Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Corporations, Elections and Commissions
Chapter 510 - ADMINISTRATIVE COMPLAINT PROCEDURE FOR TITLE III OF THE HELP AMERICA VOTE ACT OF 2002 (HAVA)
Section 250-510-6 - Determinations of complaints
Universal Citation: 29 ME Code Rules ยง 250-510-6
Current through 2024-38, September 18, 2024
1. Determinations without hearing. If no hearing has been requested by the complainant, then the Secretary of State or his/her designee may make a determination based on the written submissions of the complainant and respondent and any other relevant information obtained by the Secretary of State's office.
A.
Withdrawal of
request for a hearing. The complainant may withdraw his/her initial
request for a hearing at any time or agree to resolve the complaint through an
informal conference or based on written submissions.
B.
Notice and comment prior to final
determination. Prior to issuing a final determination of a complaint
without hearing, the Secretary of State or his/her designee shall give notice
to the complainant and respondent and offer them an opportunity to comment on
the proposed determination within 5 business days.
2. Determinations after hearing. The Secretary of State or the designee who conducted the hearing shall issue a final, written determination of the complaint.
3. Requirements for all determinations.
A.
Deadline for
final determination. The final, written determination must be madeno
later than 90 days after the complaint was accepted for filing, unless the
complainant consents to a longer period of time.
B.
Scope of the determination.
The final determination shall include findings of fact regarding the alleged
violations, based on a preponderance of the evidence standard, and shall
specify an appropriate remedy if a Title III violation is found. If no
violation is found, then the final determination shall dismiss the
complaint.
C.
Copies of
determination. TheSecretary of State's office shall provide copies of
the final determination to the complainant and respondent.
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