90- 564 C.M.R. ch. 3, § 3

Current through 2024-51, December 18, 2024

Section 564-3-3 - Notice of Appeal

A.Filing of Notice of Appeal: Pursuant to 38 M.R.S. §568-B(2-C), an appeal of the Commissioner's or State Fire Marshal's decision must be filed with the Appeals Panel within 30 days after the applicant receives the decision. A copy of the notice of appeal, and all other information submitted by the appellant, shall be simultaneously delivered to the Commissioner or State Fire Marshal, whichever agency issued the order,. Unless an exception to the filing deadline applies as set forth in sections 3(B) and 3(C) of this rule, a decision of the Commissioner or State Fire Marshal becomes final if no appeal is filed within the 30-day period.

B.Extension of Appeal Period When Request Made Before Appeal Period Expires. If the request for an extension is received by the Appeals Panel before the original appeal deadline expires, for good cause shown, the Chair of the Panel or designee may, in the Chair's or designee's discretion, extend the time for filing an appeal by no more than 30 days from the expiration of the original appeal period. The Chair's or designee's refusal to extend the filing deadline is not appealable to the full Appeals Panel.

C.Extension of Appeal Period When Request Made After Appeal Period Expires. If the request for an extension is received by the Appeals Panel after the original appeal deadline expires, for good cause shown, the Appeals Panel may in its discretion extend the time for filing an appeal by no more than 30 days from the expiration of the original appeal period,.

D.Contents of the Notice of Appeal: The notice of appeal shall include, but not be limited to the following:

1) A copy of the Commissioner's or State Fire Marshal's decision;

2) The specific grounds for the appeal and a brief statement of the appellant's position;

3) The remedy sought; and

4) If any new evidence is to be offered, the information required in section 5(B) below.

E.Motion to Request a Complete Notice of Appeal: If any party believes a notice of appeal does not meet the requirements of section 3(D), within 15 days of receipt of the notice a party may file a motion with the Appeals Panel requesting a complete notice of appeal. The appellant shall file a reply or an amended notice of appeal within 15 days of receipt of the motion. If the issues raised by the motion remain unresolved, the motion will be considered by the Panel at its next regularly scheduled meeting, at which time the Appeals Panel may, by majority vote, dismiss the appeal. The filing dates specified in the remainder of this rule are stayed pending the Panel's determination that a complete notice of appeal has been filed.

90- 564 C.M.R. ch. 3, § 3