Sec. 20. 38 MRSA §569-A, sub-§2, as amended by PL 2003, c. 551, §§15 and 16, is further amended by amending the first blocked paragraph to read:

All 3rd-party damage claims for which no determination of award has been made or that have not been referred to a board of arbitration must be processed in accordance with the substantive and procedural provisions of this section.

Sec. 21. 38 MRSA §1296, 2nd and 3rd ¶¶, as enacted by PL 1997, c. 375, §14, are amended to read:

An order issued under this section must contain findings of fact describing, insofar as possible, the site of the activity and the danger to the public health or safety. Service of a copy of the commissioner's findings and an order must be made pursuant to by hand delivery by an authorized representative of the department or by certified mail, return receipt requested, in accordance with the Maine Rules of Civil Procedure.

The person to whom the order is directed shall comply immediately and may apply to the board for a hearing on the order if the application is made within 5 10 working days after receipt of the order by a responsible party. The board shall hold the hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order within 5 15 working days after receipt of the application. The nature of the hearing before the board is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order is directed. The burden of going forward then shifts to the person appealing to demonstrate, based upon a preponderance of the evidence, that the order should be modified or rescinded. Within 7 days after the hearing, the board shall make findings of fact and shall continue, revoke or modify the order. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter VII 7.

Sec. 22. 38 MRSA §1304, sub-§12, ¶C, as enacted by PL 1985, c. 746, §29, is amended to read: