Previous PageTable Of ContentsNext Page

PUBLIC LAWS OF MAINE
First Regular Session of the 120th

PART T

     Sec. T-1. 5 MRSA §1513, sub-§§1-R and 1-T are enacted to read:

     1-R. Transfer from Maine Rainy Day Fund; Baxter Compensation Authority Other Special Revenue Fund account. Notwithstanding subsection 2 and section 1585, $2,000,000 must be transferred by the State Controller from the available balance in the Maine Rainy Day Fund to the Baxter Compensation Authority Other Special Revenue Fund account in fiscal year 2001-02.

     1-T. Transfer from Governor Baxter School for the Deaf Compensation Fund within Maine Rainy Day Fund; Governor Baxter School for the Deaf victims' compensation. Notwithstanding subsection 2 and section 1585 or any other provision of law, an amount not to exceed $3,000,000 may be transferred by the State Controller from the balance in the Governor Baxter School for the Deaf Compensation Fund within the Maine Rainy Day Fund to the Baxter Compensation Authority Other Special Revenue Fund account to be made available by financial order upon the recommendation of the State Budget Officer and approval of the Governor to be used for the payment of costs of administration of the Baxter Compensation Authority and for the payment of compensation to former students who were victims of abuse at the Governor Baxter School for the Deaf or its predecessors. Transfers by the State Controller from the Governor Baxter School for the Deaf Compensation Fund within the Maine Rainy Day Fund must be made upon written request of the Baxter Compensation Authority board and the approval of the program director of the Baxter Compensation Program.

     Sec. T-2. 5 MRSA §1513-A is enacted to read:

§1513-A.    Governor Baxter School for the Deaf Compensation Fund established

     The Governor Baxter School for the Deaf Compensation Fund, referred to this section as the "compensation fund," is established within the Maine Rainy Day Fund and must be segregated and maintained as a separate account known as the Governor Baxter School for the Deaf Compensation Fund. On July 1, 2001, the State Controller shall capitalize the compensation fund in the amount of $3,000,000.

     Sec. T-3. 5 MRSA §12004-B, sub-§9 is enacted to read:

9. Baxter Compensation Program Compensation Panel

Legislative Per Diem and Expenses

5 MRSA §22004

     Sec. T-4. 5 MRSA §12004-G, sub-§26-E is enacted to read:

26-E. Legislature

Baxter Compen-sation Authority

Legislative Per Diem and Expenses

5 MRSA §22002

     Sec. T-5. 5 MRSA Pt. 28 is enacted to read:

PART 28
COMPENSATION AND REDRESS
CHAPTER 601
THE BAXTER COMPENSATION AUTHORITY
SUBCHAPTER I
GENERAL PROVISIONS

§22001. Definitions

     As used in this chapter, the following terms have the following meanings, unless the context otherwise indicates.

     1. Abuse. "Abuse" means sexual abuse, physical abuse or both.

     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.

     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.

     4. Authority. "Authority" means the Baxter Compensation Authority established in section 12004-G, subsection 26-E.

     5. Authority board or board. "Authority board" or "the board" means the 5-member governing body described in section 22002, subsection 3.

     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.

     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.

     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.

     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.

     10. Program. "Program" means the Baxter Compensation Program established in section 22021.

     11. Program director. "Program director" means the person appointed by the authority to direct the program as provided in section 22003.

     12. Program principles. "The program principles" means the compilation of theoretical and practical bases for operation of the program as provided in section 22007.

     13. Trust fund. "Trust fund" means the Baxter Compensation Authority Other Special Revenue Fund account authorized pursuant to section 1513, subsection 1-T, or its successor.

§22002. Baxter Compensation Authority

     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.

     2. Purpose. The authority is established to administer the Baxter Compensation Program.

     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.

     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.

     5. Powers. The authority may:

     6. Duties. The authority has the following duties.

     7. Application of laws. The authority is subject to the budget, accounts and control and auditing requirements of Part 4.

     8. Use of trust fund. The authority may use up to 15% of the trust fund for administrative expenses in each fiscal year.

     9. Administrative support. The Department of Labor, Bureau of Rehabilitation, Division of Deafness shall provide such administrative support as is requested by the authority.

     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.

§22003. Program director

     The authority shall appoint a program director to serve as staff to the authority and to direct the program.

§22004. Compensation panel

     1. Appointment. The authority shall appoint 3 persons to serve as the compensation panel established in section 12004-B, subsection 9. The compensation panel shall make decisions about the eligibility of claimants and the appropriate compensation payments to be made.

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

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.

     3. Chair. The compensation panel members shall select a chair from among the members.

     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.

     5. Training and education. Before handling any claims, the compensation panel shall complete the training and education under section 22006.

§22005. Appeal board

     1. Appointment. The authority board shall serve as the appeal board to hear and decide appeals of the decision of the compensation panel.

     2. Decisions. Decisions on claims must be determined by a majority vote. Three members constitute a quorum.

§22006. Training and education

     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:

     2. Required. Members of the authority, the program director and the compensation panel shall participate in the training and education.

§22007. Program principles and guidelines

     1. Duties. The program has the following duties.

     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:

     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.

§22008. Status of members and employees

     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:

     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.

§22009.     Public proceedings and records; confidentiality

     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.

     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 claim is a public record.

§22010. Repeal

     This chapter is repealed on July 1, 2007.

SUBCHAPTER II
THE BAXTER COMPENSATION PROGRAM

§22021. Baxter Compensation Program

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

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

     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.

     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.

§22022. Eligibility

     A person is eligible to receive compensation if:

     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;

     2. Date of abuse. The abuse occurred prior to January 1, 2001; and

     3. Filing deadline. The claim for compensation is filed with the program by March 31, 2006.

§22023. Claim process

     1. Application. A person may apply for compensation by submitting a completed claim form to the program.

     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.

§22024. Decision

     The compensation panel shall issue a decision on each submitted claim. The decision consists of 2 parts.

     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:

     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.

     3. Decision. The compensation panel shall complete its decision within 60 days of the filing of the complete claim with the compensation panel.

     4. Communication of the decision. The compensation panel shall provide to the claims consultant who assisted the claimant or, if no claims consultant assisted the claimant, to a claims consultant a written statement of the decision, including separate findings on each of the determinations. The claims consultant shall provide the statement and explain its content and meaning 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.

§22025. Appeal

     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.

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

     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.

     4. Appeal on record and appeal documents. The appeal board may make the decision on the appeal based solely on the record of the claim and documents submitted with the appeal. The appeal board is not required to conduct a hearing or take testimony, but may do so if it so chooses.

     5. Standard of review. The appeal board shall review the decision of the compensation panel and may overrule the decision only if the appeal board determines the decision of the compensation panel is arbitrary and capricious.

     6. Decision. The appeal board shall complete its decision within 60 days of the filing of the appeal with the appeal board.

     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.

     8. Decision final. The decision of the appeal board is final and is not appealable to any court or other authority.

§22026. Acceptance

     1. Notification. The claimant shall notify a claims consultant whether the claimant will accept the compensation awarded by the program.

     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.

     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.

§22027. Payment

     The program shall pay compensation within 30 days of the final compensation decision, or as soon thereafter as possible.

§22028. Apology

     1. Personal apology. When the program pays compensation, the State shall issue a personal apology to the claimant.

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

SUBCHAPTER III
SERVICES

§22041. Counseling

     1. Referrals. Claims consultants shall refer claimants and their families for counseling when the claims consultants believe such referral may be helpful.

     2. Counseling. Claimants are eligible for counseling without cost to them as provided through the Department of Mental Health, Mental Retardation and Substance Abuse Services. The Department of Mental Health, Mental Retardation and Substance Abuse 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.

     Sec. T-6. 20-A MRSA §7412, sub-§3, as enacted by PL 1999, c. 731, Pt. PPP, §1, is amended to read:

     3. Nonlapsing fund; transfer to General Fund. Any Until July 1, 2007, any unexpended funds remaining in the fund may not lapse but must be carried forward for the benefit of the fund. On July 1, 2007, any unexpended funds remaining in the fund must be transferred to the General Fund.

     Sec. T-7. 20-A MRSA §7412, sub-§4, as enacted by PL 1999, c. 731, Pt. PPP, §1, is repealed.

     Sec. T-8. Baxter Compensation Authority Other Special Revenue Fund account established. Notwithstanding any other provisions of law, the Baxter Compensation Authority Other Special Revenue Fund account, referred to in this section as the "account," is established. The account is established for the purpose of receiving funds from any source and expending those funds for the payment of administration of the Baxter Compensation Authority established in the Maine Revised Statutes, Title 5, section 12004-G, subsection 26-E and for the payment of compensation to former students who were victims of abuse at the Governor Baxter School for the Deaf or its predecessors.

     Sec. T-9. Transfer from Governor Baxter School for the Deaf Student Trust Fund. Notwithstanding any other provision of law, on October 1, 2001 the State Controller shall transfer $1,000,000 from the Governor Baxter School for the Deaf Student Trust Fund established in the Maine Revised Statutes, Title 20-A, section 7412 to the Baxter Compensation Authority Other Special Revenue Fund account to be made available by financial order upon the recommendation of the State Budget Officer and approval of the Governor.

     Sec. T-10. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Part.

2001-02 2002-03

BAXTER COMPENSATION AUTHORITY
Baxter Compensation Authority

Provides funds for the costs associated with administering the Baxter Compensation Program. Funding is included for the salary, fringe benefits, office expenses and one-time start-up costs for one Program Director position, one Administrative Secretary position, one Claims Consultant position and one Certified Interpreter position in fiscal year 2001-02, for one additional Claims Consultant position and for one additional Certified Interpreter position in fiscal year 2002-03 and for per diem and expenses of members of the authority board and the compensation panel. Funding is also provided for the compensation due former students who were abused while attending the Governor Baxter School for the Deaf or the Maine School for the Deaf.

BAXTER COMPENSATION AUTHORITY ____________ ____________
TOTAL $1,143,610 $291,567

Revisor of Statutes Homepage Subject Index Search Laws of Maine Maine Legislature

About the 2001 Laws Of Maine

Previous PageTop Of PageTable Of ContentsNext Page

Office of the Revisor of Statutes
State House, Room 108
Augusta, Maine 04333

Contact the Office of the Revisor of Statutes