Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Motor Vehicles
Chapter 14 - RULES OF THE MAINE MOTOR VEHICLE FRANCHISE BOARD
Section 250-14-3 - Commencement of Proceeding, Service, Intervention and Form of Submissions

Universal Citation: 29 ME Code Rules ยง 250-14-3

Current through 2024-38, September 18, 2024

1. Commencement of Proceeding.

A. A proceeding under these Rules is started by filing a Complaint for relief under Tit. 10 MRSA §§1187 et seq. A complaint may be amended as a matter of right only within five days of the date of filing. A Complaint shall provide the reason a hearing is requested, the specific section of the Law under which relief is being sought, the facts which form the grounds for the complaint, and the outcome sought.

B. The Chair shall review the complaint to determine whether any information is inadequate or missing and shall return it to the party with an explanation of the deficiencies and notice that the party may make corrections and resubmit the complaint within five days of receipt.

C. Any complaint shall be accompanied by a filing fee of $1,500.00 and confirmation of service upon the defendant.

D. The filing of any papers required or permitted to be filed under this rule is complete when the Board receives the paper by mail, in-hand delivery, or any other means specified by the Chair.

E. Non-compliance. If a party fails to comply with this section, the Chair may refuse to accept or consider the filing.

F. Nothing in this rule shall operate to limit the Board's right to require additional information from the petitioner or any other party.

G. The Board shall schedule a hearing to occur within 120 days of the date the complaint is received by the Board.

H. The respondent(s) must file and serve an answer within fifteen days of receipt of the complaint, as filed or amended under paragraph B. The answer must respond fully to all allegations and plead any and all available affirmative defenses and the factual and legal basis therefore. The answer must present the respondent's position on the issues raised by the complaint. All defenses or defense issues not presented in the answer are waived. The Chair may allow an answer to be amended for good cause shown based on information obtained during discovery that was otherwise unavailable to the respondent.

2. Service and Filing of Pleadings and Other Communications.

A. Service of the complaint and answer shall be by certified mail, return receipt requested or independent delivery service that provides confirmation of receipt.

B. Subject to the provisions of M.R. Civ. P. 26(f), all papers after the complaint required to be served upon a party shall be filed with the Board either before service or within a reasonable time thereafter. Such filing by a party shall constitute a representation by the party, subject to the obligations of M.R. Civ. P. 11, that a copy of the paper has been or will be served upon each of the other parties as required by the Maine Rules of Civil Procedure. No further proof of service is required unless an adverse party raises a question of notice.

C. Where a party is represented by an attorney, service of papers shall be made upon the attorney and if a party is not represented by counsel, service shall be to the person who signed the papers on behalf of the party.

D. Acknowledgement of service. For any paper filed under this rule, the filing party shall file the original with the Board along with a statement that copies have been served on every other party or designated representative and specifying for each:
1 The name and address of the party or attorney and

2 The date and manner of service.

3. Intervention.

A. Timing. Persons who seek to intervene in a proceeding must do so by motion which must be filed and served on all parties no later than fifteen days after the filing of the answer with the Board, unless the Chair orders otherwise for good cause shown.

B. The motion must include the name, address and telephone number of the person seeking to intervene, the manner in which the movant is affected by or interested in the proceeding, and the movant's position on the issues raised by the complaint or answer.

C. The motion must include a short and plain statement of the nature and extent of the participation sought and a statement of the nature of the evidence or argument that the movant intends to submit.

D. The Chair shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties and may limit the scope of an intervener's participation in the proceeding in any reasonable manner in order to avoid delay, duplication of evidence, or to otherwise protect the rights of the original parties and preserve Board resources.

4. Number of Copies of Filings and Other Documents.

Parties shall provide an original and seven copies of every Pleading, transcript and all other filings or papers sent to the Board.

5. Form of Papers and Submissions.

A. All papers and submissions filed in connection with adjudicatory proceedings shall be in the form of a pleading in a civil matter in the courts of Maine. They shall contain the names of the parties, a descriptive name of the filing, and the MVFB Case Number, when available.

B. Form. All papers and submissions filed in connection with adjudicatory proceedings, excluding exhibits, shall be typed or otherwise printed on one side of the page of 8.5 x 11 inch paper. The typed matter must be double spaced in at least 12-point type, except that footnotes and indented quotations may be single spaced and in 11-point type, and margins should be at least one inch on all sides. All pages shall be numbered.

C. Signatures. Every paper filed by a party represented by an attorney shall be signed by hand by at least one attorney of record in the attorney's individual name, whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign the paper and state the party's address and telephone number.

6. Motions.

A. All prehearing motions shall be in the form set forth above.

B. Content. All motions must state concisely the question to be determined and the factual and legal grounds for the desired order or action and be accompanied by an attached or incorporated memorandum of law, any supporting documentation and a draft order.

C. Timing. No motion may be filed fewer than five days before the hearing without a showing of good cause and the prior approval of the Chair. The filing or pendency of a motion does not alter or extend any time limit except that a motion to dismiss must be filed within twenty days of the filing of the answer and a motion for summary judgment must be filed within ten days of the close of discovery.

D. Opposition. Any opposition to any motion except a motion to dismiss or a motion for summary judgment must be filed within seven days after receipt of the motion. Any opposition to a motion to dismiss or a motion for summary judgment must be filed within fifteen days after receipt of the motion. A party failing to file such opposition shall be deemed to have waived all objections to the motion.

E. Length. No brief or motion or opposition to a motion to dismiss or motion for summary judgment shall exceed twenty pages without a showing of good cause and the approval of the Chair. No brief or motion or opposition thereto for any other motion shall exceed ten pages without a showing of good cause and approval of the Chair.

F. Briefs and oral argument. The Chair may in his/her discretion order that additional briefs be filed on any issue and may allow oral argument on any motions

G. The Chair shall rule on all motions in writing.

7. Time.

A. General rule. In computing any period of time that is either prescribed or allowed by this rule, or is ordered by the Chair, the day of the act or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, State holiday, or any other day on which the Board's office is closed, in which event the period runs until the end of the next business day.

B. Modification. When by this rule or by order of the Chair an act is required or allowed to be done at or within a specified time, the Chair for good cause shown may order the period shortened or extended, except as precluded by statute. The Chair may order the period enlarged if such a request is made before the expiration of the period originally prescribed or as extended by a previous order; upon motion made after the expiration of the specified period the Chair may permit the act to be done where the failure to act within the specified time was the result of excusable neglect.

8. Shortening Time Limits or Staying Further Processing.

The Chair may order accelerated action on a claim without regard to the time limits otherwise provided in these rules, or may order a stay of further processing of a claim on such terms as are appropriate.

9. Additional Time After Service by Mail.

Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, three days shall be added to the prescribed period.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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