Section 387-1-C-4 - Investigationa.Determination to Investigate. The Commission, through its Complaint Officer, will determine whether the complaint, if accepted as true, is a matter within its jurisdiction and warrants investigation. If the Complaint Officer determines an investigation is not warranted, the Complaint Officer will make a recommendation not to investigate and to dismiss the complaint. Such recommendation must include the reason(s) therefor. The Commission will consider such recommendation and determine whether or not to investigate.b.Initial Investigation. If the Complaint Officer or the Commission determines that an investigation is warranted, the Complaint Officer will conduct an initial investigation sufficient to determine whether there exist reasonable grounds to support a formal hearing. Such investigation shall include an opportunity of the subject pilot(s) to respond to the complaint. During such initial investigation, the Complaint Officer may negotiate, but not execute, consent agreements that effectively address the issues raised in the complaint through such measures as voluntary surrender of a license or endorsements, operational changes, equipment changes, and additional education and training.
c.Complaint Officer's Recommendation. Upon conclusion of the initial investigation, the Complaint Officer will recommend to the full Commission that it: (1) dismiss the complaint because there are no reasonable grounds for the complaint,(2) execute a consent agreement,(3) proceed on the complaint and to schedule a hearing on the matter, or(4) take such other affirmative action as will effectively address the issues raised in the complaint. The Commission will consider such recommendation and determine how to proceed. If the decision is to proceed to hearing, at this time, and not before, a complaint number will be assigned, a hearing will be scheduled, and the matter will be placed on a Commission agenda.
d.Continuing Investigation. At any time before any decision is rendered by the Commission on the complaint, the Commission may conduct such additional investigation as is necessary or convenient to fully evaluate the matter.e.Subpoenas. The Commission may issue subpoenas to compel the attendance and testimony of witnesses and the production of evidence relating to any material issue in accordance with Maine Administrative Procedure Act, 5 M.R.S. §9060.17- 387 C.M.R. ch. 1, § C-4