Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS
Section 096-40-3 - General Conduct of Hearing
Universal Citation: 06 ME Code Rules ยง 096-40-3
Current through 2024-38, September 18, 2024
A. Opening Statement
(1) The Presiding Officer
shall open the hearing by describing in general terms the purpose of the
hearing and the general procedure governing its conduct.
(2) The Presiding Officer shall read the
notice of alleged violation.
B. Testimony and Questions
(1) Testimony shall be offered in the
following order:
(a) Direct Testimony;
(i) Department staff and
Consultants,
(ii) Other
Departmental Witnesses,
(iii)
Respondent or Representative, and
(iv) Respondent Witnesses.
(b) Questions. At the conclusion
of the testimony of each witness questioning of witnesses shall be in the
following order:
(i) Board members and their
counsel may be permitted by the presiding officer to ask questions at any
time,
(ii) Department staff and
Consultants, and
(iii) Respondent
or Representative.
C. Witnesses. All witnesses shall be sworn. Witnesses shall be compelled to attend, testify and produce records if subpoenaed by the Board.
D. Continuance. All hearings conducted pursuant to these regulations may be continued for reasonable cause and reconvened from time to time and from place to place by the Presiding Officer as circumstances require.
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