Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 3 - RULES GOVERNING THE CONDUCT OF LICENSING HEARINGS
Section 096-3-4 - Presiding Officer

Universal Citation: 06 ME Code Rules ยง 096-3-4

Current through 2024-38, September 18, 2024

A. Designation. The Commissioner or Board Chair shall designate a Presiding Officer for the hearing.

(1) For hearings conducted by the Commissioner, the Presiding Officer must be:
(a) the Commissioner; or

(b) an employee or agent of the Department who is designated by the Commissioner.

(2) For hearings conducted by the Board, the Presiding Officer must be:
(a) the Board Chair; or

(b) a Board member who is designated by the Board Chair.

B. Substitute Presiding Officer. Whenever a Presiding Officer is disqualified or it becomes impractical for him or her to continue in that capacity, another Presiding Officer may be designated pursuant to section 4(A) to continue with the hearing; provided that, if it is shown substantial prejudice to any party will thereby result, the substitute officer shall commence the hearing anew.

C. Authority. The Presiding Officer has the authority to:

(1) identify statutes and rules that are applicable to the proceeding;

(2) act upon requests for subpoenas;

(3) rule upon the admissibility of evidence;

(4) limit the issues to be heard if the parties and the Presiding Officer agree to such limitation, or if no prejudice to any party will result;

(5) grant or deny petitions for intervention which have not previously been ruled upon by the Commissioner or the Board;

(6) administer oaths and affirmations;

(7) conduct conferences;

(8) regulate the course of the proceeding, set the time and place for hearings, and fix the time for filing of pre-filed written testimony, exhibits, evidence, briefs, and other written submissions;

(9) rule upon issues of procedure;

(10) for hearings conducted by the Board, certify questions to the Board for its determination;

(11) vary from any procedure prescribed by this rule or the Maine Administrative Procedure Act, chapter 375, subchapter IV, if the parties and the Presiding Officer agree to such variation, or if the variance will achieve greater fairness or economy and no prejudice to any party will result; and

(12) take such other action that is necessary for the efficient and orderly conduct of the hearing.

D. Ruling Appeals. Pre-hearing rulings made pursuant to section 4(C)(1) through 4(C)(5) are appealable to the full Board in Board licensing proceedings and to the Commissioner in Commissioner licensing proceedings where the Commissioner is not the Presiding Officer. Unless determined necessary by the Presiding Officer, the course of a licensing proceeding is not stayed by an appeal of a Presiding Officer's ruling. An appeal of the Presiding Officer's ruling is not a necessary prerequisite to preserve a party's objection for the purpose of judicial appeal.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.