2. Hearings. The commissioner shall give at least 30 days' written notice to the alleged violator of the date, time and place of any hearing held pursuant to subsection 1, paragraph C A, subparagraph (3). The notice shall must specify the act or omission which is claimed to be in violation of law or regulation.

Any hearing conducted under the authority of this subsection shall must be in accordance with the provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV. At the hearing, the alleged violator may appear in person or by attorney and answer the allegations of violation and file a statement of the facts, including the methods, practices and procedures, if any, adopted or used by that person to comply with this chapter and present such evidence as may be pertinent and relevant to the alleged violation.

After hearing, or in the event of a failure of the alleged violator to appear on the date set for a hearing, the commissioner shall, as soon as practicable, make findings of fact based on the record and, if the commissioner finds that a violation exists, shall issue an order aimed at ending the violation. The person to whom an order is directed shall immediately comply with the terms of that order.

Sec. 59. PL 1997, c. 641, §4 is amended to read:

Sec. 4. Use of revenues. Revenues from the extraction of groundwater authorized by this Act must be deposited into the Maine State Parks and Recreational Facilities Development Fund established by the Maine Revised Statutes, Title 12, section 609 or its successor provision, Title 12, section 1825, subsection 1.

Sec. 60. Resolve 1997, c. 117, §1, sub-§6 is amended to read:

6. Report. The commission shall submit a report, together with any necessary implementing legislation, to the First Regular Session of the 120th Legislature by December 15, 2001 2000.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY