| C. Service of a copy of the commissioner's findings and an | order shall must be made by hand delivery by an authorized | representative of the department or by certified mailing | mail, return receipt requested, in accordance with the Maine | Rules of Civil Procedure. |
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| | Sec. 23. 38 MRSA §1304, sub-§12, ¶D, as amended by PL 1987, c. 192, | §26, is further amended to read: |
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| D. The person to whom the order is directed shall comply | immediately or within a specified time period. That person | may apply to the board within 10 working days after receipt | of the order for a hearing on the order. Within 15 working | days after receipt of the application, the board shall hold | a hearing, make findings of fact and continue, revoke or | modify vote on a decision that continues, revokes or | modifies the order. The nature of the hearing before the | board is an appeal. At the hearing, all witnesses shall | 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person appealing to demonstrate, based upon a | preponderance of the evidence, that the order should be | modified or rescinded. The decision of the board may be | appealed to the Superior Court in accordance with the Maine | Administrative Procedure Act, Title 5, chapter 375, | subchapter VII 7. |
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| | Sec. 24. 38 MRSA §1310, 3rd ¶, as repealed and replaced by PL 1979, | c. 699, §16, is amended to read: |
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| | Service of a copy of the commissioner's findings and an order | shall 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. |
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| | Sec. 25. 38 MRSA §1310, 4th ¶, as amended by PL 1987, c. 192, §27, is | further amended to read: |
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| | The person to whom the order is directed shall comply | immediately. An order may not be appealed to the Superior Court, | but a person to whom it is directed may apply to the board for a | hearing on the order if the application is made within 48 hours | 10 working days after receipt of the order by the person to whom | the order was directed. Within 5 15 working days after receipt | of the application, the board shall hold a hearing, make findings | of fact and continue, revoke or modify vote on a decision that | continues, revokes or modifies the order. The nature of the | hearing before the board is an appeal.__At the hearing, all | witnesses must be sworn and the commissioner shall first |
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