Section 351-15-6 - Assessment of Forfeitures under 39-A M.R.S.A. section 324(2)1. Pursuant to 39-A M.R.S.A. §152(7), the Maine Workers' Compensation Board delegates to the Executive Director or the Executive Director's designee the authority to assess forfeitures pursuant to §324(2).2.Procedures for Assessment of ForfeituresA. Any party in interest may file a Petition for Forfeiture with the Abuse Investigation Unit pursuant to 39-A M.R.S.A. §324(2)(A). A copy of the petition must be served by certified mail, return receipt requested, to the other parties named in the petition. A copy of the petition must be served upon the employer, employers' insurer, or group self-insurer.B. No response to a petition filed under subsection A is required. It will be presumed by the Abuse Investigation Unit that all allegations are denied.C. The Abuse Investigation Unit will investigate the allegations contained in the Petition for Forfeiture. As part of its investigation, the Abuse Investigation Unit shall require any and all interested parties to submit written evidence concerning the petition, including but not limited to position papers, depositions, and affidavits. The Abuse Investigation Unit will set forth a schedule for the submission of such evidence by the parties. Absent extraordinary circumstances, no testimonial hearing will be held.D. The moving party's failure to file requested documentation by the date specified by the Abuse Investigation Unit or to request and receive an extension in a timely fashion, shall result in the dismissal of the petition. Failure by the defending party to file requested documentation by the date specified, or to request and receive an extension in a timely fashion, shall result in the allegations submitted in the petition being accepted as true and a forfeiture being assessed based on these accepted facts. Absent extraordinary circumstances, no more than one extension of time will be granted.E. Voluntary dismissal of a Petition for Forfeiture at the moving party's request or by settlement agreement will not preclude the Abuse Investigation Unit from recommending the assessment of a forfeiture payable to the Workers' Compensation Board Administrative Fund pursuant to §324(2)(A)(1).F. Upon completion of its investigation, the Abuse Investigation Unit will provide the Executive Director or the Executive Director's designee with a recommended disposition of the case, which may include a suggested forfeiture amount. The Executive Director or the Executive Director's designee will review the recommendation as well as the parties' contentions and will issue an order either granting, denying or dismissing the petition.G. Orders assessing forfeitures will be based upon the results of the investigation and the written submissions of the parties. For purposes of determining whether a forfeiture will be assessed, circumstances beyond a party's control normally will not include turnovers in staff or problems with data processing systems which are of a short duration. In determining the amount of an assessed forfeiture, consideration will be given to prior forfeiture orders issued against the same party for similar offenses.H. If a petition is granted, the employer or insurance carrier shall pay reasonable costs and attorney's fees related to the fine as determined by the Executive Director or the Executive Director's designee.90- 351 C.M.R. ch. 15, § 6