Code of Maine Rules
90 - INDEPENDENT AGENCIES
564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD
Chapter 3 - APPEALS PROCEDURE
Section 564-3-8 - Hearing

A. Date of Hearing: An appeal shall be scheduled for hearing at the next meeting of the Appeals Panel following the filing of a complete record pursuant to section 5(A), unless the appeal is filed less than 30 days before the meeting, the Appeals Panel and the appellant agree to a continuance, or the Panel has been notified that the parties have agreed to use alternative dispute resolution.

B. Continuances: A request by the appellant for a continuance must be received by the Appeals Panel at least 3 days prior to the hearing. Requests received less than 3 days prior to the hearing may be granted only for sudden emergencies or other exceptional circumstances. Requests shall be rule d upon by the Chair of the Panel or designee. If a continuance is granted, the hearing shall be rescheduled for the next meeting of the Panel at which time is available.

C. Witnesses: All witnesses shall be sworn.

D. New Evidence: Directly after the commencement of the hearing, if there has been a request to consider new evidence, the Appeals Panel shall determine, by majority vote, whether to accept such evidence pursuant to section 5(B).

E. Format of the Hearing: Unless a different format is warranted by the circumstances, the hearing shall be structured as follows. After consideration of whether new evidence may be presented as set forth in subsection D, the appellant shall be present and make a statement, either personally or through counsel, explaining the appeal. Witnesses or new evidence shall be presented at this time, if permitted by the Panel. The Commissioner or State Fire Marshal or their designees, the Appeals Panel, staff and counsel may ask questions of the appellant and any witness. At the conclusion of the presentation of the appellant's case, the Commissioner or State Fire Marshal or their designees shall present the Commissioner's or State Fire Marshal's position. The appellant or counsel for the appellant, the Appeals Panel, staff and counsel may ask questions of the Commissioner or State Fire Marshal and any witness. All hearings shall be recorded.