06-096 C.M.R. ch. 4, § 7 - Presiding Officer

A. Designation. The Presiding Officer is the Board Chair or a Board member who is designated by the Board Chair.

B. Authority. The Presiding Officer has the authority to:

(1) identify statutes and rules that are applicable to the proceeding;

(2) act upon requests for subpoenas;

(3) rule on the admissibility of evidence;

(4) limit the issues to be heard if the parties and the Presiding Officer agree to such limitation, or if no prejudice to any party will result;

(5) grant or deny petitions for intervention which have not previously been ruled upon by the Board in the event that timing of the hearing allows for intervention;

(6) administer oaths and affirmations;

(7) conduct conferences;

(8) regulate the course of the proceeding, set the time and place for the hearing, and fix the time and manner for filing of exhibits, evidence, briefs, and other written submissions;

(9) rule upon issues of procedure;

(10) certify questions to the Board for its determination; and

(11) vary from any procedure prescribed by this rule or the Maine Administrative Procedure Act to if the parties and the Presiding Officer agree to such variation, or if the variance will achieve greater fairness or economy and no prejudice to any party will result.

C. Appeal of Presiding Officer Rulings. Pre-hearing rulings made pursuant to Section 7(B)(1) through 7(B)(5) are appealable to the full Board. Unless determined necessary by the Presiding Officer, the course of a proceeding is not stayed by an appeal of a Presiding Officer's ruling. An appeal of the Presiding Officer's ruling to the full Board is not a prerequisite to preserve a party's objection for the purpose of judicial appeal.

D. Modification of Deadlines. The Presiding Officer may establish an alternate schedule for the hearing, Board vote, and issuance of a Board decision if both the Commissioner and the person named in the order agree to the modification in writing, and if the modification of the procedural statutory deadlines is necessary to ensure fairness and due process and no prejudice will result to any party.

E. Notice and Participation. In the event the statutory deadlines for a hearing and Board decision are modified and a different schedule set by the Presiding Officer, if time allows the Board may provide notice and opportunity for public participation in accordance with 5 M.R.S. §9054 (Public Participation) and §9051-A (Notice of Environmental Agency Adjudicatory Proceedings).

Notes

06-096 C.M.R. ch. 4, § 7