LD 1588
pg. 11
Page 10 of 18 An Act To Amend Certain Laws Administered by the Department of Environmental Pr... Page 12 of 18
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LR 379
Item 1

 
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.

 
Sec. 23. 38 MRSA §1304, sub-§12, ¶D, as amended by PL 1987, c. 192,
§26, is further amended to read:

 
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modified or rescinded.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.

 
Sec. 24. 38 MRSA §1310, 3rd ¶, as repealed and replaced by PL 1979,
c. 699, §16, is amended to read:

 
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.

 
Sec. 25. 38 MRSA §1310, 4th ¶, as amended by PL 1987, c. 192, §27, is
further amended to read:

 
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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