06-096-531 Me. Code R. § 15

Current through 2024-51, December 18, 2024
Section 096-531-15 - Judicial Review of a Department Decision
A. A person whose certification has been suspended or revoked may seek judicial review of a final Commissioner decision by filing a petition in Superior Court in accordance with 5 M.R.S. §11001, et seq. and M.R. Civ. P. 80C, except where otherwise provided by law. The filing of an appeal to the Board is not a prerequisite for a judicial appeal.
B. The filing of a petition for review shall not operate as a stay of the final agency action pending judicial review. Application for a stay of an agency decision shall ordinarily be made first to the agency, which may issue a stay upon a showing of irreparable injury to the petitioner, a strong likelihood of success on the merits, and no substantial harm to adverse parties or the general public. A motion for such relief may be made to the Superior Court pursuant to 5 M.R.S. §11004.
C. All final decisions to revoke or suspend a certification by the Commissioner, that are subject to this rule may be appealed to the Board by persons who have standing as aggrieved persons pursuant to the Department's Rule Concerning the Process of Applications and Other Administrative Matters, 06-096 C.M.R. ch. 2.

06-096 C.M.R. ch. 531, § 15