§3811. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 654, §1 (NEW).] 1. Assistance unit. “Assistance unit” means the individuals whose need the department considers when determining whether an applicant or recipient is eligible for program benefits. [PL 1993, c. […]
§3812. Notice to recipient A notice of overpayment issued by a payor of program benefits must inform the recipient of the collection remedies available under this chapter. [PL 1993, c. 654, §1 (NEW).] SECTION HISTORY PL 1993, c. 654, §1 (NEW).
§3813. Notice to repay 1. Repayment. The department may serve a notice to repay upon an individual or other member of an assistance unit that received an overpayment that has not been recouped, repaid or otherwise recovered by the department if the individual or other member of the assistance unit no longer receives benefits from […]
§3814. Service The department may serve a notice to repay by certified mail, return receipt requested, by personal service by an authorized representative of the commissioner, or as specified by the Maine Rules of Civil Procedure. [PL 1993, c. 654, §1 (NEW).] SECTION HISTORY PL 1993, c. 654, §1 (NEW).
§3815. Exempt property An obligor’s weekly income equal to 30 times the federal minimum wage as prescribed by the United States Code, Title 29, Section 206(a)(1), is exempt from collection by income withholding. Property otherwise exempt from trustee process, attachment and execution is exempt from collection by lien and foreclosure. [PL 1993, c. 654, […]
§3816. Income withholding 1. Payor duty. Twenty-one days after the department has served a notice to repay, the department may serve an income withholding order upon the obligor’s employer or other payor of income to collect the amount of the overpayment not recouped, repaid or otherwise recovered by the department, unless collection action is stayed […]
§3817. Assignment of earnings The department may seek to collect an overpayment by executing an assignment of earnings with the obligor. An employer or other payor of income shall honor an assignment of earnings executed by the department and an obligor. An assignment of earnings continues until released in writing by the department. Income withheld […]
§3818. Payor compensation The department may establish by rule a fee that an employer or other payor of income may deduct from the obligor’s income as compensation for honoring an income withholding order or assignment of earnings. [PL 1993, c. 654, §1 (NEW).] SECTION HISTORY PL 1993, c. 654, §1 (NEW).
§3819. Payor protected An employer or other payor of income may not be held liable for action taken to honor a duly executed income withholding order or assignment of earnings issued by the department. [PL 1993, c. 654, §1 (NEW).] SECTION HISTORY PL 1993, c. 654, §1 (NEW).
§3820. Failure to honor An employer or other payor of income who knowingly fails to honor an income withholding order or assignment of earnings is liable to the department for the amount of income not withheld or the amount of income withheld and not sent to the department, as applicable. A court may award the […]
§3821. Employee protected An employer may not discharge, refuse to hire, discipline or otherwise discriminate against an employee because of action by the department under this chapter. An employer who violates this section is subject to a fine of up to $5,000 payable to the State to be recovered in a civil action. The employer […]
§3822. Liens The department may issue a certificate of lien 21 days after service of a notice to repay, unless collection action is stayed in accordance with section 3813, subsection 6. A lien issued by the department under this section attaches to all nonexempt real and personal property of the person named in the notice […]
§3823. Foreclosure on liens The commissioner shall proceed as follows with respect to foreclosures on liens filed pursuant to section 3822. [PL 1993, c. 654, §1 (NEW).] 1. Liens on real property. Actions to foreclose liens on real property issued under section 3822 may be brought in the county where the property is located […]
§3824. Credit reporting The department may submit the names of obligors and the amounts of overpayments not recouped, repaid or otherwise recovered to a consumer credit reporting agency. The department may submit the name of an obligor and the amount owed only if the amount owed was established by judicial or administrative action, by agreement […]
§3825. Exceptions to collections from minors 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “AFDC” means the Aid to Families with Dependent Children program administered pursuant to former chapter 1053. [PL 2001, c. 551, §2 (NEW).] B. “TANF” means the Temporary […]
