Section 250-14-6 - Hearings and Evidence1. Hearings. A. Presentation. Unless otherwise ordered by the Chair, the party filing the complaint shall present its case first, followed by the respondent(s), followed by any intervenors.B. Openings and closings. Opening and closing statements may be made at the Chair's discretion.C. Stipulations. With the approval of the Chair, the parties may stipulate to facts at issue, on the record either orally or in writing, and shall be bound thereby.2. Evidence. The Board shall accept evidence as follows:A. Evidence that is relevant and material to the subject matter of the hearing and is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible.B. Irrelevant, immaterial or unduly repetitious evidence shall be excluded by the Chair.C. Expert evidence must be within the expertise of the witness and requires the laying of an adequate foundation.D. The Board may use its experience, technical competence and specialized knowledge in evaluating the evidence submitted.E. The Board may designate all or part of the record of prior hearings before the Board as evidence to be considered in a particular hearing.F. Cost conclusions. No conclusory statements regarding costs will be considered unless supported by actual cost data based on actual operations of manufacturers and/or dealers as appropriate. Projections or estimates of costs may be presented, but in cases of such projections or estimates the actual costs or other data upon which such projections or estimates are based must be provided.G. If the Chair has granted a motion for protection of confidential information, then during the introduction of such information or testimony on such information, the proceeding will be open only to the Board, parties, parties' representatives, counsel of record, and the witness testifying regarding the information and access to the information is limited to these persons. After the hearing, the confidential information is sealed within the record and may not be further disclosed except upon order of the Board.H. Rules of Privilege. The Board shall observe the rules of privilege recognized by law.I. Amendments to Conform. Upon objection at hearing that evidence presented is not within the issues set out in the pleadings, the Chair shall freely allow the pleadings to be amended when it will aid in the presentation of the merits of the action and the objecting party fails to satisfy the Board that the admission of the evidence would prejudice it in maintaining its action or defense upon the merits. The Board may grant a continuance to enable the objecting party to meet that evidence. Upon the request of a party at the conclusion of the hearing, the complaint or response may be specifically amended to conform to the evidence.J. All documents, materials and objects offered in evidence as exhibits shall be numbered or otherwise identified. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. The Chair may require, after reasonable prior oral or written notice, that any person offering any documentary or photographic evidence provide the Board with a specified number of copies of such documents or photographs, unless such documents or photographs are determined to be of such form, size or character as not to be reasonably susceptible of reproduction.3. Testimony. A. Prefiled testimony shall be in writing and in a question and answer format as if the witness were testifying at the hearing. It shall be double spaced and shall include the number of each line in the lefthand margin, except as otherwise permitted by the Chair. If the testimony is more than three pages long, it shall include a Table of Contents identifying each issue which was the subject of testimony. It must be served on the Board and all parties at least ten days before the hearing, or such other time as the Chair designates. The witnesses whose testimony was prefiled must be physically present at the hearing for cross-examination.B. Testimony by written or videotape deposition: A party may move to present testimony by written or videotape deposition in accordance with the Maine Rules of Civil Procedure.4. Witnesses. A. With the exception of testimony presented by written or videotape deposition, any witness presenting testimony must be physically present at the hearing. Live testimony from a remote location is prohibited.B. All witnesses shall be sworn by oath or affirmation. Interpreters shall be administered an oath or affirmation to translate truthfully and accurately, to the best of their ability, all questions asked and answers given. Once a witness has taken an oath or made an affirmation at any hearing it shall not be necessary for him/her to be sworn again for later testimony on the same day and in the same case. The record of the proceeding shall indicate that a person was recalled to testify and reminded that s/he was still under oath or affirmation. 1 After a witness is sworn, the parties may conduct direct and cross examination, re-direct and re-cross examination. Further examination by the parties is permissible only if the Chair so directs. If the witness submitted pre-filed testimony, further direct testimony is subject to approval by the chair,2 Any Board Member may examine witness at any time during the testimony of that witness.3 The parties may present rebuttal witnesses and conduct surrebuttal as the Chair so directs in the exercise of his/her discretion.4 Limitations. The Chair may limit the number of witnesses and/or the extent of witness testimony.5. Sequestration. A. Upon request by a party, or on its own initiative, the Chair may exclude witnesses other than parties from the hearing room when those witnesses are not testifying.B. A party that is not a natural person may designate an individual as its representative to remain in the hearing room.C. The witnesses, parties, their counsel, and any person under their direction shall not disclose to any sequestered witness the substance of the testimony, exhibits, or other evidence introduced during the witness' absence.6. Objections. A. Objections shall be timely made during the course of the hearing and the basis of each objection shall be stated briefly on the record. The Chair may rule on the objection at the time it is made or may reserve a ruling until later as appropriate.B. Preserving Objections. Objections to rulings admitting or excluding evidence and other rulings or orders of the Chair shall be made and preserved, and may be appealed in accordance with applicable statutes. Exceptions to rulings or orders of the Chair shall not be made. It is sufficient that a party, at the time the ruling or order of the Chair is made or sought, makes known to the Chair the action which the party desires the Chair to take or the party's objection to the action of the Chair and the grounds therefore.7. Offers of Proof. An offer of proof may be made in connection with an objection to a ruling of the Chair excluding or rejecting any testimony or question on cross examination. Such offer of proof shall consist of a statement of the substance of the proffered evidence or what is expected to be shown by the answer of the witness.
8. Close of Evidence. Once a party has rested its case, it may introduce no further evidence without the Chair's consent.
9. Conduct at Hearings. A. All persons appearing at a hearing before the Board 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 Chair to exclude or expel that person from the hearing or to take other appropriate action.10. Adjudication on documentary record. The Chair may not 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.
11. Official Notice. The Board may, at any time, take official notice of relevant laws, official regulations and transcripts of other Board hearings, judicially recognizable facts, general recognized facts of common knowledge to the general public and physical, technical or scientific facts within its specialized knowledge. The Board shall make a record of those facts of which it took official notice.
29- 250 C.M.R. ch. 14, § 6