reglab/housing_qa huggingface dataset:
5 ME Rev Stat § 10005 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 5: LICENSING|5 §10005. Decision and record

 §10005. Decision and record Any licensing decision not involving an adjudicatory proceeding, as defined in section 8002, subsection 1, shall be made in writing and shall be made only on the basis of evidence relevant to the case. When the requested license is denied, or only conditionally approved, the decision shall contain or reflect the agency's reasoning, in a manner sufficient to inform the applicant and the public of the basis for the agency's action.   [PL 1985, c. 680, §8 (NEW).]SECTION HISTORY PL 1985, c. 680, §8 (NEW).
5 ME Rev Stat § 10051 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 6: ADMINISTRATIVE COURT|5 §10051. Jurisdiction of District Court; retained powers of agency

 §10051. Jurisdiction of District Court; retained powers of agency 1.  Jurisdiction.  Except as provided in section 10004; Title 8, section 279-B; Title 10, section 8003; Title 20-A, sections 10712 and 10713; Title 29-A; Title 32, chapters 2‑B, 62, 114 and 135; and Title 38, section 342, the District Court has exclusive jurisdiction upon complaint of any agency or, if the licensing agency fails or refuses to act within a reasonable time, upon complaint of the Attorney General to revoke or suspend licenses issued by the agency and has original jurisdiction upon complaint of an agency to determine whether renewal or reissuance of a license of that agency may be refused.   [PL 2021, c. 173, §1 (AMD).] 2.  Complaining agency.  The complaining agency retains every other power granted to it by statute or necessarily implied therein, except the power of revoking or suspending licenses issued by it. Such retained powers include, but are not limited to, the granting or renewing of licenses, the investigating and determining of grounds for the filing of a complaint under this section and the prosecution of such complaints.   [PL 1999, c. 547, Pt. B, §19 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] 3.  Appellate jurisdiction.  The District Court has exclusive jurisdiction to review licensing decisions of the Department of Administrative and Financial Services taken pursuant to Title 28‑A, sections 453-A, 458 and 653. Chapter 375, subchapter 7 governs these proceedings as far as applicable, substituting "District Court" for "Superior Court."   [PL 2013, c. 368, Pt. V, §3 (AMD).] 4.  Violations.   [PL 2003, c. 505, §2 (RP).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §39 (AMD). PL 1979, c. 265, §2 (AMD). PL 1981, c. 698, §13 (AMD). PL 1983, c. 171, §§3,4 (AMD). PL 1983, c. 683, §1 (AMD). PL 1983, c. 818, §1 (AMD). PL 1985, c. 748, §§3,4 (AMD). PL 1987, c. 141, §§B3,B4 (AMD). PL 1989, c. 203, §1 (AMD). PL 1991, c. 377, §4 (AMD). PL 1991, c. 563, §2 (AMD). PL 1991, c. 824, §A5 (AMD). PL 1995, c. 65, §A9 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 140, §1 (AMD). PL 1999, c. 547, §B19 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 229, §2 (AMD). PL 2003, c. 451, §T3 (AMD). PL 2003, c. 505, §§1,2 (AMD). PL 2005, c. 65, §C3 (AMD). PL 2009, c. 112, Pt. B, §3 (AMD). PL 2013, c. 368, Pt. V, §3 (AMD). PL 2021, c. 173, §1 (AMD).
5 ME Rev Stat § 11001 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION|5 §11001. Right to review

 §11001. Right to review 1.  Agency action.  Except where a statute provides for direct review or review of a pro forma judicial decree by the Supreme Judicial Court or where judicial review is specifically precluded or the issues therein limited by statute, any person who is aggrieved by final agency action shall be entitled to judicial review thereof in the Superior Court in the manner provided by this subchapter. Preliminary, procedural, intermediate or other nonfinal agency action shall be independently reviewable only if review of the final agency action would not provide an adequate remedy.   [PL 1979, c. 127, §40 (AMD).] 2.  Failure or refusal of agency to act.  Any person aggrieved by the failure or refusal of an agency to act shall be entitled to judicial review thereof in the Superior Court. The relief available in the Superior Court shall include an order requiring the agency to make a decision within a time certain.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1977, c. 616, §2 (AMD). PL 1977, c. 694, §40 (AMD). PL 1979, c. 127, §40 (AMD).
5 ME Rev Stat § 11002 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION|5 §11002. Commencement of action

 §11002. Commencement of action 1.  Proceedings instituted.  Proceedings for judicial review of final agency action or the failure or refusal of an agency to act shall be instituted by filing a petition for review in the Superior Court for the county where:   A. One or more of the petitioners reside or have their principal place of business;   [PL 1977, c. 551, §3 (NEW).]B. The agency has its principal office; or   [PL 1977, c. 551, §3 (NEW).]C. The activity or property which is the subject of the proceeding is located.   [PL 1977, c. 551, §3 (NEW).]The court may grant a change of venue for good cause shown.   [PL 1977, c. 551, §3 (NEW).] 2.  Petition; contents.  The petition for review shall specify the persons seeking review, the manner in which they are aggrieved and the final agency action or agency inaction which they wish reviewed. It shall also contain a concise statement as to the nature of the action or inaction to be reviewed, the grounds upon which relief is sought and a demand for relief, which may be in the alternative.   [PL 1977, c. 551, §3 (NEW).] 3.  Petition filed.  The petition for review shall be filed within 30 days after receipt of notice if taken by a party to the proceeding of which review is sought. Any other person aggrieved shall have 40 days from the date the decision was rendered to petition for review. If the review sought is from an agency's failure or refusal to act, the petition for review shall be filed within 6 months of the expiration of the time within which the action should reasonably have occurred.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 11003 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION|5 §11003. Service

 §11003. Service 1.  Petition served.  The petition for review shall be served by certified mail, return receipt requested, upon:   A. The agency;   [PL 1977, c. 551, §3 (NEW).]B. All parties to the agency proceeding; and   [PL 1977, c. 551, §3 (NEW).]C. The Attorney General.   [PL 1977, c. 551, §3 (NEW).][PL 1977, c. 551, §3 (NEW).] 2.  Certification.  Upon request, the agency shall certify to the petitioner the names and addresses, as disclosed by its records, of all parties to the proceeding in which the decision sought to be reviewed was made, and service upon parties so certified shall be sufficient.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 11004 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION|5 §11004. Stay

 §11004. Stay The filing of a petition for review shall not operate as a stay of the final agency action pending judicial review. Application for a stay of an agency decision shall ordinarily be made first to the agency, which may issue a stay upon a showing of irreparable injury to the petitioner, a strong likelihood of success on the merits, and no substantial harm to adverse parties or the general public. A motion for such relief may be made to the Superior Court, but the motion shall show that application to the agency for the relief sought is not practicable, or that application has been made to the agency and denied, with the reasons given by it for denial, or that the action of the agency did not afford the relief which the petitioner had requested. In addition, the motion shall show the reasons for the relief requested and the facts relied upon, which facts, if subject to dispute, shall be supported by affidavits. Reasonable notice of the motion shall be given to all parties to the agency proceeding. The court may condition relief under this rule upon the posting of a bond or other appropriate security, except that no bond or security shall be required of the State or any state agency or any official thereof.   [PL 1977, c. 551, §3 (NEW).]SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 11005 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION|5 §11005. Responsive pleading; filing of the record

 §11005. Responsive pleading; filing of the record No responsive pleading need be filed unless required by order of the reviewing court. The agency shall file in the reviewing court within 30 days after the petition for review is filed, or within such shorter or longer time as the court may allow on motion, the original or a certified copy of the complete record of the proceedings under review. In the case of the alleged failure or refusal of an agency to act, the record must include written, electronic or otherwise memorialized communications, directives, orders and other documentation of all decisions by the agency to act, to refuse to act or to delay action. Within 20 days after the petition for review is filed, all parties to the agency proceeding who wish to participate in the review shall file a written appearance that states a position with respect to affirmance, vacation, reversal or modification of the decision under review.   [PL 2019, c. 111, §1 (AMD).]SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 2019, c. 111, §1 (AMD).
5 ME Rev Stat § 11006 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION|5 §11006. Power of court to correct or modify record

 §11006. Power of court to correct or modify record 1.  Review.  Judicial review shall be confined to the record upon which the agency decision was based, except as otherwise provided by this section.   A. In the case of the failure or refusal of an agency to act or of alleged irregularities in procedure before the agency which are not adequately revealed in the record, evidence thereon may be taken and determination made by the reviewing court.   [PL 1977, c. 551, §3 (NEW).]B. The reviewing court may order the taking of additional evidence before the agency if it finds that additional evidence, including evidence concerning alleged unconstitutional takings of property, is necessary to deciding the petition for review; or if application is made to the reviewing court for leave to present additional evidence, and it is shown that the additional evidence is material to the issues presented in the review, and could not have been presented or was erroneously disallowed in proceedings before the agency. After taking the additional evidence, the agency may modify its findings and decisions, and shall file with the court, to become part of the record for review, the additional evidence and any new findings or decision.   [PL 1977, c. 551, §3 (NEW).]C. If a required hearing was not held before the review proceedings were initiated, the reviewing court shall remand to the agency for a hearing in accordance with subchapter IV.   [PL 1977, c. 551, §3 (NEW).]D. In cases where an adjudicatory proceeding prior to final agency action was not required, and where effective judicial review is precluded by the absence of a reviewable administrative record, the court may either remand for such proceedings as are needed to prepare such a record or conduct a hearing de novo.   [PL 1985, c. 680, §9 (RPR).][PL 1985, c. 680, §9 (AMD).] 2.  Corrections to record.  The reviewing court may require or permit subsequent corrections to the record.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1985, c. 680, §9 (AMD).
5 ME Rev Stat § 11007 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION|5 §11007. Manner and scope of review

 §11007. Manner and scope of review 1.  Schedule.  The court, upon request or its own motion, shall set a schedule for the filing of briefs by the parties and for oral argument.   [PL 1977, c. 551, §3 (NEW).] 2.  Review by court.  Except where otherwise provided by statute or constitutional right, review shall be conducted by the court without a jury.   [PL 1977, c. 551, §3 (NEW).] 3.  Judgment.  The court may not substitute its judgment for that of the agency on questions of fact, except that, with respect to a timely appeal by an individual of a denial of a disability determination by a hearing officer pursuant to sections 17106‑A and 17106‑B, the court shall review the matter de novo.   [PL 2021, c. 277, §10 (AMD).] 4.  Decision.  The court may:   A. Affirm the decision of the agency;   [PL 1977, c. 551, §3 (NEW).]B. Remand the case for further proceedings, findings of fact or conclusions of law or direct the agency to hold such proceedings or take such action as the court deems necessary; or   [PL 1977, c. 551, §3 (NEW).]C. Reverse or modify the decision if the administrative findings, inferences, conclusions or decisions are:   (1) In violation of constitutional or statutory provisions;   (2) In excess of the statutory authority of the agency;   (3) Made upon unlawful procedure;   (4) Affected by bias or error of law;   (5) Unsupported by substantial evidence on the whole record; or   (6) Arbitrary or capricious or characterized by abuse of discretion.   [PL 1977, c. 551, §3 (NEW).][PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 2021, c. 277, §10 (AMD).
5 ME Rev Stat § 11008 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION|5 §11008. Appeal to law court

 §11008. Appeal to law court 1.  Appeal.  Any party to the review proceeding in the Superior Court under this subchapter may obtain review by appeal to the Supreme Judicial Court sitting as the law court. The appeal shall be taken as in other civil cases.   [PL 1977, c. 551, §3 (NEW).] 2.  Supreme Judicial Court.  The Supreme Judicial Court shall have the power to make and amend rules of pleading, practice and procedure, for the purposes of securing a simple, speedy and effective judicial review under this subchapter.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 12001 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS|Subchapter 1: COMPENSATION|5 §12001. Purpose

 §12001. Purpose It is the purpose of this chapter to provide the State with a complete inventory and central listing of all boards, commissions, committees, councils, authorities and other similar organizations established by the Legislature as a means of controlling the proliferation of these organizations and as a means of reducing duplication and making the most efficient use of these organizations. It is also the purpose of this chapter to classify these organizations according to similarity of powers, duties and responsibilities in order to provide standards for the compensation and operation of these organizations.   [PL 1983, c. 812, §39 (NEW).]SECTION HISTORY PL 1983, c. 812, §39 (NEW). PL 1989, c. 6 (AMD).
5 ME Rev Stat § 12002-A (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS|Subchapter 1: COMPENSATION|5 §12002-A. Payment of expenses

 §12002-A. Payment of expenses 1.  Activities subject to reimbursement.  Members of boards may be paid for expenses at a rate not to exceed the rate normally paid to state employees for the following:   A. Actual attendance at meetings called by the chairman of the board or a majority of members of the board;   [PL 1985, c. 295, §6 (RPR).]B. Actual attendance at public hearings held by the board necessary to fulfill the duties and responsibilities of the board;   [PL 1985, c. 295, §6 (RPR).]C. Actual attendance at meetings of groups advisory to the board;   [PL 1985, c. 295, §6 (RPR).]D. Actual attendance at a meeting held out-of-state which is necessary to the purpose of the board; or   [PL 1985, c. 295, §6 (RPR).]E. Participation in official business of the board required by law or by rule of the board or a procedure which is necessary to fulfill the statutory responsibilities of the board, but shall not include any of the prohibited activities as defined in section 12002‑B, subsection 2. Members of occupational and professional licensing boards, as defined in section 12004‑A, may receive expenses for meetings relating to the occupations and professions regulated by each board and which meetings are held out of state.   [PL 1989, c. 503, Pt. B, §25 (AMD).][PL 1989, c. 503, Pt. B, §25 (AMD).] 2.  Child care and personal care expenses.  Child care expenses and personal care expenses may be reimbursed only as provided in this subsection.   A. For those board members who hold their positions because state statute, federal statute or federal regulation requires membership of low income people, those members may be reimbursed for reasonable child care expenses incurred while engaged in the official business of the board.   [PL 1985, c. 295, §6 (NEW).]B. For those board members who are selected because they are persons who are developmentally or otherwise disabled or who are the parents or guardians of persons who are disabled, those members may be reimbursed for reasonable child care expenses and personal care expenses incurred while engaged in the official business of the board.   [PL 2021, c. 348, §13 (AMD).][PL 2021, c. 348, §13 (AMD).] SECTION HISTORY PL 1983, c. 812, §39 (NEW). PL 1985, c. 295, §6 (RPR). PL 1989, c. 503, §B25 (AMD). PL 2021, c. 348, §13 (AMD).
5 ME Rev Stat § 12002-C (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS|Subchapter 1: COMPENSATION|5 §12002-C. Per diem and expense vouchers

 §12002-C. Per diem and expense vouchers In order to receive per diem compensation or reimbursement for expenses as authorized by this chapter, a member of a board that is required to submit expense vouchers to the Department of Administrative and Financial Services for reimbursement must complete and sign an expense voucher form to the satisfaction of the Commissioner of Administrative and Financial Services. Every board member shall certify in writing on the voucher form whether the per diem or expenses incurred for each item is an official meeting or hearing activity required by statute that has been called by the chair of the board or by a person authorized by statute to call the meeting or hearing. In the event that the requested per diem or expense reimbursement is not the result of an official meeting or hearing of the board, the board member shall explain on the voucher the reason for the claim. The Commissioner of Administrative and Financial Services may disapprove those expenses or portion of expenses that do not comply with this chapter.   [PL 1991, c. 780, Pt. Y, §101 (AMD).]SECTION HISTORY PL 1985, c. 295, §10 (NEW). PL 1985, c. 785, §A80 (AMD). PL 1991, c. 780, §Y101 (AMD).
5 ME Rev Stat § 12002-D (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS|Subchapter 1: COMPENSATION|5 §12002-D. Expenses of boards excluded by definition

 §12002-D. Expenses of boards excluded by definition Sections 12002-A, 12002-B and 12002-C governing the payment of compensation and reimbursement of expenses to boards subject to this chapter do not apply to boards that are excluded from this chapter, as defined in section 12002, subsection 1, paragraphs A to F. Reimbursement of expenses of boards excluded by the definition in section 12002, subsection 1, shall be governed by this section.   [PL 1985, c. 732, §1 (NEW).]Any boards excluded from the definition of a board subject to this chapter may be reimbursed for expenses, including meals and refreshments provided during the meeting of the board to the extent that the department or agency of State Government with which the board is associated has sufficient money in the budget of the department or agency to reimburse the expenses.   [PL 1985, c. 732, §1 (NEW).]SECTION HISTORY PL 1985, c. 732, §1 (NEW).
5 ME Rev Stat § 12003 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS|Subchapter 1: COMPENSATION|5 §12003. Policy (REPEALED)

 §12003. Policy (REPEALED)SECTION HISTORY PL 1983, c. 812, §39 (NEW). PL 1985, c. 295, §11 (RP).