Usa Maine

USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 601. THE BAXTER COMPENSATION AUTHORITY (HEADING. PL 2001, c. 439, Pt. T, @5 (new))
Title 5 - §22001. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22001. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107) div>
As used in this chapter, the following terms have the following meanings, unless the context otherwise indicates. [2001, c. 439, Pt. T, §5 (new).]

1. Abuse. "Abuse" means sexual abuse, physical abuse or both. [2001, c. 439, Pt. T, §5 (new).]


2. Administrative expenses. "Administrative expenses" means the expenses necessary for the operation of the program, including the costs of the authority but not including compensation payments. [2001, c. 439, Pt. T, §5 (new).]


3. Appeal board. "Appeal board" means the authority board when acting to hear and decide appeals of the compensation panel's decisions as provided in section 22005. [2001, c. 439, Pt. T, §5 (new).]


4. Authority. "Authority" means the Baxter Compensation Authority established in section 12004-G, subsection 26-E. [2001, c. 439, Pt. T, §5 (new).]


5. Authority board or board. "Authority board" or "the board" means the 5-member governing body described in section 22002, subsection 3. [2001, c. 439, Pt. T, §5 (new).]


6. Claimant. "Claimant" means a person who alleges having suffered abuse while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf and applies for compensation from the program. [2001, c. 439, Pt. T, §5 (new).]


7. Claims consultant. "Claims consultant" means a person employed by the program to assist claimants in preparing their claims for submission to the compensation panel. [2001, c. 439, Pt. T, §5 (new).]


8. Compensation panel. "Compensation panel" means the 3-person panel appointed by the authority to hear claims and make decisions, consisting of the determination of eligibility and determination of the compensation amount, as provided in section 22004. [2001, c. 439, Pt. T, §5 (new).]


9. Final compensation decision. "Final compensation decision" means the decision of the compensation panel with regard to eligibility and level of compensation if it is not appealed within 60 days of the decision, and the decision of the appeal board if the decision of the compensation panel is appealed. [2001, c. 439, Pt. T, §5 (new).]


10. Program. "Program" means the Baxter Compensation Program established in section 22021. [2001, c. 439, Pt. T, §5 (new).]


11. Program director. "Program director" means the person appointed by the authority to direct the program as provided in section 22003. [2001, c. 439, Pt. T, §5 (new).]


12. Program principles. "The program principles" means the compilation of theoretical and practical bases for operation of the program as provided in section 22007. [2001, c. 439, Pt. T, §5 (new).]


13. Trust fund. "Trust fund" means the Baxter Compensation Authority Other Special Revenue Fund account authorized pursuant to former section 1513, subsection 1-T. [2005, c. 2, Pt. A, §11 (amd); §14 (aff).] 05 §22001 Definitions (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22002. Baxter Compensation Authority (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22002. Baxter Compensation Authority (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Established. The Baxter Compensation Authority, established in section 12004-G, subsection 26-E, is a public instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter is considered and held to be the performance of essential governmental functions. [2001, c. 439, Pt. T, §5 (new).]


2. Purpose. The authority is established to administer the Baxter Compensation Program. [2001, c. 439, Pt. T, §5 (new).]


3. Members. The authority board consists of 5 members, to be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary matters and confirmation by the Legislature. Collectively, the members must have knowledge and experience in deaf culture; abuse and its effects; the legal system; and redress and compensation principles. [2001, c. 439, Pt. T, §5 (new).]


4. Chair; quorum. The members of the board shall select a chair from among the members. Three members constitute a quorum. Action taken by the board must be by majority vote. [2001, c. 439, Pt. T, §5 (new).]


5. Powers. The authority may:



A. Buy or lease real and personal property to carry out its duties; [2001, c. 439, Pt. T, §5 (new).]




B. Establish positions and employ and contract with persons to carry out its duties; and [2001, c. 439, Pt. T, §5 (new).]




C. Accept funds from all sources to be deposited in the trust fund. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


6. Duties. The authority has the following duties.



A. The authority shall establish the Baxter Compensation Program as provided in section 22021. [2001, c. 439, Pt. T, §5 (new).]




B. The authority shall appoint a program director as provided in section 22003. [2001, c. 439, Pt. T, §5 (new).]




C. The authority shall appoint a compensation panel as provided in section 22004. [2001, c. 439, Pt. T, §5 (new).]




D. The authority board shall serve as the appeal board as provided in section 22005. [2001, c. 439, Pt. T, §5 (new).]




E. The authority shall complete the training and education under section 22006. [2001, c. 439, Pt. T, §5 (new).]




F. The authority shall adopt program guidelines as provided in section 22007. [2001, c. 439, Pt. T, §5 (new).]




G. The authority shall establish criteria for 3 tiers of compensation based on the severity of abuse suffered by the former students using well-established legal principles governing awarding damages. The 3 tiers of compensation are: $25,000; $60,000; and $100,000. [2001, c. 439, Pt. T, §5 (new).]




H. The authority shall submit an annual written report by January 15th of each year to the Governor, the Attorney General and the joint standing committee of the Legislature having jurisdiction over judiciary matters. The report must include information on the following:

(1) The activities of the authority within the last 12 months;


(2) The number of employees and volunteers and their responsibilities;


(3) Data pertaining to the following:

(a) Requests for information;


(b) Applications filed;


(c) Claims submitted to the compensation panel;


(d) Decisions made by the compensation panel and the nature of the decisions;


(e) Decisions appealed to the appeal board and the grounds for and outcomes of the appeals;


(f) Claims pending completion prior to being submitted to the compensation panel;


(g) Claims pending decision by the compensation panel;


(h) Claims pending resolution by the appeal board; and


(i) Awards made and paid;



(4) Amount of compensation paid;


(5) Any other information that would help to evaluate the performance of the program;


(6) Any recommended legislation the authority determines is necessary to carry out its duties; and


(7) A detailed account of the administrative budget and the previous year's expenditures.
[2003, c. 352, §1 (amd).]




I. The authority shall develop an evaluation process to make ongoing determinations concerning the program's effectiveness and operation within the program guidelines. [2001, c. 439, Pt. T, §5 (new).]

[2003, c. 352, §1 (amd).]


7. Application of laws. The authority is subject to the budget, accounts and control and auditing requirements of Part 4. [2001, c. 439, Pt. T, §5 (new).]


8. Use of trust fund. The authority may use up to $407,000 of the trust fund for administrative expenses in each fiscal year, except that the total amount of the trust fund that may be used for administrative expenses for the duration of the program may not exceed $1,500,000. [2003, c. 352, §2 (amd).]


9. Administrative support. The Department of Labor, Bureau of Rehabilitation, Division of Deafness shall provide such administrative support as is requested by the authority. [2001, c. 439, Pt. T, §5 (new).]


10. Legal counsel. Notwithstanding section 191, a staff attorney may act as the counsel for the authority and the authority may employ private counsel to advise and represent the authority. [2001, c. 439, Pt. T, §5 (new).] 05 §22002 Baxter Compensation Authority (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22003. Program director (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22003. Program director (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107) div>
The authority shall appoint a program director to serve as staff to the authority and to direct the program. [2001, c. 439, Pt. T, §5 (new).] p align="center">05 §22003 p align="center">Program director p align="center"> (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22004. Compensation panel (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22004. Compensation panel (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Appointment. The authority shall appoint 3 persons to serve as the compensation panel. The compensation panel shall make decisions about the eligibility of claimants and the appropriate compensation payments to be made. [2001, c. 667, Pt. C, §3 (amd).]


2. Qualifications. Collectively, the members of the compensation panel must have the following qualifications:



A. Familiarity with the legal system, including experience with:

(1) Weighing evidence and making decisions based on that evidence; and


(2) Well-established legal principles that govern awarding damages;
[2001, c. 439, Pt. T, §5 (new).]




B. Experience or knowledge of abuse and its effects; and [2001, c. 439, Pt. T, §5 (new).]




C. Experience or knowledge of deaf culture. [2001, c. 439, Pt. T, §5 (new).]

The members of the compensation panel may not have any personal bias with regard to the Governor Baxter School for the Deaf, any employee of the Governor Baxter School for the Deaf or any claimant. [2001, c. 439, Pt. T, §5 (new).]


3. Chair. The compensation panel members shall select a chair from among the members. [2001, c. 439, Pt. T, §5 (new).]


4. Decision-making; quorum. The compensation panel members shall work together as collaboratively as possible. Decisions on claims must be determined by a majority vote. All 3 members must be present in order for a vote to be taken. [2001, c. 439, Pt. T, §5 (new).]


5. Training and education. Before handling any claims, the compensation panel shall complete the training and education under section 22006. [2001, c. 439, Pt. T, §5 (new).] 05 §22004 Compensation panel (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22005. Appeal board (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22005. Appeal board (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Appointment. The authority board shall serve as the appeal board to hear and decide appeals of the decision of the compensation panel. [2001, c. 439, Pt. T, §5 (new).]


2. Decisions. Decisions on claims must be determined by a majority vote. Three members constitute a quorum. [2001, c. 439, Pt. T, §5 (new).] 05 §22005 Appeal board (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22006. Training and education (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22006. Training and education (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Training and education program. The program director shall coordinate training and education for the members of the authority, the program director and the compensation panel in the following subject areas:



A. Deaf culture; [2001, c. 439, Pt. T, §5 (new).]




B. Physical and sexual abuse and its effects; [2001, c. 439, Pt. T, §5 (new).]




C. Basic applicable legal principles; and [2001, c. 439, Pt. T, §5 (new).]




D. Any other subject useful to the operation of the program. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


2. Required. Members of the authority, the program director and the compensation panel shall participate in the training and education. [2001, c. 439, Pt. T, §5 (new).] 05 §22006 Training and education (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22007. Program principles and guidelines (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22007. Program principles and guidelines (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Duties. The program has the following duties.



A. The program shall provide American Sign Language interpreters to ensure communication between program staff and claimants, their families and friends and advocates providing support. [2001, c. 439, Pt. T, §5 (new).]




B. The program shall explain to the claimants the compensation process from initial contact with the program through acceptance of the award, release of the State from further liability and the making of the apology. [2001, c. 439, Pt. T, §5 (new).]




C. The program shall allow claimants to be accompanied in all steps of the process by friends, family and other support people. [2001, c. 439, Pt. T, §5 (new).]




D. The program shall promote provision of support and immediate access to counseling resources for claimants recounting their experiences, especially those disclosing abuse for the first time. [2001, c. 439, Pt. T, §5 (new).]




E. The program shall inform as many former students as possible about the program and give those students an opportunity to apply for compensation. [2001, c. 439, Pt. T, §5 (new).]




F. The program shall work with former students and their families in situations in which the former student is not capable of making decisions concerning participation in the program. [2001, c. 439, Pt. T, §5 (new).]




G. The program shall develop a plan for working with and providing services to former students no longer living in the State. [2001, c. 439, Pt. T, §5 (new).]




H. The program may employ only persons who do not have any personal bias with regard to the Governor Baxter School for the Deaf, any employee of the Governor Baxter School for the Deaf or any claimant. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


2. Program guidelines. The authority shall adopt program guidelines as the theoretical and practical bases for the operation of the program that are consistent with subsection 1, using the following sources as guidance:



A. The final report of the Committee to Develop a Compensation Program for Victims of Abuse at the Governor Baxter School for the Deaf, established by Resolve 1999, chapter 127, Part B; [2001, c. 439, Pt. T, §5 (new).]




B. The guiding principles that have been adopted and used by other compensation programs as bases for operation of the programs; [2001, c. 439, Pt. T, §5 (new).]




C. The report of the Law Commission of Canada, "Restoring Dignity: Responding to Child Abuse in Canadian Institutions," issued in 2000; [2001, c. 439, Pt. T, §5 (new).]




D. Judicial practice, in the State and elsewhere, concerning the awarding of damages; and [2001, c. 439, Pt. T, §5 (new).]




E. Any other reports, rules or other sources the authority determines useful. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


3. Process. The program guidelines are not rules and the authority is not required to proceed under the Maine Administrative Procedure Act in adopting the program guidelines, although the authority may hold public hearings and solicit comments as provided in that Act. In developing the program guidelines, the authority shall seek input from and work as collaboratively as possible with all interested parties and groups, including the deaf community. [2001, c. 439, Pt. T, §5 (new).] 05 §22007 Program principles and guidelines (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22008. Status of members and employees (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22008. Status of members and employees (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. State employees. Members and employees of the authority may not be construed to be state employees for the purpose of the state civil service provisions of Part 2 and chapter 372, and any other purpose except for the following:



A. Employees of the authority are deemed state employees for the purposes of the state retirement provisions of Part 20, and the state employee health insurance program under chapter 13, subchapter II; and [2001, c. 439, Pt. T, §5 (new).]




B. For the purposes of the Maine Tort Claims Act, the authority is deemed a governmental entity and its members and employees are deemed employees as those terms are defined in Title 14, section 8102. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


2. Limitation of liability. A person who is a member of the authority or an employee of the authority is not subject to personal liability for having acted within the course and scope of the person's membership or employment to carry out any power or duty under this chapter. The authority shall indemnify a member or employee of the authority against expenses actually and necessarily incurred by the person in connection with the defense of any action or proceeding in which the person is made a party by reason of past or present association with the authority. [2001, c. 439, Pt. T, §5 (new).] 05 §22008 Status of members and employees (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22009. Public proceedings and records; confidentiality (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22009. Public proceedings and records; confidentiality (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Public proceedings and records. Except as provided in subsection 2, all meetings and records of the authority are subject to the provisions of Title 1, chapter 13, subchapter I. [2001, c. 439, Pt. T, §5 (new).]


2. Confidential. All information provided by a claimant or a claimant's family is confidential until the claim is submitted to the compensation panel. Once the claim is submitted to the compensation panel, the following information is a public record:



A. The claimant's name; [2003, c. 352, §3 (new).]




B. The claimant's eligibility for compensation; [2003, c. 352, §3 (new).]




C. The amount of the compensation award, if any; and [2003, c. 352, §3 (new).]




D. A summary of the compensation panel's rationale in deciding eligibility and the compensation award amount. [2003, c. 352, §3 (new).]

All other information supporting or corroborating the claim continues to be confidential and may be released by the authority to only the Attorney General, the Governor and the chairs of the joint standing committee of the Legislature having jurisdiction over the authority. The information remains confidential and the Attorney General, the Governor and chairs of the committee may not release it. [2003, c. 352, §3 (amd).] 05 §22009 Public proceedings and records; confidentiality (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22010. Repeal (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 2001, c. 439, Pt. T, @5 (new)

§22010. Repeal (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107) div>
This chapter is repealed on July 1, 2007. [2001, c. 439, Pt. T, §5 (new).] p align="center">05 §22010 p align="center">Repeal p align="center"> (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22021. Baxter Compensation Program (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 2: THE BAXTER COMPENSATION PROGRAM (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22021. Baxter Compensation Program (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Purposes. The purposes of the Baxter Compensation Program are:



A. To provide compensation to former students who suffered abuse by a state employee or as a result of state action or inaction while students at either the Maine School for the Deaf or the Governor Baxter School for the Deaf; [2001, c. 439, Pt. T, §5 (new).]




B. To assist in the victims' healing process by admitting the State's responsibility for not protecting students from abuse by a state employee or as a result of state action or inaction while the victims were attending the Maine School for the Deaf or the Governor Baxter School for the Deaf; and [2001, c. 439, Pt. T, §5 (new).]




C. To apologize to the students who were abused and to their families. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


2. Program director; duties. The program director shall direct the program.



A. The program director is responsible for hiring, supervising and firing all employees authorized by the authority. The program director shall maintain only the number of employees necessary to operate the program. [2001, c. 439, Pt. T, §5 (new).]




B. The program director is responsible for the day-to-day operations of the program, including overseeing the work of the claims consultants. [2001, c. 439, Pt. T, §5 (new).]




C. The program director shall report to the authority on a regular basis as determined by the authority, and shall keep the authority informed about the program and its operation. [2001, c. 439, Pt. T, §5 (new).]




D. The program director shall maintain communication with the deaf community and other potential beneficiaries of the program. [2001, c. 439, Pt. T, §5 (new).]




E. The program director may not have any personal bias with regard to the Governor Baxter School for the Deaf, any employee of the Governor Baxter School for the Deaf or any claimant. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


3. Location; travel. The program must be established in a central office location. The program director and all program personnel, including the claims consultants and the compensation panel are based in the central office. Claim consultants may travel as needed to assist claimants in preparing their claims. The compensation panel may travel as needed to carry out its responsibilities. [2001, c. 439, Pt. T, §5 (new).]


4. Claims consultants. The program director shall hire a sufficient number of claims consultants to work with the persons applying for compensation. Claims consultants must be selected to provide personal and professional diversity sufficient to allow claimants to select the claims consultant with whom they feel the most comfortable.



A. The qualifications for claims consultants include:

(1) Fluency in American Sign Language;


(2) Knowledge of or familiarity with abuse and its effects;


(3) Knowledge of or familiarity with deaf culture;


(4) Ability to work with deaf interpreters;


(5) Ability to work with and refer claimants to therapists and counselors; and


(6) An absence of personal bias with regard to the Governor Baxter School for the Deaf, any employee of the Governor Baxter School for the Deaf or any claimant.
[2001, c. 439, Pt. T, §5 (new).]




B. The duties of claims consultants include:

(1) Working with claimants and potential claimants;


(2) Helping claimants prepare their materials for submission to the compensation panel;


(3) Recording claimants' stories and experiences for use in the claims process, including presentation to the compensation panel in written, audio or audio visual formats;


(4) Assisting claimants in collecting and corroborating information;


(5) Explaining the compensation program process to claimants;


(6) Explaining the decision of the compensation panel;


(7) Assisting claimants in assembling the materials necessary to appeal the compensation panel's decision to the appeal board;


(8) Referring claimants to a professional outside the program in order to secure legal and financial advice;


(9) Referring claimants to counseling when appropriate; and


(10) Other reasonable duties necessary for the operation of the program as assigned by the program director.

A claimant is not required to use the services of a claims consultant to file a claim for compensation. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).] 05 §22021 Baxter Compensation Program (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22022. Eligibility (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 2: THE BAXTER COMPENSATION PROGRAM (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22022. Eligibility (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107) div>
A person is eligible to receive compensation if: [2001, c. 439, Pt. T, §5 (new).]

1. Victim of abuse. That person was abused by a state employee or as a result of state action or inaction while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf, and the abuse occurred either at the school or was associated with the school; [2001, c. 439, Pt. T, §5 (new).]


2. Date of abuse. The abuse occurred prior to January 1, 2001; and [2001, c. 439, Pt. T, §5 (new).]


3. Filing deadline. The claim for compensation is filed with the program by March 31, 2006. [2001, c. 439, Pt. T, §5 (new).] 05 §22022 Eligibility (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22023. Claim process (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 2: THE BAXTER COMPENSATION PROGRAM (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22023. Claim process (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Application. To apply for compensation, a former student of the Maine School for the Deaf or the Governor Baxter School for the Deaf must submit to the program a written statement of intent to seek compensation. An estate is not eligible to submit a statement of intent under this subsection. [2003, c. 673, Pt. BBBB, §1 (amd).]


2. Submit to compensation panel. The claimant or, if requested by the claimant, a claims consultant shall submit the information about the claim to the compensation panel. [2001, c. 439, Pt. T, §5 (new).] 05 §22023 Claim process (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22024. Decision (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 2: THE BAXTER COMPENSATION PROGRAM (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22024. Decision (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107) div>
The compensation panel shall issue a decision on each submitted claim. The decision consists of 2 parts. [2001, c. 439, Pt. T, §5 (new).]

1. Eligibility determination. The compensation panel shall determine whether the claimant is eligible to receive compensation. For the claimant to be eligible for compensation, the compensation panel must determine that:



A. The claimant was a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf. The compensation panel may use reliable information in addition to the information included in the claim; [2001, c. 439, Pt. T, §5 (new).]




B. The allegation of abuse includes abuse that occurred before January 1, 2001; and [2001, c. 439, Pt. T, §5 (new).]




C. The claimant was abused by a state employee or as a result of state action or inaction while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf. The compensation panel shall make this determination if the compensation panel finds there is a reasonable likelihood that the claimant was abused while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf. The abuse may have occurred at either school or elsewhere, but the abuse must have been associated with attendance or residence at either school while the State was responsible for the claimant's care and custody. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


2. Determination of compensation amount. If the compensation panel determines that the claimant is eligible under subsection 1, the compensation panel shall review the claim to determine the amount of compensation. The panel shall apply the criteria adopted under section 22002, subsection 6, paragraph G, to the facts of the claim to determine which level of compensation is to be awarded. When making the determination, the panel shall award compensation at the highest level that the facts of the claim support. [2001, c. 439, Pt. T, §5 (new).]


3. Decision. The compensation panel shall complete its decision within 9 months of the filing of the complete claim with the compensation panel. [2001, c. 667, Pt. C, §4 (amd).]


4. Communication of the decision. The compensation panel shall provide to the claimant, and any claims consultant who assisted the claimant, a written statement of the decision, including separate findings on each of the determinations. The claimant may consult with a claims consultant who shall explain the content and meaning of the decision to the claimant. The claims consultant shall also explain the options available to the claimant if the claimant is not satisfied with the compensation panel's decision. [2001, c. 667, Pt. C, §4 (amd).] 05 §22024 Decision (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22025. Appeal (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 2: THE BAXTER COMPENSATION PROGRAM (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22025. Appeal (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Appeal. If the claimant is not satisfied with the final decision of the compensation panel, the claimant may appeal the decision to the appeal board. The appeal must be submitted within 60 days of the communication of the decision to the claimant, although the appeal board may extend the time limit for good cause. [2001, c. 439, Pt. T, §5 (new).]


2. Appeal costs. If the claimant appeals the decision, the claimant is responsible for paying the costs of the appeal as follows.



A. If the claimant is appealing the compensation panel's decision under section 22024, subsection 1 that the claimant is not eligible for compensation, the claimant is not required to pay any appeal costs. [2001, c. 439, Pt. T, §5 (new).]




B. If the claimant is appealing the compensation panel's decision under section 22024, subsection 2 regarding the level of compensation, the costs must be paid as follows:

(1) If the appeal board disagrees with the claimant and upholds the compensation panel's decision, the appeal cost is $2,500, to be withheld from the compensation payment; or


(2) If the appeal board agrees with the claimant and increases the compensation award of the compensation panel, the claimant is not required to pay any appeal cost.
[2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).]


3. Assistance of claims consultant. At the request of a claimant, a claims consultant shall assist the claimant in assembling the materials necessary to appeal the decision. [2001, c. 439, Pt. T, §5 (new).]


4. Appeal on record and appeal documents. In considering an appeal, the appeal board, except as otherwise provided in this section, shall consider only the record of the proceedings before the compensation panel, including any documents or testimony presented to the panel. The appeal board may also consider any oral or written arguments that the claimant may wish to make in support of the claim. [2003, c. 352, §4 (rpr).]


5. Standard of review. The appeal board may either affirm or increase a compensation award of the compensation panel, but may not reduce an award. The appeal board may overrule a decision of the compensation panel only if the appeal board determines the decision of the compensation panel is arbitrary and capricious, inconsistent with the statute or inconsistent with the policies adopted by the authority. [2003, c. 352, §4 (rpr).]


5-A. New information. If a claimant wishes to offer on appeal new information not presented to the compensation panel, the appeal board shall determine whether the new information is appropriate for consideration in connection with the claim. If the appeal board determines that the new information is appropriate for consideration, it shall return the matter to the compensation panel and order that the compensation panel reconsider the claim in light of the new information. [2003, c. 352, §5 (new).]


6. Decision. The appeal board shall complete its decision within 60 days of the filing of the appeal with the appeal board. [2001, c. 439, Pt. T, §5 (new).]


7. Communication of decision. The appeal board shall provide to the claims consultant a written statement of the appeal board's decision. The claims consultant shall provide the statement and explain its content and meaning to the claimant. [2001, c. 439, Pt. T, §5 (new).]


8. Decision final. The decision of the appeal board is final and is not appealable to any court or other authority. [2001, c. 439, Pt. T, §5 (new).] 05 §22025 Appeal (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22026. Acceptance (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 2: THE BAXTER COMPENSATION PROGRAM (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22026. Acceptance (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Notification. The claimant shall notify a claims consultant whether the claimant will accept the compensation awarded by the program. [2001, c. 439, Pt. T, §5 (new).]


2. Release. To receive payment of the compensation, the claimant must release the State from any further liability by signing a release form provided by the program. [2001, c. 439, Pt. T, §5 (new).]


3. Financial advice. A claims consultant shall provide to the claimant who has been awarded compensation the names and addresses of professionals who have agreed to work with claimants to provide financial advice. [2001, c. 439, Pt. T, §5 (new).] 05 §22026 Acceptance (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22027. Payment (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 2: THE BAXTER COMPENSATION PROGRAM (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22027. Payment (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107) div>
The program shall pay compensation within 30 days of the final compensation decision and receipt of a release from the claimant as provided in section 22026, subsection 2, or as soon thereafter as possible. [2001, c. 667, Pt. C, §5 (amd).] div>
If a claimant dies before compensation is paid, the compensation is payable to the estate of the claimant. [2003, c. 673, Pt. BBBB, §2 (new).] p align="center">05 §22027 p align="center">Payment p align="center"> (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22028. Apology (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 2: THE BAXTER COMPENSATION PROGRAM (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22028. Apology (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Personal apology. When the program pays compensation, the State shall issue a personal apology to the claimant. [2001, c. 439, Pt. T, §5 (new).]


2. Process. The State shall issue the apology as follows.



A. The program director shall prepare the apology, and deliver the document to the Legislature and the Governor. [2001, c. 439, Pt. T, §5 (new).]




B. The President of the Senate, the Speaker of the House of Representatives and the Governor shall personally sign the apology document. [2001, c. 439, Pt. T, §5 (new).]

[2001, c. 439, Pt. T, §5 (new).] 05 §22028 Apology (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §22041. Counseling (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Maine Legislature

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 28: COMPENSATION AND REDRESS (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Chapter 601: THE BAXTER COMPENSATION AUTHORITY (HEADING: PL 2001, c. 439, Pt. T, @5 (new))
Subchapter 3: SERVICES (HEADING: PL 2001, c. 439, Pt. T, @5 (new))

§22041. Counseling (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 7107)

1. Referrals. Claims consultants shall refer claimants and their families for counseling when the claims consultants believe such referral may be helpful. [2001, c. 439, Pt. T, §5 (new).]


2. Counseling. Claimants are eligible for counseling without cost to them as provided through the Department of Health and Human Services. The Department of Health and Human Services shall continue to provide counseling services for former students of the Governor Baxter School for the Deaf and the Maine School for the Deaf. [2001, c. 354, §3 (amd); c. 439, Pt. T, §5 (new); 2003, c. 689, Pt. B, §6 (rev).] 05 §22041 Counseling (WHOLE SECTION TEXT REPEALED 7107 by T. 5, §22010)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

USA Statutes : maine