Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS
Section 096-40-4 - Commencement of Proceedings

Universal Citation: 06 ME Code Rules ยง 096-40-4

Current through 2024-38, September 18, 2024

A. Commencement of Proceedings. A proceeding shall be commenced by serving a notice of violation upon the alleged violator (herein called "Respondent").

B. Notice: Form, Contents. The notice shall set forth in clear and concise language the following:

(1) A specific designation of the statute, regulation, order or license alleged to be violated;

(2) A factual statement sufficient to inform the Respondent with reasonable definiteness of the acts or practices alleged to be in violation of applicable law;

(3) Where practical, a form of order which the Department has reason to believe the Board should issue if the facts are as alleged in the Complaint; and,

(4) The date, time and place of the hearing, which shall not be less than thirty (30) days from the date of service of the notice.

C. Service. Notice under this section shall be served upon the Respondent by registered mail return receipt requested, or by the Sheriff or Deputy Sheriff within the appropriate county. If service under these rules is made by registered mail, the return receipt, properly endorsed and postmarked, shall be prima facie evidence of the completion and date of such service. If service is made by the Sheriff or Deputy Sheriff, Rule 4 of the Maine Rules of Civil Procedure shall apply to the making of such service and proof thereof.

D. Copy of Regulations. A copy of the Department of Environmental Protection Regulations for the Conduct of Enforcement Hearings shall be attached to the notice of violation.

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