02-032-540 Me. Code R. § 17

Current through 2024-51, December 18, 2024

Section 032-540-17 - Conduct of Hearing

1. Presentation. The Administrator or presiding officer shall determine the order in which the parties shall present their case and evidence. Unless otherwise ordered, the presentation will be agency staff followed by the respondent(s), followed by any intervenors, followed by the agency staff's rebuttal witnesses, if any.

2. Openings and closings. Opening and closing statements may be made, either orally or in writing, at the discretion of the Administrator or presiding officer.

3. Stipulations. With the approval of the Administrator or presiding officer, the parties may stipulate to facts at issue, on the record either orally or in writing, and shall be bound thereby, though the Administrator or presiding officer may still require proof of stipulated facts.

4. Evidence. The Administrator or presiding officer shall take evidence in accordance with the Maine Administrative Procedure Act, 5 M.R.S.A. §9057.

5. Objections. Objections shall be timely made and the basis of each objection shall be stated briefly on the record. The Administrator or presiding officer may rule on the objection at the time it is made or may reserve a ruling until later as appropriate.

6. Close of evidence. Once a party has rested its case, it may introduce no further evidence without the Administrator's or presiding officer's consent.

7. Conduct of Persons Appearing at Hearings

A. All persons appearing at a hearing before the Administrator or presiding officer shall conform to the conduct expected in the Superior Court of the State of Maine.

B. Contemptuous, disorderly, or improper conduct by any person appearing at a hearing shall be grounds for the Administrator or presiding officer to exclude or expel that person from the hearing or to take other appropriate action.

8. Telephone or video hearing. The Administrator or presiding officer in his/her discretion may conduct all or part of a hearing by telephone, video, or other electronic means.

9. Submissions. The Administrator or presiding officer in his/her discretion may order parties to file pre-hearing and post-hearing briefs and proposed findings of fact and conclusions of law.

10. Adjudication on documentary record. The Administrator or presiding officer may elect in his/her discretion not to hold a hearing, or a part thereof, if all parties waive their right to the hearing and agree to submit to adjudication based on the documentary record.

02-032 C.M.R. ch. 540, § 17