Code of Maine Rules
90 - INDEPENDENT AGENCIES
564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD
Chapter 3 - APPEALS PROCEDURE
Section 564-3-9 - Decision

Universal Citation: 90 ME Code Rules ยง 564-3-9

Current through 2024-13, March 27, 2024

A. Voting: A quorum consisting of a majority of the members currently serving on the Appeals Panel shall be necessary for action by the Panel. A tie vote constitutes denial of the appeal unless a majority of the Appeals Panel members subsequently vote at that meeting for another action on the appeal or to table the appeal until another meeting. In the case of a tie vote, the findings and reasoning of the Appeals Panel members voting to deny the appeal constitute the findings and reasoning for denial of the appeal.

B. Participation by Panel Members: No member of the Appeals Panel may participate in review of an appeal if the member has a direct or indirect pecuniary interest in the outcome of the appeal, or if the member represents, or is member of a firm or association which represents, the interest of any of the parties before the Panel in the appeal under consideration. Where a Panel member does not voluntarily abstain in such situations, the remaining members of the Appeals Panel may determine, by majority vote, whether abstention is required.

C. Action of the Panel: After consideration of the appeal, the Appeals Panel may take the following action by majority vote:

1) Grant the appeal in whole or in part;

2) Deny the appeal in whole or in part;

3) Remand the appeal back to the Commissioner or State Fire Marshal; or

4) Continue the appeal to a later date.

D. Effective Date of Decision: The decision of the Appeals Panel is not final until the Chair or the Chair's designee signs the written decision.

E. Judicial Review: Decisions of the Appeals Panel are subject to judicial review pursuant to Title 5, Chapter 375, subchapter VII.

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.