Code of Maine Rules
12 - DEPARTMENT OF LABOR
179 - BOARD OF OCCUPATIONAL SAFETY AND HEALTH
Chapter 1 - PROCEDURAL RULES
Section 179-1-11 - PRESIDING OFFICERS

Universal Citation: 12 ME Code Rules ยง 179-1-11

Current through 2024-38, September 18, 2024

A. The Board may authorize any Board member to act as presiding officer in any hearing.

B. Whenever a presiding officer is disqualified or it becomes impracticable for him to continue the hearing, another presiding officer may be assigned to continue with the hearing; provided that, if it is shown substantial prejudice to any party will thereby result, the substitute officer shall commence the hearing anew.

C. It shall be the duty of the presiding officer to:

1. Administer oaths and affirmations;

2. Rule on the admissibility of evidence;

3. Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing of evidence, briefs and other written submissions; and

4. Take other action authorized by statute or Board rule.

D. In the event that the presiding officer prepares any report or proposed findings for the Board, the report of findings shall be in writing. A copy of the report or findings shall be provided to each party and an opportunity shall be provided for response or exceptions to be filed by each party.

E. Hearings shall be conducted in an impartial manner. Upon the filing in good faith by a party of a timely charge of bias or of personal or financial interest, direct or indirect, of a presiding officer or Board member in the proceeding requesting that the person disqualify himself, that person shall determine the matter as a part of the record.

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