Code of Maine Rules
94 - INDEPENDENT AGENCIES
591 - MOTOR CARRIER REVIEW BOARD
Chapter 3 - HEARING PROCEDURES
Section 591-3-5 - Order of Proceedings

1. The purpose of the proceedings shall be limited to whether or not the determination of the Bureau to suspend the carrier's privilege to operate a commercial motor vehicle in the state should be upheld, modified or rescinded.

2. The carrier and the Bureau may make brief opening statements.

3. The Bureau shall first present evidence through witnesses or documentary evidence in support of its decision to suspend the carrier's privilege to operate a commercial motor vehicle. The carrier may then cross examine each witness offered by the Bureau. The Bureau may then conduct re-direct examination limited to matters raised during cross examination. The carrier may then conduct re-cross examination.

4. Upon the completion of the presentation by the Bureau, the carrier may present evidence through witnesses and documentary evidence. There shall then be cross-examination by the Bureau, re-direct examination and re-cross examination.

5. The Board members may ask question of the witnesses at any time.

6. After the close of the evidence the Board shall decide whether it will hear oral closing arguments or offer the parties the opportunity to submit written argument.

7. The Board shall then consider and deliberate the evidence presented. Deliberations shall be conducted in public session.

8. At the close of deliberations, the Board shall issue a decision on what action, if any, shall be taken with regard to the carrier's privilege to operate a commercial motor vehicle in the state. The decision shall be in writing and include findings of fact sufficient to apprise the carrier and the public of the basis for the decision. The decision shall be in the form of a recommendation to the Secretary of State.