Code of Maine Rules
90 - INDEPENDENT AGENCIES
564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD
Chapter 3 - APPEALS PROCEDURE
Section 564-3-10 - Motion for Reconsideration

Universal Citation: 90 ME Code Rules ยง 564-3-10

Current through 2024-38, September 18, 2024

A. Basis for Motion: A motion for reconsideration will not be considered by the Appeals Panel unless it is based upon one or both of the following grounds:

1) New or additional evidence exists that was not considered during the appeal and that could not have been presented to the Panel at the time of the appeal; or

2) The Panel's decision contains an error of law or relies on facts contrary to those in the record.

B. Filing of Motion: A motion for reconsideration must be filed with the Appeals Panel within 30 days of receipt of the written decision of the Appeals Panel. A copy of any motion must be simultaneously delivered to the other parties to the proceeding.

C. Response to the Motion: Any party wishing to respond to a motion for reconsideration shall file its response within 20 days of the date the motion was filed with the Panel. A copy of any response filed must be simultaneously delivered to the other parties to the proceeding.

D. Hearing of the Motion: The parties shall be notified when the Appeals Panel will consider the motion for reconsideration. At the hearing, the Panel may, at its discretion, permit oral arguments by the parties or consider the motion based only upon the written submission. If the Appeals Panel votes to grant the motion to reconsider its decision, the Panel will reconsider the appeal on its merits at the same meeting, unless an evidentiary hearing is required.

E. Decision on the Motion: The decision of the Appeals Panel denying the motion for reconsideration will be reflected in the minutes of the meeting and no separate order will be issued. If the Panel votes to grant the motion, after further hearing if necessary, a new decision will be issued as set forth in section 9.

F. Effect of Filing a Motion: If a motion for reconsideration is filed, the Panel's decision shall not be considered final and the period within which an appeal of the Panel's decision must be filed in Superior Court does not begin to run. If the Panel denies the motion, the appellant has 30 days from receipt of notice of the Panel's decision within which to appeal the decision to Superior Court.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.