Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-10 - Conduct of hearings

Current through 2024-29, July 17, 2024
1. Hearings shall
				  be scheduled by the Secretary of State without undue delay.
2. The Hearing Examiner shall have full and
				  exclusive control of the conduct of the hearing. In cases of disorder or
				  refusal to comply with the rules of the hearing or orders of the Hearing
				  Examiner, the Hearing Examiner shall use reasonable means to control the
				  hearing. Parties, representatives, and witnesses shall not engage in bitter
				  exchanges, vulgarities, or abuse or make offensive or insulting comments. When
				  such conduct occurs, the Hearing Examiner shall admonish the offender,
				  reminding the person that such behavior does not contribute to a fair hearing
				  and impedes the orderly disposition of a case. If the offense is repeated and
				  further admonition appears fruitless, the Hearing Examiner shall exclude a
				  disorderly person from the hearing. If a disorderly person's offensive conduct
				  is so flagrant that it prevents the completion of the case, the disorderly
				  person shall be removed from the hearing room and the hearing will proceed
				  without the attendance of the disorderly person.
3. All witnesses shall be sworn.
4. Persons may be represented by counsel or
				  other representatives in a hearing before the Secretary of State.
5. Continuances. A hearing may be continued
				  to a later time at the request of a party or a material witness or upon the
				  Secretary of State's or a Hearing Examiner's own initiative as justice may
				  require. Continuances may be granted only for good cause and are discretionary
				  with the Secretary of State. Requests for continuances must be made at least
				  twenty-four hours prior to the scheduled hearing. Emergency requests for
				  continuances may be entertained at any time and are discretionary with the
				  Secretary of State. A continuance may be granted on the condition that a party
				  waives any applicable timelimits. All parties and witnesses must be informed of
				  continuances or denials of requests for continuances in a timely manner.
A. Grounds for granting continuances. The
				  grounds for granting a continuance include but are not limited to the
				  following:
1 to accommodate the appearance of
				  a witness;
2 to implement a party's
				  rights regarding choice of representation at hearing;
3 to assure that a party has adequate
				  opportunity for preparation and presentation of evidence and
				  argument;
4 to assure that a party
				  has adequate opportunity to review, evaluate, and respond to new evidence; or
				  where appropriate, to require that a party review, evaluate and respond to new
				  evidence;
5 to permit a party to
				  reconsider a previous action or decision;
6 to permit or require performance of actions
				  not previously taken; and
7 to
				  secure additional time or to permit or require additional activity by a party
				  as justice may require.