Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS
Section 001-1-5 - Presiding Officer

Universal Citation: 01 ME Code Rules ยง 001-1-5

Current through 2024-38, September 18, 2024

A. The Commissioner and the Board may jointly authorize, subject to Subsection B hereof, any one of the following to act as presiding officer of a hearing which is the subject of these rules of procedure;

1. the Commissioner,

2. the Chairperson of the Board,

3. a member of the Board,

4. an employee of the Department or the Board, or

5. a representative of the Commissioner or the Board.

B. If the presiding officer is the Commissioner or an employee of the Department or representative of the Commissioner, all acts of the presiding officer must receive the concurrence of the Chairperson of the Board, or a member, employee or representative of the Board designated by the Board for such purposes. Likewise, if the presiding officer is the Chairperson of the Board, or a member, employee, or representative of the Board, all acts of the presiding officer must receive the concurrence of the Commissioner, or a representative of the Commissioner or employee of the Department designated by the Commissioner for such purposes. In the absence of concurrence, disagreement shall be noted on the record and the evidence which is excluded or admitted over the objection of the non-concurring party shall be separately taken into account by the Commissioner and the Board in their separate determinations as provided by these rules.

C. Whenever a presiding officer is disqualified or unable to continue the hearing, another presiding officer may be assigned as a substitute to continue with the hearing.

D. Subject to the provisions of subsection B hereof, and any limitation set by the authorization of the presiding officer to act as such, the presiding officer shall have the authority to:

1. administer oaths and affirmations;

2. rule on the admissibility of evidence;

3. regulate the course of the hearings, set the time and place for continued hearings and fix the time for filing of evidence, briefs and other written submissions;

4. rule on applications for intervenor status, subject to the provisions of Section 8 hereof;

5. permit deviations from these procedural rules as provided for in Section 7 hereof; and

6. take such other action authorized or contemplated by these rules of procedure or as may be ordered by the Commissioner or the Board that is necessary for the efficient and orderly conduct of the hearing.

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