C.M.R. 06, 096, ch. 40 - CONDUCT OF ENFORCEMENT HEARINGS

  1. § 096-40-1 - Scope of Regulations
  2. § 096-40-2 - Presiding Officer
  3. § 096-40-3 - General Conduct of Hearing
  4. § 096-40-4 - Commencement of Proceedings
  5. § 096-40-5 - Response to Notice
  6. § 096-40-6 - Evidence
  7. § 096-40-7 - Consent Order - Procedures
  8. § 096-40-8 - Action by Board when not in Session
  9. § 096-40-9 - Record
  10. § 096-40-10 - Orders
  11. § 096-40-11 - Pleadings
  12. § 096-40-12 - Time Extension of Time Within Which to Comply with Orders
  13. § 096-40-13 - Copies of Record
  14. § 096-40-14 - Signing of Pleading
  15. § 096-40-15 - Effective Date

SUMMARY: The Board of Environmental Protection may at its discretion conduct enforcement hearings. These rules provide for a presiding officer and his powers, general conduct of the hearing, notice, commencement of proceedings, response to notice, evidence, offer of proof, record, Board actions, consent agreements and other necessary functions for equitable enforcement proceedings. They clearly state the rights, obligation and responsibilities of both the alleged violator and the Department. These rules are intended to secure the just, speedy and inexpensive determination of enforcement action.

BASIS STATEMENT

The Department of Environmental Protection may conduct an enforcement hearing on any alleged violation. These rules provide for the equitable conduct of hearing as well as the basis for communication between the alleged violator and the Staff of the Department. In addition to protect the rights of the alleged violator and provide alternative means of setting enforcement actions.

Notes

C.M.R. 06, 096, ch. 40
EFFECTIVE DATE: May 15, 1973
Amended February 8, 1978
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 8, 1996

AUTHORITY: 38 M.R.S.A., Section343

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