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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 |
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| 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. |
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| | Sec. 3. 7 MRSA §4203, sub-§2-A is enacted to read: |
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| | 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. |
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| | Sec. 4. 7 MRSA §4209, as amended by PL 1999, c. 530, §6, is further | amended to read: |
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| | 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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