LD 1294
pg. 9
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LR 1735
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3.__Penalty.__May levy a civil penalty pursuant to section
1171-B, subsection 3;

 
4.__Award costs.__Shall award costs and attorney's fees
pursuant to section 1173;

 
5.__Interim order.__Shall levy a civil penalty pursuant to
section 1171-B, subsection 3 when a party to a complaint under
this subchapter is found to have recklessly or knowingly failed,
neglected or refused to comply with an interim order issued by
the board; and

 
6.__Procedures.__May appoint persons to be present at the
deposition of out-of-state witnesses, administer oaths, issue
subpoenas to compel the presence of witnesses or documents and
authorize stenographic or recorded transcripts of proceedings.

 
§1188-A.__Prehearing conference

 
Prior to hearing a complaint, but not later than 45 days after
the filing of the complaint, the board shall require the parties
to attend a prehearing conference with the chair to discuss the
possibility of settlement.__If the matter is not resolved through
the conference, the matter must be placed on the board's calendar
for hearing.__Settlement conference discussions remain
confidential and may not be disclosed or used as an admission in
any subsequent hearing.

 
§1189.__Hearings

 
The board shall hold a hearing on the merits of a complaint
within 120 days of the filing of the complaint.__The hearing must
be conducted pursuant to rules established by the board.__A
decision must be issued within 30 days of the completion of the
hearing.__The board shall determine the location of hearings.

 
§1189-A.__Discovery

 
The parties to a hearing conducted pursuant to this subchapter
are permitted to conduct and use the same discovery procedures as
provided in the Maine Rules of Civil Procedure, subject to any
amendments to the rules as the board might adopt to secure that
discovery is expedited.

 
Compliance with discovery procedures authorized by this
section and by rule may be enforced by application to the board
or on the board's own motion.

 
§1189-B.__Appeal


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