c. 354, §3 (AMD). PL 2001, c. 357, §12 (AMD). PL 2003, c. 689, §B7 (REV). PL 2015, c. 452, §1 (AMD).