01-672-5 Me. Code R. § 09
The Presiding Officer, or their designee, must open the hearing by describing in general terms the purpose of the hearing and the general procedure governing its conduct.
All testimony at hearings before the Commission must be recorded and may, as necessary, be transcribed.
If the hearing is conducted by a single commissioner or qualified employee or representative, the commissioner, employee, or representative must report the findings of fact and conclusions to the Commission together with a transcript of the hearing and all exhibits. The findings of fact and conclusions become part of the record. The Commission is not bound by the findings or conclusions when acting upon the record, but will take action, issue orders, and make decisions as if it had held and conducted the hearing itself.
Witnesses must be sworn. Witnesses may be compelled to attend, testify and produce records if subpoenaed by the Commission. Witnesses will state for the record their name, place of residence, business or professional affiliation, if any, and whether or not they represent another individual, firm, association, organization, partnership, trust company, corporation, state agency, or other legal entity for the purpose of the hearing.
Persons testifying are not required to be sworn, but must state for the record their name and place of residence. If the person testifying represents another individual, firm, association, organization, partnership, trust company, corporation, state agency or other legal entity for the purpose of the hearing, the person testifying must identify the business or professional affiliation.
At any time prior to or during the course of the hearing, the Presiding Officer may require that all or part of the testimony to be offered at such a hearing be submitted in written form. Any written testimony must be submitted and be in such form and at such time as the Presiding Officer may specify. All persons offering testimony in written form must be available for cross-examination as provided in Section 5.08(A) of these rules. Testimony offered in written form must be available for public inspection. The person submitting the written testimony may be required within a specified time to serve a copy thereof on the applicant or petitioner, on all intervenors and on any other person whom the Presiding Officer deems appropriate.
This rule must not be construed to prevent oral testimony at a scheduled hearing by a member of the public who is not affiliated with a party required to file testimony in writing and who requests and is granted time to testify at a hearing.
All hearings conducted pursuant to these rules may be continued and reconvened from time to time and from place to place by the Presiding Officer as circumstances require. Any hearing may also be convened in multiple hearing sessions, on multiple dates and in multiple locations, in the interest of providing the public with an opportunity to be heard across the Commission's jurisdiction. When the Commission elects to hold multiple public hearings on any matter, either by continuance of a hearing or by holding multiple scheduled hearing sessions, all hearings within a 45-day period are considered one hearing for administrative purposes. All orders for continuance must specify the time and place at which such hearing will be reconvened, or must set forth the manner in which such information may be later publicized by the Commission and obtained by interested persons. The Presiding Officer, or the staff under the direction of the Presiding Officer, must give notice to interested persons and the public in such a manner as is appropriate to ensure that reasonable notice will be given of the time and place of such reconvened hearing.
The placement and use of signage or devices for recording of audio or video at Commission hearings may be regulated by the Presiding Officer in a manner consistent with the provisions of 1 M.R.S. §§401 et seq.
01-672 C.M.R. ch. 5, § 09