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 250-14-5 - Adjudicatory Proceedings

Universal Citation: 29 ME Code Rules ยง 250-14-5

Current through 2024-38, September 18, 2024

1. The board shall notify the parties of the date, time, location and scope of the hearing.

2. In addition to other duties and powers contained in these rules, the Chair has the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the presentation of books, records and other evidence relevant or pertinent to the issues presented to the Board for determination.

3. Subpoenas.

A. The Chair or his designee may issue subpoenas at the request of any party to require the attendance and testimony of witnesses and the production of any evidence relating to any issue of fact in the proceeding.

B. The Board may prescribe the form of subpoena, but it shall adhere, insofar as practicable, to the form used in civil cases before the Maine courts. Witnesses shall be subpoenaed only within the territorial limits and in the same manner as witnesses in civil cases before the Maine courts, unless another territory or manner is provided by law. Witnesses subpoenaed shall be paid the same fees for attendance and travel as set out in the Maine Rules of Civil Procedure. Such fees, as well as the costs of serving the subpoena, shall be paid by the party requesting the subpoena.

C. It is the responsibility of the requesting party to serve the subpoena on the named individual. When a witness is subpoenaed, the witness fee and transportation allowance established by 16 M.R.S.A. §251 must then be provided. If a party subpoenas a witness and then decides not to call that witness, the requesting party must give notice of its intent not to call that witness to the other parties to the proceeding and to the Board or the Chair at least forty-eight hours before the witness was scheduled to appear. A subpoena for documents will ordinarily require the production of the documents at the prehearing conference.

D. Any witness subpoenaed to testify or produce documents may move the Chair to quash or modify a subpoena issued by the Board. The grounds to quash or modify a subpoena shall be those set out in Rule 45 of the Maine Rules of Civil Procedure. The Chair may grant the petition in whole or in part upon a finding that the testimony or the evidence whose production is required does not relate reasonably directly to any matter in question, or based upon a finding that the movant did not have a reasonable time to comply with the subpoena or that the subpoena was otherwise unreasonable or oppressive.

E. Pursuant to Tit. 10 §1188(6), any person served with a subpoena who fails to obey the subpoena without adequate excuse, may be found in contempt. The standards for finding contempt shall be those set out in the Maine Rules of Civil Procedure.

4. Misconduct at a Hearing is subject to the sanctions set forth in the Maine Rules of Civil Procedure and Maine Law.

5. Board Member Withdrawal.

A. 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 that person disqualify himself, that person shall determine the matter as a part of the record.

B. If a Board Member withdraws or it becomes impracticable for him or her to continue to participate in the hearing, the remaining Board members shall continue with the hearing if they constitute a quorum.

6. The Chair and four members of the Board and shall constitute a Quorum. A quorum may take any Board action authorized by the law by a vote of a majority of the members present.

7. In accordance with Maine Law and Rules of Court, the parties may not communicate directly or indirectly with the Chair or any member of the Board, in connection with any issue of fact, law or procedure, except upon notice and opportunity for all parties to participate.

8. Record

A. Generally. In proceedings subject to this chapter, the Board shall make a record consisting of:
1 The complaint, answer, pleadings, motions, and rulings and orders thereon;

2 Evidence received or considered;

3 A statement of facts officially noticed;

4 Offers of proof objections and rulings thereon; and

5 The decision of the Board.

B. Hearings recorded. The Board shall record all hearings in a form susceptible to transcription. The Board may, in its discretion, record the hearing stenographically. The Board shall transcribe the recording when necessary for the prosecution of an appeal. At the request of either the plaintiff or defendant, the record shall be taken by a court reporter. The expense of the court reporter, shall be paid by the requesting party, subject to a final award of costs by the Board.

C. Record, copies. The Board shall make a copy of the record, including recordings made pursuant to subsection 2, available at its principal place of operation for inspection by any person during normal business hours, and shall make copies of the record, copies of recordings or transcriptions of 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 that are made confidential by state or federal statute, but shall do so in the least restrictive manner feasible. After the hearing, confidential information shall be sealed within the record and may not be further disclosed except upon order of the Chair.

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

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

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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