reglab/statecodes huggingface dataset:
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-18 - Default

Current through 2024-29, July 17, 2024
When the Clerk of the Commission or his or her designee has
				  attempted to notify a property owner of a hearing pursuant to Section
				  15 of these regulations, or when all
				  interested parties have been notified of a hearing, and the property owner does
				  not attend such hearing either in person or by an authorized representative and
				  the property owner fails to obtain a continuance from the Commission prior to
				  the scheduled time of the hearing, the Commission shall grant a judgment of
				  default against the property owner. Such a judgment of default shall be valid
				  once signed by at least one Commissioner, so long as any Commissioner signing
				  the entry of default is present for the call of the docket on the day of the
				  scheduled hearing and that Commissioner has been a witness to the failure of
				  the property owner or someone representing the property owner to appear at the
				  hearing. The docket may be called either by the Clerk of the Commission or by a
				  Commissioner.
(A)
Notice of
				Default Judgment
: The Clerk of the Commission or his or her designee
				shall mail a copy of the default judgment by registered or certified mail to
				the property owner who is the subject of the default decision at the last
				current recorded address of the property owner known to the Commission. If the
				mailed default decision is returned to the Commission marked "refused", "return
				to sender", "unclaimed', "unable to forward", or any of the above, the Clerk of
				the Commission or his or her designee shall notify the Department of
				Transportation or other party that the default judgment has been returned. The
				Clerk of the Commission or his or her designee may receive information from the
				Department of Transportation or from any other reliable source deemed reliable
				by the Clerk pertaining to the most current address of the property owner. The
				Clerk of the Commission or his or her designee shall mail a second copy of the
				default judgment to the property owner by regular mail to the most current
				address known or made available to the Commission.
(B)
Relief From Default
: Upon
				written request and upon a showing of excusable neglect the Clerk of the
				Commission may relieve a property owner or other interested party from the
				default judgment provided that the written request is made within sixty (60)
				days from the date of the default judgment. The date of the default judgment
				may be later than the date of the hearing. A written request under this
				subsection may be submitted to the Commission by letter, by facsimile ("fax"),
				or by e-mail.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-19 - Form

Current through 2024-29, July 17, 2024
Documents constituting pleadings, motions and briefs shall
				  be typewritten or printed, (or otherwise mechanically produced or reproduced)
				  on white paper 8-1/2 x 11 inches in size. The initial sheet shall have across
				  the top thereof the heading of the "State Claims Commission" and underneath
				  thereof the words "Department of Administrative and Financial Services", and it
				  shall set forth that the matter is before the State Claims Commission, it shall
				  show the names of the parties, so far as known, the nature of the document and
				  the Docket Number. Such documents shall be signed by the party, or by the
				  party's attorney, or by the party's representative who has been duly authorized
				  as required by Section
				  2 of these rules. Unless otherwise
				  jointly agreed by the parties and the Commission or by order of the Commission,
				  there shall be filed with the Commission an original and three (3) copies of
				  all such documents. Where the Commission has prescribed forms for the types of
				  such documents, such forms shall be used as provided therein. All such
				  documents filed subsequent to the initial petition of the Department of
				  Transportation or other parties shall bear a statement indicating that a copy
				  thereof has been delivered or mailed to every other party of
				  record.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-20 - Amendments

Current through 2024-29, July 17, 2024
The Commission may, in its discretion and upon such notice
				  to other interested parties as it shall direct, permit the amendment of any
				  document filed with the Commission.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-21 - Briefs

Current through 2024-29, July 17, 2024
Briefs as to facts and law will be received and may be
				  required to be submitted in any proceeding. The day for filing briefs will be
				  designated by special order of the Commission during or upon the conclusion of
				  the hearing. Unless jointly agreed to by the parties and the Commission or by
				  order of the Commission, an original and four (4) copies of each brief shall be
				  filed with the Commission and a copy thereof, shall be delivered to or mailed
				  to each party of record prior to or simultaneously with delivery or mailing to
				  the Commission. Certification of such mailing or delivery shall be filed with
				  the Commission.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-22 - Evidence

Current through 2024-29, July 17, 2024
Any oral or documentary evidence, which is relevant
				  material, and not unduly repetitious or cumulative, may be admissible at any
				  hearing before the Commission. While the Commission is not bound by the rules
				  of procedure, it may apply such rules, or any of them, when, in its judgment,
				  such application is necessary or appropriate to afford the parties a full and
				  fair hearing and to bring about the production of needed and proper evidence
				  speedily and definitely. The Chairperson shall resolve all questions of
				  admissibility.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-23 - Official Notice

Current through 2024-29, July 17, 2024
A party desiring the Commission to take official notice of
				  the Commission's own records shall specify the portions of such records, by
				  page number or other convenient reference, for which it is desired that
				  official notice be taken.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-24 - Incorporation by Reference

Current through 2024-29, July 17, 2024
Documents and records, including the documents and records
				  of the Commission, may, in the discretion of the Commission, be incorporated by
				  reference into the record of a proceeding. Only such specific portions of the
				  documents and records that are designated by page number or other convenient
				  reference shall be so incorporated. The Commission will not ordinarily permit
				  incorporation by reference of the entire record, or transcript of hearing, of a
				  prior proceeding.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-25 - Exhibits

Current through 2024-29, July 17, 2024
(A) Where evidence to be given consists of
				numerous figures, tabulations or technical data, it may be presented in written
				form as a visual aid or any exhibit provided the author is available for
				cross-examination.
(B) Space shall
				be provided in the upper right corner of each sheet of an exhibit for the
				insertion of the Docket Number, the name of the witness through whom it is
				presented, and the number of the exhibit.
(C) The party offering an exhibit shall
				provide four (4) copies to the Commission, unless the Commission otherwise
				directs.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-26 - Stipulation of Facts

Current through 2024-29, July 17, 2024
The parties to any proceeding before the Commission may, by
				  stipulation in writing, filed with the Commission or entered in the record at
				  the hearing, agree upon the facts or any portion thereof, involved in the
				  hearing, which stipulation shall be regarded and used as evidence in the
				  decision of the matter.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-27 - Discontinuance of Proceeding

Current through 2024-29, July 17, 2024
Except for agreements for settlement, a proceeding that has
				  begun before the Commission shall not be discontinued or abandoned without the
				  approval of the Commission nor, except with like approval, will any pleading or
				  document filed with the Commission be withdrawn.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-28 - Certification of Official Acts

Current through 2024-29, July 17, 2024
(A) Each member of
				the Commission, for its official purposes, may administer oaths, certify to
				official acts and issue all process necessary to the performance of the duties
				of the Commission.
(B) The Clerk of
				the Commission shall also have authority to certify to all official acts of the
				Commission, administer oaths, issue subpoenas, and issue all processes,
				notices, orders or other documents necessary to the performance of the duties
				of the Commission.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-29 - Award

Current through 2024-29, July 17, 2024
As promptly as possible after the conclusion of the hearing,
				  the Commission shall make an award in writing specifying the items as contained
				  in Title
				  23 M.R.S.,
				  Section156, as amended, or to make an award
				  in accordance with Title
				  23 M.R.S.,
				  Section246, Subsection
				  1
				  (Relocation Assistance) or Section 652, Subsection
				  1 (Change of Grade), or Subsection
				  2, Paragraph E (Private Water
				  Supplies).
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-30 - Interest on Awards

Current through 2024-29, July 17, 2024
(A) Unless in the
				course of the proceedings the property owner has requested a continuance and
				that request for continuance has been granted, in which case no interest shall
				be paid during the duration of that continuance as required by Section
				17(B) of these
				rules, simple interest from the date of taking until the date of the award
				shall be allowed at the one-year United States Treasury bill rate plus three
				(3) percent.
(B) For purposes of
				this section, "the one-year United States Treasury bill rate" means the average
				one-year constant maturity Treasury yield, as published by the Board of
				Governors of the Federal Reserve System, for the last full week of the calendar
				year immediately prior to the calendar year in which the acquisition or
				"taking" by the condemning authority of the property interest that is the
				subject of the award occurred.
(C)
				If the Board of Governors of the Federal Reserve System ceases to publish the
				weekly average one-year constant maturity Treasury yield or if the rate defined
				in paragraph (B) above is otherwise unavailable, then the rate as established
				by the Maine Supreme Judicial Court pursuant to
				14 M.R.S.
				Section1602-B(3)(B), as
				amended, shall be the rate upon an award under this section is
				calculated.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-31 - Recess and Adjournment

Current through 2024-29, July 17, 2024
The Commission may from time to time, recess, adjourn and
				  continue any hearings as may be necessary in its discretion.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-32 - Waiver of rules

Current through 2024-29, July 17, 2024
The Commission may waive the application of any rule, as
				  justice may require.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-33 - Motions

Current through 2024-29, July 17, 2024
With respect to all motions, including motions for
				  continuances, unless the opposing party requests a hearing upon any motion
				  within ten (10) days after the filing thereof, the party shall be deemed to
				  have waived hearing and the Commission may act thereon.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-34 - Witnesses

Current through 2024-29, July 17, 2024
Witnesses shall be sworn and every such witness shall be
				  subject to oral cross-examination. No sworn written evidence shall be admitted
				  unless the author is available for cross-examination or subject to subpoena,
				  except for good cause shown.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-35 - Subpoenas and Discovery

Current through 2024-29, July 17, 2024
(A) Any party shall
				be entitled to require the attendance and testimony of witnesses through the
				issuance of subpoenas in the name of the Commission. In addition any party
				shall be entitled upon request to the other party to the production of any
				evidence relating to any issue of fact in the proceeding to the extent that
				evidence is not privileged or protected by statute, rule or the United States
				or Maine Constitutions.
(B) The
				Commission may prescribe the form of subpoena, but it shall adhere, insofar as
				practical, 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 bylaw. 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.
(C) Any subpoena issued shall show on its
				face the name and address of the party at whose request it was
				issued.
(D) Any witness subpoenaed
				may petition the Commission to vacate or modify a subpoena issued in the
				Commission's name. The Commission shall give prompt notice to the party who
				requested issuance of the subpoena. After such investigation as the Commission
				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 that it has not been issued a reasonable period
				in advance of the time when the evidence is requested.
(E) Failure to comply with a subpoena
				lawfully issued in the name of the Commission and not revoked or modified by
				the Commission as provided in this section shall be punishable as for contempt
				of Court.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-36 - The Commission's Presiding Officer and His or Her Duties

Current through 2024-29, July 17, 2024
One of the two attorney members of the Commission shall be
				  the Chairperson of the Commission, as required by 22 M.R.S. Section152,
				  paragraph one. The Clerk of the Commission shall assign one of the two attorney
				  members of the Commission to be the presiding officer in any case or proceeding
				  before the Commission. Except where these rules specifically state that the
				  Chairperson of the Commission alone is authorized to make a ruling or decision,
				  the other attorney member of the Commission may act as the Chairperson's
				  designee and may act as the presiding officer of the Commission. The presiding
				  officer may:
(A) Administer oaths and
				affirmations;
(B) Rule on the
				admissibility of evidence;
(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;
(D) Take other action
				authorized by statute or Commission rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-1 - Scope and Applicability of Rules

Current through 2024-29, July 17, 2024
These Rules shall govern the submission of claims before the
				  State Claims Board and which claims shall include, but shall not be limited to,
				  claims for damage or injury caused by patients, inmates, prisoners in the care
				  or custody of the Department of Mental Health and Corrections or of an
				  institution administered by a department, by children in the custody of the
				  Department of Human Services and for damage to sheep done by dogs or wild
				  animals.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-2 - Jurisdiction of Claims

Current through 2024-29, July 17, 2024
A claim may be submitted to the State Claims Board and heard
				  and decided by it if:
A. The claim was
				submitted under the pursuant to Title 5 M.R.S.A., Section1510-A, subsection 1
				to a state agency which refused to hear it;
B. The claim cannot be submitted under a
				specific statutory provision other than Title 5 M.R.S.A., Section1510-A,
				subsection 1 because the claimant, as a result of an action or omission of a
				state agency or state agent, has not complied with time limits contained in
				that specific statutory provisions.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-3 - Appeal from Departmental Decisions

Current through 2024-29, July 17, 2024
A. Any claim
				disapproved in whole or part by a state agency hearing that claim under Title 5
				M.R.S.A., Section1510-A, subsection 1 may be appealed to the state Claims Board
				within Thirty (30) days from disapproval or partial disapproval. The State
				Claims Board shall here de novo any claim so appealed.
B. Any payment resulting from a decision of
				the State Claims Board on claim submitted to it under Title 5 M.R.S.A.,
				Section1510-A, subsection 3 shall be paid by the state agency or agencies found
				responsible by the State Claims Board or, if there is no clearly identifiable
				responsible state agency, the payment shall be paid from the state contingent
				fund.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-4 - Appeal form State Claims Board Decision

Current through 2024-29, July 17, 2024
Any party aggrieved by an award of the State Claims Board may
				  appeal therefrom to the Superior Court within 30 days after the date of the
				  receipt of the notice of the award. The appeal shall be taken by filing a
				  complaint setting forth, as in other civil matter, substantially the facts upon
				  which the case shall be tried. Service shall be made on the opposing party and
				  the State Claims Board by sending a true copy of the complaint by registered or
				  certified mail within the time limit set out in this subsection. The complaint
				  shall be filed in the Superior Court for the county where on or more of the
				  parties resides or have their principal place of business or where the activity
				  or property which is the subject of the proceeding is located. The court's
				  determination shall be de novo and without a jury or, if all parties agree, by
				  a referee or referees. (See Chap. 553, Sec. 2, P.L., 1983).
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-5 - Jurisdiction Over Claims Prior to January 4, 1977

Current through 2024-29, July 17, 2024
The jurisdiction of the State Claims Board over claims
				  subject to Title
				   5 M.R.S.A.,
				  Section1510-A includes those claims which
				  have arisen prior to Jan. 4, 1977, unless they have been ruled upon by the
				  Governor and Executive Council or by the Legislature prior to Jan. 4,
				  1977.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-6 - Different Procedures

Current through 2024-29, July 17, 2024
A claim submitted pursuant to Title
				   5 M.R.S.A.,
				  Section1510-A shall not be disapproved solely
				  because a claim based on the same facts was submitted under a different
				  statutory procedure and was disallowed.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-7 - Hearings

Current through 2024-29, July 17, 2024
Hearings on claims submitted pursuant to Title
				   5 M.R.S.A.,
				  Section1510-A, subsection
				  2
				  or appeals made pursuant to subsection
				  3 shall be held at a time and place
				  which the Board shall determine. the Chairman shall assign one or 3 members to
				  hear and determine each claim.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-8 - Practice Before the State Claims Board

Current through 2024-29, July 17, 2024
A. Any
				person may appear before the Board in his own behalf, or by attorney authorized
				to practice in this State. Non-attorney representation may be permitted at the
				discretion of the Board, providing that the rules and regulations and legal
				procedures are otherwise complied with. In unusual or extraordinary
				circumstances, and at the discretion of the Board, a person may appear by a
				representative thereunto authorized in writing. Nothing in this Rule shall be
				interpreted in such a way as to permit the unauthorized practice of law; nor
				shall this Rule in any way be construed to restrict or limit the right of any
				person to conduct his own business with or before the Board.
B. Every party, in a sequence designated by
				the presiding officer, shall have the right to present evidence and argument on
				all issues and to call and examine witnesses and make oral cross-examination of
				any person present and testifying. However, the presiding officer may limit
				testimony to avoid repetition.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-9 - Procedures for Submission of Claims

Current through 2024-29, July 17, 2024
A. Name,
				address and telephone number of claimant.
B. Name, address and telephone number of any
				representative of claimant.
C.
				State department or agency against which claim is asserted.
D. Date, time and place of incident giving
				rise to the claim.
E. The name and
				address of each State employee who was involved in or who witnessed the
				incident which gave rise to the claim.
F. The name and address of any other State
				Employee who the claimant or claimant's representative has contacted or who the
				claimant is aware has been contacted regarding the claim.
G. The name and address of any other person
				who witnessed the incident or whom the claimant intends to present in support
				of his claim.
H. The name and
				agency of any law enforcement personnel who investigated the claim.
I. A concise statement of the basis of the
				claim.
J. Estimated dollar value of
				the claim with receipts or estimates by parties having no relation to the
				claimant which objectively indicate the cost of repairing or replacing any
				property and who are qualified to make such estimates with their address and
				telephone number.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-10 - Notice of Hearing

Current through 2024-29, July 17, 2024
Notice of hearing shall be provided to the claimant and to
				  other parties deemed by the Board to have an interest by regular or certified
				  mail.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-11 - Opportunity to be Heard

Current through 2024-29, July 17, 2024
The opportunity for any hearing on any claim shall be
				  afforded without undue delay and every party shall have the right to present
				  evidence and arguments on any claim, and at any hearing to call and examine
				  witnesses and to make oral cross-examination of any person present and
				  testifying.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-12 - Evidence

Current through 2024-29, July 17, 2024
The State Claims Board need not observe the rules of evidence
				  observed by Courts, but shall observe rules or privilege recognized by law.
				  Evidence shall be admitted if it is the kind of evidence upon which reasonable
				  persons are accustomed to rely in the conduct of serious affairs. The Board may
				  exclude irrelevant or unduly repetitious evidence
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-13 - Witnesses

Current through 2024-29, July 17, 2024
Witnesses shall be sworn and every such witness shall be
				  subject to oral cross-examination. No sworn written evidence shall be admitted
				  unless the author is available for cross-examination or subject to subpoena,
				  except or good cause shown.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-14 - Official Notice

Current through 2024-29, July 17, 2024
The Board 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 shall be afforded an opportunity to
				  contest the substance or materiality of the facts noticed.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-15 - Evaluation of Evidence

Current through 2024-29, July 17, 2024
The Board may utilize their experience, technical competence
				  and specialized knowledge in the evaluation of the evidence presented to
				  them.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-16 - Record

Current through 2024-29, July 17, 2024
The Board shall record all hearings in a form susceptible to
				  transcription. The Board shall make a copy of the record or any portion thereof
				  shall be available to any person at actual cost.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-17 - Documentary Evidence

Current through 2024-29, July 17, 2024
Documentary evidence may be incorporated in the record by
				  reference when the materials so incorporated are made available for examination
				  by the party before being received in evidence.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-18 - Subpoenas and Discovery

Current through 2024-29, July 17, 2024
A. Any party shall
				be entitled to the issuance of process in the name of the Board (to the extent
				permitted by law) to require the attendance and testimony of witnesses and the
				production of any evidence relation to any issue of fact in the proceeding to
				the extent not privileged or protected by stature, rule or
				constitution.
B. The Board may
				prescribe the form of subpoena, but it shall adhere insofar as practical 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 fee for attendance and travel as in
				civil cases before the Courts. Such fees shall be paid by the party requesting
				the subpoena.
C. Any subpoena
				issued shall show on its face the name and address of the party at whose
				request it was issued.
D. Any
				witness subpoenaed may petition the Board to vacate or modify a subpoena issued
				in its name. The Board shall give prompt notice to the party who requested
				issuance of the subpoena. After such investigation as the Board 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.
E.
				Failure to comply with a subpoena lawfully issued in the name of the Board and
				not revoked or modified by the Board as provided in this section shall be
				punishable as for contempt for Court.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-19 - Decisions

Current through 2024-29, July 17, 2024
The Decision of the Board shall be made in writing and shall
				  include reasons for the basis for the decision. A copy of the Decision shall be
				  delivered or promptly mailed to each party or his/her representative or record
				  by regular or certified mail. Written notice of the party's rights to appeal
				  the Decision, if applicable, will be given to each party with the
				  Decision.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 120 - RULES OF PRACTICE GOV. CONDUCT OF ADJUDICATORY PROCEEDINGS FOR STATE CLAIMS › Section 185-120-20 - Presiding Officer; Duties

Current through 2024-29, July 17, 2024
The Chairperson of the Board shall assign either one or 3
				  members to hear and determine each claim and if the composition of the Board is
				  3, than the presiding officer shall be either the Chairperson or other attorney
				  member and if one member, than in that event, the presiding officer can be
				  either the Chairperson, the other attorney member or other member of the
				  Board.
The presiding officer may:
A. Administer oaths and
				affirmations;
B. Rule on the
				admissibility of evidence;
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
D. Take action
				authorized by stature or Board rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 352 - STATE EMPLOYEE HEALTH COMMISSION › Chapter 1 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS OF THE STATE EMPLOYEE HEALTH COMMISSION › Section 352-1-1 - Proceedings before the Appeal Panel and the Commission

Current through 2024-29, July 17, 2024
A. Notice
(1) Notice of the right to appeal a
				determination made pursuant 5 MRSA, subsection286 appeal panel and/or the
				Commission shall be given as follows: By regular mail to the person or persons
				whose legal rights, duties, or privileges are at issue, sufficiently in advance
				of the hearing date to afford an adequate opportunity to prepare and submit
				evidence and argument and to request a hearing if so desired.
(2) All notices of hearing shall contain the
				following:
a. A statement of legal authority
				and jurisdiction under which the proceeding is being conducted;
b. A reference to the particular substantive
				issue;
c. A short and plain
				statement of the nature and purpose of the proceeding and of the matters
				asserted;
d. A statement of the
				time and place of hearing;
e. A
				statement of the manner and time within which evidence and argument may be
				submitted to the agency for consideration;
f. A statement advising the parties that the
				Commission or appeal panel may schedule a telephone hearing in lieu of
				in-person proceedings If either party demonstrates that a telephone hearing may
				expedite the process or prevent undue hardship.
(3) Notice of appeal rights must state the
				place and manner of taking an appeal and the period within which an appeal may
				be taken. As to the Commission, notice of appeal rights shall state that the
				Commission is not required to hold a hearing and that it is the burden of the
				interested party to show a need for such a hearing.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 352 - STATE EMPLOYEE HEALTH COMMISSION › Chapter 1 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS OF THE STATE EMPLOYEE HEALTH COMMISSION › Section 352-1-2 - Proceedings before the Commission

Current through 2024-29, July 17, 2024
The Commission may remand any issue to an appeal panel for
				  the taking of additional evidence as the Commission may deem necessary. Such
				  testimony shall be taken by the appeal panel in the manner prescribed for the
				  conduct of hearings on appeals before appeal panels. Upon the completion of the
				  taking of evidence by an appeal panel pursuant to the direction of the
				  Commission, the claim or the issues involved in such claim shall be returned to
				  the Commission for its decision thereon. In addition to what is described
				  above, the Commission may, as it deems necessary, in cases where there has been
				  no appeal panel hearing conducted, remand such claim or issue to the appeal
				  panel for the purpose of holding a de novo hearing. In such cases, the appeal
				  panel shall render Its own decision instead of returning the case to the
				  Commission for further action.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 352 - STATE EMPLOYEE HEALTH COMMISSION › Chapter 1 - RULES OF PRACTICE GOVERNING ADJUDICATORY PROCEEDINGS OF THE STATE EMPLOYEE HEALTH COMMISSION › Section 352-1-3 - Reconsideration of Commission Decision

Current through 2024-29, July 17, 2024
A. Any
				interested party may request the Commission to reconsider its decision in a
				case, only if such request for reconsideration is filed with the Commission
				within 10 days of receipt of the original commission decision.
B. Unless an interested party appears at the
				appeal panel hearing or the Commission hearing, if one was held, he/she may not
				request reconsideration of the decision, unless such nonappearance was for good
				cause recognized by the Commission.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 1 - PURPOSE, ADOPTION AND AMENDMENT OF RULES AND DEFINITION OF TERMS › Section 389-1-1 - PURPOSE OF RULES

Current through 2024-29, July 17, 2024
These rules implement the State Civil Service Law (Title 5
				  MRSA, Chapters 56, 60, 65, 67, 68, 69, 71 and 372). The rules shall be applied
				  in accordance with the objectives of the Civil Service Law which are
				  interpreted to be:
A. Promoting
				effective service, and economy in state office and employment.
B. Providing a modern and comprehensive
				personnel administrative system, in which:
1.
				Positions essentially alike in content shall receive equal treatment in all
				personnel processes.
2. Fair and
				equal opportunity shall be afforded to all qualified Maine citizens to enter
				State Service, on the sole basis of merit, as determined through practical
				competitive examinations.
3. The
				State Service shall be made attractive as a career.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 1 - PURPOSE, ADOPTION AND AMENDMENT OF RULES AND DEFINITION OF TERMS › Section 389-1-2 - ADOPTION, AMENDMENT AND INTERPRETATION

Current through 2024-29, July 17, 2024
A. The
				Director of Human Resources shall prepare, amend, and adopt rules in accordance
				with requirements of Civil Service Law and the Maine Administrative Procedure
				Act. New or amended rules will be adopted only after public hearing. Public
				notice will be made at least twenty days prior to this hearing and again, in
				the same newspapers, not more than ten nor less than seven days before the
				hearing.
B. Any person may propose
				a new rule or amendment to an existing rule by filing a petition in proper
				format with the Director of Human Resources. Notification of the disposition of
				each petition filed will be made within sixty days.
C. Copy of each rule or amendment adopted
				will be provided to:
1. All State Government
				agencies.
2. The Attorney General,
				for review and approval.
3. The
				Secretary of State for record; and inspection by and distribution to the
				public.
4. The general public upon
				request, and upon payment of actual cost of material requested.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 1 - PURPOSE, ADOPTION AND AMENDMENT OF RULES AND DEFINITION OF TERMS › Section 389-1-4 - WAIVER OF RULES

Current through 2024-29, July 17, 2024
The Director of Human Resources may waive, for up to a
				  two-year period, with the possibility of extension, any one or a combination of
				  the provisions of these rules for innovative or research projects designed to
				  improve the merit system or its operation. Any such project shall be consistent
				  with Federal standards for a merit system and shall comply with all applicable
				  provisions of the Civil Service Law. Upon completion, any such project will be
				  evaluated to determine whether its objectives have been achieved.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 2 - INTERMITTENT EMPLOYMENT › Section 389-2-1 - DEFINITION OF INTERMITTENT POSITIONS

Current through 2024-29, July 17, 2024
A. An
				intermittent position is one which is used from time to time to support and
				supplement a regularly scheduled work force.
B. Any one intermittent position shall not be
				occupied for more than 19 hours in any one week or more than 475 hours in any
				one calendar year.
C. Violation of
				either time limitation shall result in loss of the affected position.
NOTE: This definition applies only to hours worked after July
				  6, 1978. Any hours worked prior to this date are to be discounted for purposes
				  of compliance with this definition.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 2 - INTERMITTENT EMPLOYMENT › Section 389-2-2 - ESTABLISHMENT OF INTERMITTENT POSITIONS

Current through 2024-29, July 17, 2024
Establishment shall require individual agency justification
				  that work to be done is not of sufficient amount or duration to warrant
				  regularly scheduled hours and/or weeks.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 2 - INTERMITTENT EMPLOYMENT › Section 389-2-3 - POSITION USE

Current through 2024-29, July 17, 2024
A. Once an employee
				is assigned to an intermittent position, no other employee may be assigned to
				work that same position unless or until the first employee is
				separated.
B. If during an
				employment year, an employee resigns an intermittent position before the
				position has been occupied for 475 hours, the position may be refilled only for
				the balance which remains.
C. An
				employee who is assigned to work one intermittent position shall not be
				eligible for employment in any other intermittent position unless and until the
				first is separated. In any event, if more than one intermittent position is
				worked during an employment year, the total of hours worked in all these
				positions is not to exceed 475.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 2 - INTERMITTENT EMPLOYMENT › Section 389-2-4 - BENEFITS AND PRIVILEGES

Current through 2024-29, July 17, 2024
A. Examination and
				Certification
1. An intermittent employee who,
				on or after July 6, 1978, has been employed in intermittent status in excess of
				1040 hours, and who meets standards for admission, shall be eligible to
				participate in agency and statewide promotional opportunity
				examinations.
2. Admission to an
				agency or statewide promotional examination opportunity shall further require
				that any interested and qualified intermittent employee file application with
				the Bureau of Human Resources.
3.
				Names of intermittent employees who qualify by examination shall be placed on
				agency and statewide promotional lists, together with the names of other
				employees entitled to placement on these lists.
4. As appropriate, certification will be by
				score from among all agency or statewide personnel whose names are included on
				these lists. If specifically requested by the appointing authority, and if
				approved by the Director of Human Resources, certification will be by score
				only (open competitive certification).
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 3 - DIVISION OF CLASSIFIED SERVICE › Section 389-3-1 - COMPETITIVE DIVISION

Current through 2024-29, July 17, 2024
The competitive division of the classified service shall
				  include all positions in the classified service which are not placed in the
				  non-competitive or labor divisions by this chapter.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 3 - DIVISION OF CLASSIFIED SERVICE › Section 389-3-2 - NON-COMPETITIVE DIVISION

Current through 2024-29, July 17, 2024
The non-competitive division of the classified service shall
				  include those advanced professional and administrative classes which are
				  designated by the Director of Human Resources, the positions of those persons
				  engaged for highly specialized technical or professional services on a
				  part-time or temporary basis, and the positions of certain students and/or
				  interns as defined by Chapter 8, Section 1A(3).
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 3 - DIVISION OF CLASSIFIED SERVICE › Section 389-3-3 - LABOR DIVISION

Current through 2024-29, July 17, 2024
The classes of positions involving unskilled and semi-skilled
				  labor, attendant, domestic or custodial duties shall comprise the labor
				  division.
The Director of Human Resources may, at any time, review the
				  duties performed by any labor division employee. The appointing authority and
				  the employee shall supply any information requested by the Director of Human
				  Resources in connection with this review. If the Director of Human Resources
				  thereafter determines that the duties performed are not properly those of a
				  position in the labor division, the Director of Human Resources shall take such
				  action as deemed necessary to comply with the Civil Service Law and these
				  rules.