§9062. Presiding officers
1. Presiding officer. An agency may authorize any agency member, employee or agent to act as presiding officer in any hearing.
[PL 1977, c. 551, §3 (NEW).]
2. 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 substantial prejudice to any party will thereby result, the substitute officer shall commence the hearing anew.
[PL 1977, c. 551, §3 (NEW).]
3. Presiding officer; duties. Subject to rules or limitations imposed by the agency, presiding officers may:
A. Administer oaths and affirmations; [PL 1977, c. 551, §3 (NEW).]
B. Rule on the admissibility of evidence; [PL 1977, c. 551, §3 (NEW).]
C. 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 [PL 1977, c. 551, §3 (NEW).]
D. Take other action authorized by statute or agency rule consistent with this subchapter. [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
4. Report. In the event that the presiding officer prepares any report or proposed findings for the agency, 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.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
Structure Maine Revised Statutes
TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18: ADMINISTRATIVE PROCEDURES
Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT
Subchapter 4: ADJUDICATORY PROCEEDINGS
5 §9051-A. Notice of environmental agency adjudicatory proceedings
5 §9052-A. Holding of hearings
5 §9053. Disposition without full hearing
5 §9055. Ex parte communications; separation of functions
5 §9056. Opportunity to be heard
5 §9060. Subpoenas and discovery