02-031 C.M.R. ch. 350, § 13 - Hearings: general provisions

A. When Held. Hearings will be held whenever required by statute, when requested in accordance with 24-A M.R.S.A. Section229, and otherwise as the Superintendent may determine in specific cases.

B. Fairness. Hearings shall be conducted in an impartial manner.

C. Rights of the Parties. Unless limited by stipulation or order in accordance with this chapter, or unless limited by the Superintendent to prevent repetition or unreasonable delay in proceedings, every party shall have the right to present evidence and argument on all relevant issues, and at any hearing to call and examine witnesses and to make oral cross-examination of any person present and testifying.

D. Bureau Participation. Hearings will be held before the Superintendent or such presiding officer as he may designate. The Bureau staff may appear at any hearing and shall have all rights of participation in any proceeding as the parties have.

E. Sworn Testimony. All witnesses shall swear that their testimony is wholly truthful or shall make a solemn affirmation to that effect in lieu thereof.

F. Presiding Officer.

(1) Authority. The Superintendent may designate a presiding officer for any hearing pursuant to 5 M.R.S.A. Section9062. A presiding officer shall have all powers enumerated in Section 9062(3) and in these rules, and, in addition may exercise such powers of the Superintendent under these rules as he may designate.

(2) Reports.

a. Any proposed findings of fact, or any proposed decision prepared by the presiding officer shall be made only in the form of a written report. A copy of the report shall be provided to each party, and an opportunity shall be provided for response or exceptions to be filed by each party. The presiding officer shall set the time within which exceptions may be filed.

b. The presiding officer may orally recount the evidence and may orally provide the Superintendent with advice in the course of his deliberations, whether or not a report has been prepared. When a report has been prepared and the time for filing has elapsed, the presiding officer may, upon request of the Superintendent, comment upon the proceeding, his report, and the exceptions thereto.

G. Continuances. Changes in the time and place of the first session of a hearing may be requested in writing, reasonably in advance of the time scheduled. The Superintendent or presiding officer may, in his discretion, grant or deny the request. Changes in the schedule of subsequent sessions of a hearing may be announced to the parties on the record during the hearing. It shall be the responsibility of any party not in attendance to inquire whether any such changes have been announced. Motions for continuances shall be made no less than (4) days before the date set for the beginning of a hearing.

Notes

02-031 C.M.R. ch. 350, § 13