Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Motor Vehicles
Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS
Section 250-2-10 - Conduct of hearings

Universal Citation: 29 ME Code Rules ยง 250-2-10

Current through 2024-38, September 18, 2024

1. Hearings shall be scheduled by the Secretary of State without undue delay.

2. The Hearing Examiner shall have full and exclusive control of the conduct of the hearing. In cases of disorder or refusal to comply with the rules of the hearing or orders of the Hearing Examiner, the Hearing Examiner shall use reasonable means to control the hearing. Parties, representatives, and witnesses shall not engage in bitter exchanges, vulgarities, or abuse or make offensive or insulting comments. When such conduct occurs, the Hearing Examiner shall admonish the offender, reminding the person that such behavior does not contribute to a fair hearing and impedes the orderly disposition of a case. If the offense is repeated and further admonition appears fruitless, the Hearing Examiner shall exclude a disorderly person from the hearing. If a disorderly person's offensive conduct is so flagrant that it prevents the completion of the case, the disorderly person shall be removed from the hearing room and the hearing will proceed without the attendance of the disorderly person.

3. All witnesses shall be sworn.

4. Persons may be represented by counsel or other representatives in a hearing before the Secretary of State.

5. Continuances. A hearing may be continued to a later time at the request of a party or a material witness or upon the Secretary of State's or a Hearing Examiner's own initiative as justice may require. Continuances may be granted only for good cause and are discretionary with the Secretary of State. Requests for continuances must be made at least twenty-four hours prior to the scheduled hearing. Emergency requests for continuances may be entertained at any time and are discretionary with the Secretary of State. A continuance may be granted on the condition that a party waives any applicable timelimits. All parties and witnesses must be informed of continuances or denials of requests for continuances in a timely manner.

A. Grounds for granting continuances. The grounds for granting a continuance include but are not limited to the following:
1 to accommodate the appearance of a witness;

2 to implement a party's rights regarding choice of representation at hearing;

3 to assure that a party has adequate opportunity for preparation and presentation of evidence and argument;

4 to assure that a party has adequate opportunity to review, evaluate, and respond to new evidence; or where appropriate, to require that a party review, evaluate and respond to new evidence;

5 to permit a party to reconsider a previous action or decision;

6 to permit or require performance of actions not previously taken; and

7 to secure additional time or to permit or require additional activity by a party as justice may require.

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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