Code of Maine Rules
90 - INDEPENDENT AGENCIES
351 - WORKERS' COMPENSATION BOARD
Chapter 12 - FORMAL HEARINGS
Section 351-12-19 - Disposition of Evidence

1. If a decision of an Administrative Law Judge, the Appellate Division, or the Board has not been timely appealed, all evidence submitted by the parties and transcripts of proceedings in the matter may be destroyed by the Board after 60 days from the expiration of the time for appeal set forth in 39-A M.R.S.A. §321-B or § 322. Prior to that time, parties may file a written request for return of evidence or transcripts and either enclose a postage pre-paid envelope or schedule a time to pick up the file materials. Evidence and transcripts in cases that are appealed to the Law Court may be destroyed no earlier than 60 days after the Law Court denies appellate review or issues an opinion. This rule must be executed in accordance with 5 M.R.S.A. §95(9).

2. The Board shall clearly note the anticipated time of file destruction on all decrees, findings of fact and conclusions of law, and Appellate Division decisions issued after the effective date of this rule.

3. The Board shall preserve audio tapes and electronic recordings of hearings for 6 years from the date on which the testimony was presented, except that the Board shall preserve audio tapes and electronic recordings of lump sum settlement conferences for 10 years from the date the lump sum settlement was approved.