Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
026 - BOARD OF PESTICIDES CONTROL
Chapter 70 - ADJUDICATORY PROCEEDINGS
Section 026-70-13 - Ex Parte Communications; Separation of Functions
Universal Citation: 01 ME Code Rules ยง 026-70-13
Current through 2024-38, September 18, 2024
A. Communication prohibited. In any adjudicatory proceeding, no Board members authorized to take final action or presiding officers designated by the Board to make findings of fact and conclusions of law shall communicate, directly or indirectly, in connection with any issue of fact, law or procedure, with any person, except upon notice and opportunity for all parties to participate.
B. Communication permitted. This section shall not prohibit any Board member or other presiding officer described in subsection (A) from:
1.
Communicating in any respect with other members of the Board or other presiding
officers; or
2. Having the aid or
advice of those members of his own Board staff, counsel or consultants retained
by the Board who have not participated and will not participate in the Board
proceeding in an advocate capacity.
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