Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS
- Section 096-40-1 - Scope of Regulations
- Section 096-40-2 - Presiding Officer
- Section 096-40-3 - General Conduct of Hearing
- Section 096-40-4 - Commencement of Proceedings
- Section 096-40-5 - Response to Notice
- Section 096-40-6 - Evidence
- Section 096-40-7 - Consent Order - Procedures
- Section 096-40-8 - Action by Board when not in Session
- Section 096-40-9 - Record
- Section 096-40-10 - Orders
- Section 096-40-11 - Pleadings
- Section 096-40-12 - Time Extension of Time Within Which to Comply with Orders
- Section 096-40-13 - Copies of Record
- Section 096-40-14 - Signing of Pleading
- Section 096-40-15 - Effective Date
SUMMARY: The Board of Environmental Protection may at its discretion conduct enforcement hearings. These rules provide for a presiding officer and his powers, general conduct of the hearing, notice, commencement of proceedings, response to notice, evidence, offer of proof, record, Board actions, consent agreements and other necessary functions for equitable enforcement proceedings. They clearly state the rights, obligation and responsibilities of both the alleged violator and the Department. These rules are intended to secure the just, speedy and inexpensive determination of enforcement action.
BASIS STATEMENT
The Department of Environmental Protection may conduct an enforcement hearing on any alleged violation. These rules provide for the equitable conduct of hearing as well as the basis for communication between the alleged violator and the Staff of the Department. In addition to protect the rights of the alleged violator and provide alternative means of setting enforcement actions.
AUTHORITY: 38 M.R.S.A., Section343
