Sec. 105. 26 MRSA §1029, sub-§2, as amended by PL 1989, c. 443, §74, is further amended to read:

2. Complaints. The university, any university employee, any university employee organization, the academy, any academy employee, any academy employee organization, the technical community colleges, any technical community college employee, any technical community college employee organization, or any bargaining agent which that believes that any person, the university, any university employee, any university employee organization, the academy, any academy employee, any academy employee organization, the technical community colleges, any technical community college employee, any technical community college employee organization or any bargaining agent has engaged in or is engaging in any such prohibited practice may file a complaint with the executive director of the board stating the charges in that regard. No such complaint shall may be filed with the executive director until the complaining party shall have has served a copy thereof upon the party named in the complaint. Upon receipt of such complaint, the executive director or a designee shall review the charge to determine whether the facts as alleged may constitute a prohibited act. If it is determined that the facts do not, as a matter of law, constitute a violation, the charge shall must be dismissed by the executive director, subject to review by the board. If a formal hearing is deemed considered necessary by the executive director or by the board, the executive director shall serve upon the parties to the complaint a notice of the prehearing conference and of the hearing for the prehearing conference or the hearing, as appropriate, provided that no hearing shall be is held based upon any alleged prohibited practice occurring more than 6 months prior to the filing of the complaint with the executive director. The party complained of shall have has the right to file a written answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed for the hearing. In the discretion of the board, any other person or organization may be allowed to intervene in that proceeding and to present testimony. Nothing in this subsection may restrict the right of the board to