18- 674 C.M.R. ch. 100, § 3-302 - Board Deliberations

1. Public proceedings

Only Administrative Meetings of the Board are public proceedings pursuant to 1 M.R.S. §402(2). Appeals Meetings are not public proceedings.

2. Board consideration

The Board will meet to consider an appeal on a timely basis, and will provide the parties with at least 15 days' notice of the date, time and location of the Appeals Meeting. Upon the request of a party, the Appeals Meeting may be rescheduled to a later date or time for good cause shown. Except in extraordinary circumstances, the request must be made in writing and must state whether the request is opposed by the other party. The request may be granted or denied, in whole or in part, by the Chief Appeals Officer after consulting with the Board members. If the Appeals Meeting is rescheduled, the parties will be given at least 10 days' notice of the rescheduled meeting. The Board may also reschedule an Appeals Meeting on its own initiative.

3. Recommended decision and comments

A copy of the recommended decision shall be provided to each Board member, along with the parties' comments and other materials as specified in section 205 of this chapter, in advance of the meeting at which the recommended decision will be considered.

4. Statement by party

A. At least 10 days prior to the date set for the Board's consideration of the appeal, a party may submit a written statement to the Board summarizing the party's position. Such written statements shall be no more than 5 pages in length and shall be in 12 point font on 8.5 by 11 inch paper.

B. At the written request of a party made at least 10 days prior to the date set for the Board's consideration of the appeal, the Board may, in its discretion, allow each party to make an oral statement to the Board as provided in section 303(1)(E) of this chapter.

C. Each party must deliver a copy of its written statement and its request to make an oral statement to the opposing party at the same time it files them with the Board. If the party refers to specific portions of the record in its written statement or, if prior approval for an oral statement is given by the Board and the party intends to refer to specific portions of the record in its oral statement, that party must provide copies of those portions of the record to the Board and the opposing party at the same time it files its written statement or request to make an oral statement. Failure to provide records to the Board as required by this subsection shall be grounds for the Board to exclude any references by the party to those records.

5. Addressing Board via telephone

Upon written request, the Board may allow a party to address the Board via telephone if the Board finds that appearing in person would create an undue hardship for the party based on a consideration of: (1) the distance the party must travel; (2) costs the party would incur; (3) the health of the party; or (4) other factors the Board deems appropriate.

Notes

18- 674 C.M.R. ch. 100, § 3-302