01-026 C.M.R. ch. 70, § 9 - Presiding Officer

Current through 2022-14, April 6, 2022

A. Presiding officer. The Board may authorize any agency member, employee or agent to act as presiding officer in any hearing.

B. Substitute officer. Whenever a presiding officer is disqualified or it becomes impracticable for him to continue the hearing, another presiding officer may be assigned to continue with the hearing; provided that, if it is shown that substantial prejudice to any party will thereby result, the substitute officer shall commence the hearing anew.

C. Presiding officer; duties. Presiding officers may:

1. Administer oaths and affirmations;

2. Rule on the admissibility of evidence;

3. Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing of evidence, briefs and other written submissions; and

4. Take other action authorized by statute or agency rule consistent with 5 M.R.S.A., Chapter 375, subchapter IV.

D. Report. In the event that the presiding officer prepares any report or proposed findings for the Board, the report or findings shall be in writing. A copy of the report or findings shall be provided to each party and an opportunity shall be provided for response or exceptions to be filed by each party.

Notes

01-026 C.M.R. ch. 70, § 9