Code of Maine Rules
12 - DEPARTMENT OF LABOR
179 - BOARD OF OCCUPATIONAL SAFETY AND HEALTH
Chapter 1 - PROCEDURAL RULES
Section 179-1-08 - RECORD

Universal Citation: 12 ME Code Rules ยง 179-1-08

Current through 2024-38, September 18, 2024

A. In all adjudicatory proceedings the Board shall make a record consisting of the following:

1. All applications, pleadings, motions, preliminary and interlocutory rulings and orders;

2. Evidence received or considered;

3. A statement of facts officially noticed;

4. Offers of proof, objections and rulings thereon;

5. Proposed findings and exceptions, if any;

6. The recommended decision, opinion or report, if any, by the presiding officer;

7. The decision of the Board; and

8. All staff memoranda submitted to the members of the Board or other presiding officers by Board staff in connection with their consideration of the case, except memoranda of counsel to the Board.

B. The Board shall record all hearings in a form susceptible to transcription. Portions of the record as required and specified in subsection A of this rule may be included in the recording. The Board shall transcribe the recording when necessary for the prosecution of an appeal.

C. The Board shall make a copy of the record, including recordings made pursuant to subsection B of this rule, available at the offices of the Bureau of Labor, for inspection by any person during normal business hours; and make copies of the record, copies of recordings or transcriptions or recordings available to any person at actual cost. Notwithstanding the provisions of this subsection, the Board shall withhold, obliterate or otherwise prevent the dissemination of any portions of the record which are made confidential by State or federal statute, but shall do so in the least restrictive manner feasible.

D. All material, including record, reports and documents in possession of the Board, of which it desires to avail itself as evidence in making a decision, shall be offered and made part of the record and no other factual information or evidence shall be considered in rendering a decision.

E. Documentary evidence may be incorporated in the record by reference when materials so incorporated are made available for examination by the parties before being received in evidence.

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