Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS
Section 096-4-13 - General Conduct of Hearing

A. Opening of Hearing. The Presiding Officer will open the hearing by describing in general terms the purpose of the hearing and the procedures governing its conduct.

B. Witnesses. All persons presenting testimony must be sworn. All witnesses providing testimony must be present at the hearing and are subject to cross-examination by the parties. The parties have a right to question all persons testifying.

C. Filing of Testimony. If the schedule of the hearing allows, the Board may require the pre-filing of all or part of the testimony of witnesses in written form for the purposes of expediting the proceeding. Every such witness shall be subject to oral cross-examination.

D. Order of Testimony. Unless specified otherwise in the enabling statute, the Commissioner must first name the person to whom the order was issued and establish the basis for the Commissioner's Order; accordingly, the Commissioner's witnesses testify first. The witnesses for the person named in the order testify after cross-examination and questioning of the Commissioner's witnesses. If the proceeding provides for intervention, the Presiding Officer will specify the schedule for intervenor testimony and the cross-examination of intervenor witnesses.

E. Examination of Witnesses and Questioning by Board. Board members, Board counsel, and Board staff may ask questions at any time of all persons testifying.

F. Closing Arguments. Oral closing arguments by each party may be allowed by the Presiding Officer after the presentation of evidence has concluded, at a time and place to be fixed by the Presiding Officer. Closing arguments may not introduce new evidence.

G. Post-hearing Briefs and Proposed Findings of Fact. The Presiding Officer may provide the parties with an opportunity to submit post-hearing briefs and proposed findings of fact after the close of the hearing and the record, within such time as specified by the Presiding Officer.

H. Board Deliberations. Following the close of the hearing and evidentiary record, the Board willde liberate and vote on a decision. Participation in deliberations is limited to Board members, Board counsel, and Board staff.

I. Hearings recorded. Hearings will be recorded in a form susceptible to transcription.