reglab/housing_qa huggingface dataset:
5 ME Rev Stat § 8074 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2-A: RULEMAKING PROCEDURES GOVERNING RULES AUTHORIZED AND ADOPTED AFTER JANUARY 1, 1996|5 §8074. Federally mandated rules (REPEALED)

 §8074. Federally mandated rules (REPEALED)SECTION HISTORY PL 1995, c. 463, §2 (NEW). PL 2019, c. 29, §1 (RP).
5 ME Rev Stat § 9001 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 3: ADVISORY RULINGS|5 §9001. Advisory rulings

 §9001. Advisory rulings 1.  Written request.  Upon written request of any interested person, an agency may make an advisory ruling with respect to the applicability of any statute or rule administered by that agency to him or his property or actual state of facts.   [PL 1977, c. 551, §3 (NEW).] 2.  Rules written.  All advisory rulings shall be in writing.   [PL 1977, c. 551, §3 (NEW).] 3.  Advisory ruling not binding.  An advisory ruling shall not be binding upon an agency, provided that in any subsequent enforcement action initiated by the agency which made the ruling, any person's justifiable reliance upon the ruling shall be considered in mitigation of any penalty sought to be assessed.   [PL 1977, c. 551, §3 (NEW).] 4.  Advisory rulings.  Each agency shall prescribe by rule, in accordance with section 8051, the procedure for the submission, consideration and disposition of requests for advisory rulings. In issuing an advisory ruling, the agency need not comply with the requirements of subchapters II or IV.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 9051 (2021)
2021 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. Scope

 §9051. Scope 1.  Adjudicatory proceeding.  In any adjudicatory proceedings, except those proceedings involving correctional facilities, the Workers' Compensation Board, the Maine Motor Vehicle Franchise Board or the State Parole Board, the procedures of this subchapter apply.   [PL 2005, c. 61, §1 (AMD).] 2.  Hearing.  Unless a hearing is required by statute, the requirements of this subchapter, except the notice provisions of section 9052, subsection 1, shall not apply until a request for a hearing is made under section 9052, subsection 1, paragraph A, or a hearing is set by the agency.   [PL 1977, c. 551, §3 (NEW).] 3.  Filing and service.  The filing of any submission in any adjudicatory proceeding or the service of any paper on a party to an adjudicatory proceeding is complete:   A. Upon an agency when the agency receives the submission or the paper by mail, in-hand delivery or any other means specified by the agency; or   [PL 1989, c. 297, §2 (NEW).]B. Upon a party upon mailing of the paper to the party or the party's attorney, upon in-hand delivery to the recipient or by delivery to the recipient's office.   [PL 1989, c. 297, §2 (NEW).][PL 1989, c. 297, §2 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1977, c. 616, §1 (AMD). PL 1977, c. 694, §§35-A (AMD). PL 1979, c. 127, §39 (AMD). PL 1989, c. 297, §2 (AMD). PL 1991, c. 885, §D2 (AMD). PL 2005, c. 61, §1 (AMD).
5 ME Rev Stat § 9052-A (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9052-A. Holding of hearings

 §9052-A. Holding of hearings Whenever an agency, including environmental agencies, holds a hearing pursuant to this subchapter, the agency shall strive to hold a hearing in the area or areas of the State which are significantly affected by the license application or which are concerned about the issue.   [PL 1987, c. 653, §3 (NEW).]SECTION HISTORY PL 1987, c. 653, §3 (NEW).
5 ME Rev Stat § 9053 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9053. Disposition without full hearing

 §9053. Disposition without full hearing Unless otherwise provided by law, agencies may:   [PL 1977, c. 551, §3 (NEW).]1.  Responsibility.  Place on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing, and of his responsibility to request the hearing;   [PL 1977, c. 551, §3 (NEW).] 2.  Stipulation, settlement, consent order.  Make informal disposition of any adjudicatory proceeding by stipulation, agreed settlement or consent order;   [PL 1977, c. 551, §3 (NEW).] 3.  Default.  Make informal disposition of any adjudicatory proceeding by default, provided that notice has been given that failure to take required action may result in default, and further provided that any such default may be set aside by the agency for good cause shown; and   [PL 1977, c. 551, §3 (NEW).] 4.  Issues limited.  Limit the issues to be heard or vary any procedure prescribed by agency rule or this subchapter if the parties and the agency agree to such limitation or variation, or if no prejudice to any party will result.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 9054 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9054. Public participation

 §9054. Public participation 1.  Intervention.  On timely application made pursuant to agency rules, the agency conducting the proceedings shall allow any person showing that he is nor may be, or is a member of a class which is or may be, substantially and directly affected by the proceeding, or any other agency of federal, state or local government, to intervene as a party to the proceeding.   [PL 1977, c. 551, §3 (NEW).] 2.  Intervention; interested person.  The agency may, by order, allow any other interested person to intervene and participate as a full or limited party to the proceeding. This subsection shall not be construed to limit public participation in the proceeding in any other capacity.   [PL 1977, c. 551, §3 (NEW).] 3.  Participation limited or denied.  When participation of any person is limited or denied, the agency shall include in the record an entry to that effect and the reasons therefor.   [PL 1977, c. 551, §3 (NEW).] 4.  Consolidation of presentations.  Where appropriate, the agency may require consolidation of presentations of evidence and argument by members of a class entitled to intervene under subsection 1, or by persons allowed to intervene under subsection 2.   [PL 1977, c. 551, §3 (NEW).] 5.  Participation.  The agency shall allow any of its staff to appear and participate in any adjudicatory proceeding.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 9055 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9055. Ex parte communications; separation of functions

 §9055. Ex parte communications; separation of functions 1.  Communication prohibited.  In any adjudicatory proceeding, no agency members authorized to take final action or presiding officers designated by the agency to make findings of fact and conclusions of law may communicate directly or indirectly in connection with any issue of fact, law or procedure, with any party or other persons legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate.   [PL 1985, c. 506, Pt. A, §5 (AMD).] 2.  Communication permitted.  This section shall not prohibit any agency member or other presiding officer described in subsection 1 from:   A. Communicating in any respect with other members of the agency or other presiding officers; or   [PL 1977, c. 551, §3 (NEW).]B. Having the aid or advice of those members of his own agency staff, counsel or consultants retained by the agency who have not participated and will not participate in the adjudicatory proceeding in an advocate capacity.   [PL 1979, c. 425, §11 (AMD).][PL 1979, c. 425, §11 (AMD).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1979, c. 425, §11 (AMD). PL 1985, c. 506, §A5 (AMD).
5 ME Rev Stat § 9056 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9056. Opportunity to be heard

 §9056. Opportunity to be heard 1.  Opportunity for hearing.  The opportunity for hearing in an adjudicatory proceeding shall be afforded without undue delay.   [PL 1977, c. 551, §3 (NEW).] 2.  Rights.  Unless limited by stipulation under section 9053, subsection 4, or by agency order pursuant to section 9054, subsections 2 or 4, or unless otherwise limited by the agency to prevent repetition or unreasonable delay in proceedings, every party shall have the right to present evidence and arguments on all issues, and at any hearing to call and examine witnesses and to make oral cross-examination of any person present and testifying.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 9058 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9058. Official notice

 §9058. Official notice 1.  Official notice.  Agencies may take official notice of any facts of which judicial notice could be taken, and in addition may take official notice of general, technical or scientific matters within their specialized knowledge and of statutes, regulations and nonconfidential agency records. Parties shall be notified of the material so noticed, and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed.   [PL 1977, c. 551, §3 (NEW).] 2.  Facts.  Facts officially noticed shall be included and indicated as such in the record.   [PL 1977, c. 551, §3 (NEW).] 3.  Evaluation of evidence.  Notwithstanding the foregoing, agencies may utilize their experience, technical competence and specialized knowledge in the evaluation of the evidence presented to them.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 9059 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9059. Record

 §9059. Record 1.  Record.  In an adjudicatory proceeding, the agency shall make a record consisting of:   A. All applications, pleadings, motions, preliminary and interlocutory rulings and orders;   [PL 1977, c. 551, §3 (NEW).]B. Evidence received or considered;   [PL 1977, c. 551, §3 (NEW).]C. A statement of facts officially noticed;   [PL 1977, c. 551, §3 (NEW).]D. Offers of proof, objections and rulings thereon;   [PL 1977, c. 551, §3 (NEW).]E. Proposed findings and exceptions, if any;   [PL 1977, c. 551, §3 (NEW).]F. The recommended decision, opinion or report, if any, by the presiding officer;   [PL 1977, c. 551, §3 (NEW).]G. The decision of the agency; and   [PL 1977, c. 551, §3 (NEW).]H. All staff memoranda submitted to the members of the agency or other presiding officers by agency staff in connection with their consideration of the case, except memoranda of counsel to the agency.   [PL 1977, c. 551, §3 (NEW).][PL 1977, c. 551, §3 (NEW).] 2.  Hearings recorded.  The agency shall record all hearings in a form susceptible to transcription. Portions of the record as required and specified in subsection 1 may be included in the recording. The agency shall transcribe the recording when necessary for the prosecution of an appeal.   [PL 1977, c. 551, §3 (NEW).] 3.  Record; copies.  The agency shall make a copy of the record, including recordings made pursuant to subsection 2, available at its principal place of operation, for inspection by any person during normal business hours; and shall make copies of the record, copies of recordings or transcriptions of recordings available to any person at actual cost. Notwithstanding the provisions of this subsection, the agency shall withhold, obliterate or otherwise prevent the dissemination of any portions of the record which are made confidential by state or federal statute, but shall do so in the least restrictive manner feasible.   [PL 1977, c. 551, §3 (NEW).] 4.  Decision on the record.  All material, including records, reports and documents in the possession of the agency, of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the record and no other factual information or evidence shall be considered in rendering a decision.   [PL 1977, c. 551, §3 (NEW).] 5.  Documentary evidence.  Documentary evidence may be incorporated in the record by reference when the materials so incorporated are made available for examination by the parties before being received in evidence.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 9060 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9060. Subpoenas and discovery

 §9060. Subpoenas and discovery 1.  Proceedings.  In any adjudicatory proceeding for which the agency, by independent statute, has authority to issue subpoenas, any party shall be entitled as of right to their issuance in the name of the agency to require the attendance and testimony of witnesses and the production of any evidence relating to any issue of fact in the proceeding.   In any proceeding in which the conducting agency lacks independent authority to issue subpoenas, any party may request the issuance of a subpoena by the agency, and the agency is hereby authorized to issue the same if it first obtains the approval of the Attorney General or of any deputy attorney general. Such approval shall be given when the testimony or evidence sought is relevant to any issue of fact in the proceeding.   When properly authorized, subpoenas may be issued by the agency or by any person designated by the agency for that purpose, in accordance with the following provisions:   A. The agency may prescribe the form of subpoena, but it shall adhere, insofar as practicable, to the form used in civil cases before the courts. Witnesses shall be subpoenaed only within the territorial limits and in the same manner as witnesses in civil cases before the courts, unless another territory or manner is provided by law. Witnesses subpoenaed shall be paid the same fees for attendance and travel as in civil cases before the courts. Such fees shall be paid by the party requesting the subpoena.   [PL 1977, c. 551, §3 (NEW).]B. Any subpoena issued shall show on its face the name and address of the party at whose request it was issued.   [PL 1977, c. 551, §3 (NEW).]C. Any witness subpoenaed may petition the agency to vacate or modify a subpoena issued in its name. The agency shall give prompt notice to the party who requested issuance of the subpoena. After such investigation as the agency considers appropriate, it may grant the petition in whole or in part upon a finding that the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when the evidence is requested.   [PL 1977, c. 551, §3 (NEW).]D. Failure to comply with a subpoena lawfully issued in the name of the agency and not revoked or modified by the agency as provided in this section shall be punishable as for contempt of court.   [PL 1977, c. 694, §36 (AMD).][PL 1977, c. 694, §36 (AMD).] 2.  Adoption of rules.  Each agency having power to conduct adjudicatory proceedings may adopt rules providing for discovery to the extent and in the manner appropriate to its proceeding.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §36 (AMD).
5 ME Rev Stat § 9061 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9061. Decisions

 §9061. Decisions Every agency decision made at the conclusion of an adjudicatory proceeding shall be in writing or stated in the record, and shall include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision. A copy of the decision shall be delivered or promptly mailed to each party to the proceeding or his representative of record. Written notice of the party's rights to review or appeal of the decision within the agency or review of the decision by the courts, as the case may be, and of the action required and the time within which such action must be taken in order to exercise the right of review or appeal, shall be given to each party with the decision.   [PL 1977, c. 551, §3 (NEW).]The agency shall maintain a record of the vote of each member of the agency with respect to the agency decision.   [PL 1977, c. 551, §3 (NEW).]SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 9062 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9062. Presiding officers

 §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).
5 ME Rev Stat § 9063 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9063. Bias of presiding officer or agency member

 §9063. Bias of presiding officer or agency member 1.  Hearings; impartial.  Hearings shall be conducted in an impartial manner. Upon the filing in good faith by a party of a timely charge of bias or of personal or financial interest, direct or indirect, of a presiding officer or agency member in the proceeding requesting that that person disqualify himself, that person shall determine the matter as a part of the record.   [PL 1977, c. 551, §3 (NEW).] 2.  Counsel.  Notwithstanding section 9055, the person involved may consult with private counsel concerning the charge.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 9064 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 4: ADJUDICATORY PROCEEDINGS|5 §9064. Enforcement

 §9064. Enforcement The agency shall be entitled to enforce its order in the courts by way of injunction or other appropriate legal remedy.   [PL 1977, c. 551, §3 (NEW).]SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 10001 (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 §10001. Adjudicatory proceedings

 §10001. Adjudicatory proceedings When licensing is required as a matter of constitutional right or by statute to be preceded by notice and opportunity for hearing, the provisions of subchapter IV concerning adjudicatory proceedings shall apply.   [PL 1977, c. 551, §3 (NEW).]SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 10002 (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 §10002. Expiration

 §10002. Expiration Except as otherwise provided in this subchapter, when a licensee has made timely and sufficient application for renewal of a license, the existing license shall not expire until the application has been finally determined by the agency.   [PL 1977, c. 551, §3 (NEW).]SECTION HISTORY PL 1977, c. 551, §3 (NEW).
5 ME Rev Stat § 10003 (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 §10003. Right to Hearing

 §10003. Right to Hearing 1.  Opportunity for hearing.  Subject to the provisions of section 10004, an agency may not amend or modify any license unless it has afforded the licensee an opportunity for hearing in conformity with subchapter IV, nor may it refuse to renew any license unless it has afforded the licensee either an opportunity for an agency hearing in conformity with subchapter IV or an opportunity for a hearing in the District Court. In any such proceeding determined by the agency to involve a substantial public interest, an opportunity for public comment and participation must also be given by public notice in conformity with subchapter IV.   [PL 1999, c. 547, Pt. B, §17 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] 2.  Proceeding.  In any proceeding involving a proposed modification or amendment of a license which was the subject of an earlier hearing, the agency shall give notice thereof to all parties to the earlier proceeding and in any other manner required by section 9052, and may reopen the earlier proceeding for consideration of the proposed amendment or modification.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §37 (AMD). PL 1999, c. 547, §B17 (AMD). PL 1999, c. 547, §B80 (AFF).