LD 1543
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LR 1900
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commissioner regarding a livestock operations permit under
section 4205, a request for a variance under section 4204,
subsection 8 or a certification under section 4210, the board
shall hold a hearing in accordance with Title 5, chapter 375,
subchapter IV 4. The board may affirm, amend or reverse a
permit or certification decision made by the commissioner.
The board's decision is a final agency action.; and

 
C.__When an aggrieved party within 30 days of the
commissioner's decision appeals a decision of the
commissioner regarding site-specific best management
practices prescribed for a farm or other issue governed
under Title 17, section 2701-B or 2805, the board shall hold
a hearing in accordance with Title 5, chapter 375,
subchapter 4.__The board may affirm, amend or reverse a
decision made by the commissioner.__The board's decision is
a final agency action.__The board may also conduct an
information-gathering meeting at the request of the
department or any party with a legitimate interest to
facilitate the complaint resolution process under Title 17,
section 2701-B or 2805.

 
Sec. 3. 7 MRSA §4203, sub-§2-A is enacted to read:

 
2-A.__Temporary membership.__When the subject matter of an
appeal or complaint resolution process under this section is
other than manure or nutrient management, the commissioner may
appoint up to 3 temporary board members for the purpose of
hearing an appeal, conducting an information-gathering meeting or
facilitating the complaint resolution process under Title 17,
section 2805.__At least one temporary member must have expertise
with the subject matter of the complaint or problem and one
temporary member must represent the agricultural sector involved.__
The terms for temporary members expire when the board determines
that it has taken final action on the appeal or complaint
resolution process.

 
Sec. 4. 7 MRSA §4209, as amended by PL 1999, c. 530, §6, is further
amended to read:

 
§4209. Penalties

 
Failure to develop a nutrient management plan in accordance
with section 4204 or to obtain a livestock operations permit in
accordance with section 4205 constitutes a civil violation for
which a forfeiture fine of up to $1,000 plus up to $250 per day
for every day that the violation continues may be adjudged.


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