Code of Maine Rules
90 - INDEPENDENT AGENCIES
351 - WORKERS' COMPENSATION BOARD
Chapter 15 - PENALTIES
Section 351-15-5 - Assessment of Sanctions and Forfeitures under 39-A M.R.S.A. section 313

1. Pursuant to 39-A M.R.S.A. §152(7), the Maine Workers' Compensation Board delegates to the Executive Director or the Executive Director's designee the authority to assess sanctions and forfeitures pursuant to §313.

2. The mediators will refer all recommendations for sanctions and forfeitures under §313 to the Executive Director or the Executive Director's designee. Referrals for sanctions and forfeitures must be in writing, must state the grounds for the referral, including the factual basis on which the referral is made, and must be served upon the party against whom the sanction or forfeiture is sought by certified mail, return receipt requested.

3. The Executive Director or the Executive Director's designee will process all requests for penalties under §313(5) and is empowered to assess a forfeiture of $100 against any employer or representative of the employee, employer, or insurer for failure to be familiar with the claim or have full authority to make decisions regarding the claim. The Assistant Director is also empowered to impose a sanction against any party of up to $100 under §313(4) for failure to attend a scheduled mediation.

4. All other §313(4) sanctions and any other forfeiture or sanction referral not falling within these prescribed categories will be referred for action by the Executive Director or the Executive Director's designee.

5. The Executive Director or the Executive Director's designee is empowered to impose sanctions under §313(4) which include assessment of costs and attorney's fees; reductions in attorney's fees; or suspension of proceedings until the moving party cooperates or produces the requested material. Where the facts warrant it, a hearing will be held prior to imposition of sanctions under §313(4).

6. Sanctions and forfeitures under both §§313(4) and 313(5) will be imposed by written order. The order will specify the factual findings upon which the forfeiture or sanction is based.