Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS
Section 096-40-7 - Consent Order - Procedures

Universal Citation: 06 ME Code Rules ยง 096-40-7

Current through 2024-38, September 18, 2024

A. Request for Disposal of Proceedings by Consent Order - How Made. At any time prior to ten (10) days before a scheduled hearing and subject to the provisions of subsection C (2), a Respondent may file with the Board a statement indicating his desire to dispose of the proceeding by the entry of a consent order. On receipt of such statement the Commissioner shall notify the Board and the Respondent that the hearing has been stayed.

Within thirty (30) days after receiving notice of such stay, an executed agreement conforming to the requirements of this section shall be submitted to the Board.

B. Agreement - Contents. Every agreement shall contain, in addition to an appropriate order, an admission of all jurisdictional facts and express waivers of further procedural steps before the Board, and of the Respondent's right to appeal. The agreement shall also contain provisions that it shall not become part of the official record unless and until it is accepted by the Board. In addition, the agreement may contain a statement that the signing thereof is for settlement purposes only and does not constitute an admission by any party that the law has been violated as alleged in the notice.

C. Disposition of Proposed Agreement by Board. Upon receiving such agreement the Board may:

(1) Accept it and issue the order agreed upon;

(2) Reject it, in which case the Board shall send a notice of rejection and an order that hearing be had at a date, place and time specified, not less than fifteen (15) days from the date of notice of rejection. The Respondent shall then file his answer within the period prescribed by section 40.5 and no other agreement may be presented to the Board; or

(3) Take such other action as it deems appropriate.

If no agreement is received by the Board within the 30-day period prescribed by section 40.7 of this Regulation the Board shall proceed as though such agreement had been presented and rejected.

The provisions of this Regulation shall not preclude settlement of the proceedings in any other manner.

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