01-001-10 Me. Code R. § 6
The Nutrient Management Review Board shall hear appeals of decisions made by the Commissioner pursuant to the Right to Farm Law ( 17 M.R.S.A. §2805) or the Manure Handling Law ( 17 M.R.S.A. §2701-B) and may conduct information-gathering meetings for the purpose of facilitating a complaint resolution process under the Right to Farm Law as provided by section 6.3 below.
When the subject matter of an appeal or complaint resolution process under this section is other than manure or nutrient management, the commissioner may, as provided by 7 M.R.S.A. §4203(2-A), appoint up to 3 temporary board members for the purposes of the appeal or information-gathering meetings held for the purpose of facilitating the complaint resolution process under the Right to Farm Law. At least one temporary member must have expertise in the subject matter of the complaint and one temporary member must represent the agricultural sector involved. The terms for temporary members expire when the Nutrient Management Review Board determines that it has taken final action on the appeal or complaint resolution process.
The Board may hold information gathering meetings in order to facilitate a resolution of a complaint when the responsible party and the Commissioner agree to request facilitation assistance from the Board. The Board shall advise the responsible party in writing that agreement to request Board facilitation shall constitute a waiver by the responsible party to an appeal to the board.
Board facilitation may occur only after the Department has completed its complaint investigation.
Board facilitation shall be for the purpose of assisting the parties with working through an impasse, or resolving a few distinct issues that are otherwise preventing the parties from implementing the recommendations of the Department.
During an information gathering meeting held for the purpose of facilitating the resolution of a complaint the Board shall review the facts of the case, the findings of the Department, and the positions or arguments of both parties and shall attempt to facilitate a resolution of the matter or of distinct issues concerning the matter. The board may make recommendations for further investigation, study, involvement of experts or other actions that it determines may help to resolve the matter or any underlying issues. The board may also advise either party, in confidence and apart from the other party, of its assessment of that party's position. The Board shall not render an opinion or ruling in the matter.
The participation by the Board in an information gathering process held for the purpose of facilitation of the resolution of a complaint shall disqualify the Board from hearing an appeal in the same matter.
The notice of appeal must be in writing and must be received by the Board no later than thirty (30) days after receipt from the Commissioner of notice of the decision being appealed. The notice of appeal must contain:
After receipt of a valid notice of appeal, as outlined in paragraph 4(A)(1) above, the Board shall hold a public hearing to consider any information presented by an aggrieved party related to a decision by the Commissioner that is the subject of the appeal.
The Nutrient Management Review Board shall make a determination on the appeal and issue a written decision as expeditiously as possible. In making its decision, the Board may request such additional information as it deems necessary for the determination of the issue(s), and may affirm, amend or reverse a decision made by the commissioner. The Board's decision shall be a final agency action.
01-001 C.M.R. ch. 10, § 6