Current through 2024-51, December 18, 2024
Section 185-110-15 - Notice of Hearing(A) The Commission shall give notice of the time and place for the hearing which shall be mailed registered or certified mail to all interested parties at least fourteen (14) days before the date of the hearing, or by personal service as required for service of a summons on a complaint in the Superior Court.(B) The Clerk of the Commission or his or her designee may send a property owner a second copy of the notice of the hearing by regular mail. Such a notice may be mailed less than fourteen (14) days prior to the hearing.(C) Any party or interested person may agree to accept a notice of hearing of less than fourteen (14) days.(D) In the event a notice of hearing mailed pursuant to paragraphs (A) or (B) above is returned to the Commission marked "refused", "returned to sender", "unclaimed", "unable to forward", "addressee unknown" or any of the above, the Clerk of the Commission may reschedule the hearing to a later date but is not required to do so. The Clerk of the Commission or his or her designee shall notify the Maine Department of Transportation or other party of any notice of hearing that is refused, returned, unclaimed, or that the Postal Service is unable to forward.(E) The Clerk of the Commission or his or her designee may receive additional information from the Department of Transportation or other party pertaining to the correct or most current address of the property owner. If such information is received from the Department of Transportation or from any other source deemed reliable by the Clerk of the Commission, the Clerk of the Commission or his or her designee shall record the most recent address of the property owner in the records of the State Claims Commission.(F) Upon receipt of a written request from the Maine Department of Transportation or other interested person the Clerk of the State Claims Commission or his or her designee may order service by publication. In making the decision as to whether to utilize service by publication the Clerk of the Commission may take into account factors such as the anticipated expense of any notice of publication, and the likelihood that the published notice will accomplish the goal of giving actual notice to the property owner or other intended recipient of the published notice.18- 185 C.M.R. ch. 110, § 15