| | | A party appealing an order of the board to the Superior Court | | shall indicate in the appeal whether it is an appeal on issues of | | law or on factual matters. |
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| | | 1.__Appeal as matter of law.__An order or decision may be | | appealed solely on the basis that the board made an error of law.__ | | An order or decision appealed may not be set aside or vacated | | except for an error of law.__Additional evidence may not be heard | | or taken by the Superior Court on an appeal made under this | | section. |
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| | | 2.__Appeal involving factual matters.__A party to a decision | | by the board may appeal to the Superior Court for a hearing on | | the merits of the dispute.__In any such hearing before the | | Superior Court, all findings of fact of the board are presumed to | | be correct unless rebutted by clear and convincing evidence. |
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| | | A copy of the decision, certified as true and accurate by the | | chair must be admitted into evidence in any appeal hearing.__ | | There is a right to trial by jury in any action brought in | | Superior Court under this section.__An appeal for hearing is | | subject to the provisions of section 1173. |
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| | | §1190.__Statute of limitations |
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| | | If a complaint is filed with the board by a person otherwise | | entitled to bring a complaint in the courts of the State, then | | the applicable statute of limitations is tolled and a civil | | action in a court of competent jurisdiction is barred pending the | | outcome of proceedings before the board. |
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| | | §1190-A.__Action filed; court |
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| | | An action, filed in a court of competent jurisdiction, that | | gives rise or could give rise to a claim or defense under this | | chapter must be stayed if, within 60 days after the date of | | filing of the complaint, or service of process, whichever date is | | later, a party to the action files a complaint with the board | | asserting the claims or defenses under this chapter. |
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| | | Sec. 13. Position created. An attorney position is created within the | | Department of the Secretary of State, Bureau of Motor Vehicles. | | The incumbent in that position serves as the full-time chair of | | the Maine Motor Vehicle Franchise Board, as provided by the Maine | | Revised Statutes, Title 10, section 1187. This position is | | funded entirely from the Maine Motor Vehicle Franchise Fund, as | | provided in Title 10, section 1187-A. |
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| | | Sec. 14. Appropriations and allocations. The following appropriations | | and allocations are made. |
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