Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS
Section 001-384-11 - PRELIMINARY FINDINGS AND OPPORTUNITY FOR WRITTEN RESPONSE

Universal Citation: 01 ME Code Rules ยง 001-384-11

Current through 2024-38, September 18, 2024

A. Preliminary findings. Within 20 days of the filing of the complaint the State Sealer shall send a copy of his preliminary factual findings to the complainant and respondents by certified mail, except that if the State Sealer cannot issue the findings within 20 days, he shall so advise the complainant and respondent in writing and shall state the date by which he expects to be able to issue them.

B. Opportunity for written response. Upon receipt of the preliminary findings the complainant and respondents shall have an opportunity to file a written response with the State Sealer, setting forth specific items of disagreement and grounds for the disagreement.

1. The written response must be received by the State Sealer no later than 10 days after receipt of the preliminary findings. Any extension shall be permitted only where agreed upon by both the complainant and the respondents.

2. The State Sealer shall only consider items of disagreement that are submitted in writing and which address:
(a) Relevant factual errors;

(b) Relevant omissions of facts, or

(c) Relevant issues and questions concerning interpretations of law.

3. The State Sealer shall mail a copy of any response received to the other parties to the complaint.

4. The State Sealer is not required to permit the other parties to a complaint the opportunity to rebut any written response, except where, as a result of the response, the State Sealer amends or reverses his preliminary findings.

C. Amended or reversed Preliminary findings. if, as a result of a written response, the State Sealer amends or reverses his preliminary findings, the revised preliminary findings are again subject to the requirements of subsection A and B relating to the opportunity for written responses.

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