reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 19 - PROTESTS, APPEALS AND RACE DATE ASSIGNMENT HEARINGS › Section 017-19-2 - Protests

Current through 2024-29, July 17, 2024
Protests may be made only by an owner, trainer or driver of
				  one of the contending horses, at any time prior to the running of the race, and
				  shall be reduced to writing and sworn to before a judge of the meeting, and
				  shall contain at least one specific charge which, if true, would prevent the
				  horse from winning or competing in the race.
Procedure after protest
The judges shall investigate each protest and where
				  appropriate shall summon the parties thereto and examine them. In the event
				  that the parties to the horses being protested refuse to appear or be examined
				  the horse shall be scratched or disqualified and all entrance fees
				  forfeited.
Disposition of protest
(a) Where a protest is made prior to a race,
				and the judges find satisfactory evidence to warrant excluding a horse, such
				horse shall be scratched unless the owner thereof in good faith requests that
				the horse start under protest and waives any right of reimbursement against the
				track, in the event the commission should thereafter make a determination
				allowing said protest. Such request shall be granted by the judges except where
				permitting said horse to compete would be contrary to the public
				interest.
(b) Where a protest is
				made prior to the race and the horse protested has started the judges shall
				notify the track to withhold payment of the portion of the purse affected
				pending determination by the commission.
False protest
Any person found guilty of protesting a horse falsely and
				  without cause or merely with intent to embarrass a race, shall be subject to a
				  penalty consistent with a level 2 violation.
Appeals
(I) In case of an appeal or protest, the
				purse money affected will be retained by the track subject to the direction of
				the commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 19 - PROTESTS, APPEALS AND RACE DATE ASSIGNMENT HEARINGS › Section 017-19-3 - Appeals

Current through 2024-29, July 17, 2024
1.
Appeal to Commission
All decisions and rulings of the Judges or the officers of
				  tracks may be appealed to the Commission in writing within 3 days after notice
				  of the decision or ruling. The appeal may be taken upon any question in the
				  conduct of a race, interpretation of the rules, decisions relative to the
				  outcome of a race, application of penalties or other action affecting owners,
				  drivers, or horses, but it must be based on a specific charge which, if true,
				  would warrant modification or reversal of the decision.
In order to take an appeal under Chapter 7, sections 53-61,
				  a driver must have first made complaint, claim, or objection as required in
				  Chapter 7, section 55.
A final appeal in the case of any person penalized or
				  disciplined by the racing officials of a meeting licensed by the Commission,
				  may be taken to the Commission.
A. An
				appeal to the commission must be filed in writing at the office of the
				Commission within 3 days after notice of the decision or ruling.
B. The request shall be signed by the person
				making it and must set forth his reason for believing he is entitled to a
				hearing.
C. An applicant for a
				hearing will be heard in person, or by counsel, or he may submit his case in
				writing.
D. All complaints and
				requests to the Commission must be in writing, and all papers filed with the
				Commission shall be the property of the Commission.
E. Unless a stay is granted pursuant to
				chapter, an appeal from a decision of a racing official to the Commission shall
				not affect such decision until the appeal has been acted upon by the Commission
				unless otherwise ordered by a court of competent jurisdiction.
F. Such appeal shall be sworn to and security
				of $100 or an amount equal to the monetary fine shall be posted with the
				appeal. Upon final disposition of the appeal the security posted will be first
				applied to the monetary penalty imposed if any, and the balance returned to the
				person appealing.
G. Failure of the
				person to pursue the appeal shall result in a forfeiture of the security
				posted.
H. The Commission may
				vacate, modify, or increase any penalty imposed by the Judges. In the event a
				person fails to appear at any disciplinary hearing affecting him or her a
				default judgment may be rendered against that person, unless excused for good
				cause. Notice shall be provided of the possibility of a default judgment for
				failure to appear.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 19 - PROTESTS, APPEALS AND RACE DATE ASSIGNMENT HEARINGS › Section 017-19-4 - Date Assignment Hearings

Current through 2024-29, July 17, 2024
1.
Definitions
As used in this subchapter, unless the context otherwise
				  indicates, the following words shall have the following meanings:
A.
Date assignment hearing
"Date assignment hearing" means a hearing conducted by the
				  Commission to determine either or both of the following issues:
(1) Whether a person, association, or
				corporation desiring to hold a harness horse race or meet at which pari-mutuel
				betting is permitted shall be granted a license to do so;
(2) The particular dates and times of day on
				which a licensee may conduct harness horse races or meets and the location
				where such racing may be conducted.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 19 - PROTESTS, APPEALS AND RACE DATE ASSIGNMENT HEARINGS › Section 017-19-5 - Requests for reconsideration

Current through 2024-29, July 17, 2024
A person aggrieved by a decision of the Commission may
				  petition the Commission once to reconsider that decision. A petition for
				  reconsideration must be made in writing within 10 days after the Commission's
				  decision and may be made for:
A.
				Correction of any part of the decision that the petitioner believes to be in
				error and not intended by the Commission, or
B. An opportunity to present new or
				additional evidence that was not readily available at any prior time in the
				proceedings,
The petition must set forth in detail the findings or
				  conclusions to which the petitioner objects, the basis of the objections, the
				  nature of any new or additional evidence to be offered and the nature of the
				  relief requested. Within 30 days of receiving a complete reconsideration
				  petition, the Commission shall decide whether to reconsider its decision. The
				  Commission may hold a hearing if it desires to reconsider its decision.
In considering the petition, the Commission may grant the
				  petition in full or in part. or dismiss the petition. The Commission shall
				  provide reasonable notice to the petitioner and other parties in the
				  proceedings.
The Commission may allow the record to be supplemented when
				  it finds that the evidence offered is relevant and material and that an
				  interested party seeking to supplement the record has shown due diligence in
				  bringing the evidence to the process at the earliest possible time and the
				  evidence could not, by the exercise of diligence, have been discovered in time
				  to be presented earlier in the process.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 21 - GENERAL HEARING PROCEDURES › Section 017-21-1 - Scope

Current through 2024-29, July 17, 2024
Except as otherwise indicated, the hearing procedures
				  contained in this chapter shall apply to all adjudicatory hearings held by the
				  Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 21 - GENERAL HEARING PROCEDURES › Section 017-21-2 - De Novo Hearings

Current through 2024-29, July 17, 2024
Appeals of track judges' decisions shall be conducted as de
				  novo hearings. The track judge's findings of violations and remedies shall be
				  vacated, and the burden of persuasion shall lie with the appellee. The appellee
				  must prove violations by a preponderance of the evidence presented at the
				  appeal hearing.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 21 - GENERAL HEARING PROCEDURES › Section 017-21-3 - Filings

Current through 2024-29, July 17, 2024
Filings to the Commission may be accomplished by submitting a
				  document at a Commission office to a duly designated representative of the
				  Commission. Commission office means its Augusta office, and during the time in
				  which racing is conducted in the State, at any track holding a sanctioned meet
				  on the day of filing. A duly designated representative of the Commission means
				  personnel employed by the department to carry out the purposes of Title 8
				  Chapter 11.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 21 - GENERAL HEARING PROCEDURES › Section 017-21-4 - Hearings conducted before Commission chair

Current through 2024-29, July 17, 2024
Hearings held subject to the requirements of this chapter
				  shall be conducted before the full Commission or, as provided in this section,
				  by the chair of the Commission.
The Chair of the Commission may conduct hearings as a sole
				  member hearing board on the following matters:
1. Violations of the rules that could result
				in a level 3, 4, or 5 penalty and unclassified penalties involving failure to
				pay fines or purse distributions.
2. Violations of the rules involving first
				and second positive test violations involving a Class 3, 4, or 5 banned
				substance.
3. Violations of the
				rules by a racing association; and
4. Positive tests by a licensee.
All other hearings, including Licensing Hearings and Date
				  Assignment Hearings must be conducted by a quorum of the full
				  Commission.
The Commission, with reasonable notice to the chair, may
				  require the full Commission to conduct a hearing normally held by the chair.
				  The chair, with reasonable notice to the Commission, may schedule a full
				  Commission hearing on any issue normally heard solely by the chair.
The Chair of the Commission may suspend a license in
				  conformity with
				  5 M.R.S.A.
				  §10004(5)(B) if
				  required to immediately remedy the needs of the sport, provided that suspension
				  shall not continue for more than 30 days.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 21 - GENERAL HEARING PROCEDURES › Section 017-21-5 - Evidence

Current through 2024-29, July 17, 2024
1.
Video Recording
. In any
				hearing in which a video recording of the race at issue was made and is
				relevant to the dispute, the racing judges shall be responsible for bringing
				the video recording to the hearing. If the Commission does not have access to
				compatible playback equipment the racing judges shall also be responsible for
				furnishing same. Explanatory testimony may be given while the videotape is
				being run.
2. Any party may move to
				introduce into evidence any part of an audio recording of a judges' hearing in
				an appeal of the judge's ruling. The racing judges shall be responsible for
				bringing the audio recording to the hearing if requested to do so by a party
				reasonably in advance of the hearing. If the Commission does not have access to
				compatible playback equipment the racing judges shall also be responsible for
				furnishing same.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 21 - GENERAL HEARING PROCEDURES › Section 017-21-6 - Conclusion of hearing; reopening of record; further proceedings

Current through 2024-29, July 17, 2024
Upon the conclusion of the evidentiary hearing, no other
				  evidence or testimony shall be permitted unless the record is held open by the
				  Commission for the receipt of additional material specifically designated. The
				  Commission may reopen the record for further proceedings at any time prior to
				  decision upon provision of appropriate notice to parties and other interested
				  persons. In a hearing involving a proposed modification or amendment of a
				  license which was the subject of an earlier hearing, the Commission shall give
				  notice thereof to all parties to the earlier proceeding and to the public as
				  well if the determination of issues of substantial public interest is
				  involved.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 21 - GENERAL HEARING PROCEDURES › Section 017-21-7 - Service of Written Materials

Current through 2024-29, July 17, 2024
Copies of all pleadings, briefs, motions or documentary
				  evidence filed by a party with the Commission shall also be served, by
				  first-class mail or by hand, upon all other parties to the proceeding. For
				  violation of this rule the presiding officer may refuse to accept the material
				  filed in the record.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 21 - GENERAL HEARING PROCEDURES › Section 017-21-8 - Requests for reconsideration

Current through 2024-29, July 17, 2024
A person aggrieved by a decision of the Commission may
				  request that the Commission reconsider that decision. A request for
				  reconsideration must be made in writing within 10 business days after the
				  Commission's decision and may be made for:
1. Correction of any part of the decision
				that the party believes to be in error, or
2. An opportunity to present new or
				additional evidence that was not readily available at any prior time in the
				proceedings,
The request must set forth the findings or conclusions to
				  which the party objects, the basis of the objections, the nature of any new or
				  additional evidence to be offered and the nature of the relief requested.
				  Within 30 days of receiving a complete reconsideration request, the Commission
				  shall decide whether to reconsider its decision. The Commission may hold a
				  hearing if it desires to reconsider its decision.
In considering the request, the Commission may grant the
				  party in full or in part or deny the request. The Commission shall provide
				  reasonable notice to the party and other parties in the underlying
				  proceedings.
The Commission may allow the record to be supplemented when
				  it finds that the evidence offered is relevant and material and that an
				  interested party seeking to supplement the record has shown that bringing the
				  evidence to the process earlier in the proceeding was not possible.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 1 - MAINE AGRICULTURAL BARGAINING BOARD › Section 020-1-1 - Filing Requirements

Current through 2024-29, July 17, 2024
A. Each association
				of producers seeking qualification as bargaining agency must file with the
				Board a copy of its bylaws.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 1 - MAINE AGRICULTURAL BARGAINING BOARD › Section 020-1-2 - Notice of Hearing

Current through 2024-29, July 17, 2024
A. Notice of
				hearings to be held as provided in Sec. 1957-3 of the Maine Agricultural
				Marketing & Bargaining Act of 1973, 13 MRSA., Sec. 1953-65 shall be sent to
				involved parties by registered mail at least ten (10) business days prior to
				the date set for the hearing, and published in a newspaper circulating in the
				area concerned.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 1 - MAINE AGRICULTURAL BARGAINING BOARD › Section 020-1-3 - Annual Report

Current through 2024-29, July 17, 2024
A. Each accredited
				association of producers shall file an annual report with the Board by February
				1. This report shall include:
1. The names
				and addresses of the association's officers and members who actually will
				bargain with a particular handler.
2. An accounting of the association's
				expenses in providing bargaining services.
3. Dues and fees received from members and
				non-members.
4. A copy of the
				association's latest financial statement.
5. Any changes in bylaws since the previous
				annual report.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 1 - MAINE AGRICULTURAL BARGAINING BOARD › Section 020-1-4 - Single-Member Hearing

Current through 2024-29, July 17, 2024
A. Single-member
				hearings, as provided in Sec. 1958-6, may be conducted only by one of the
				board's public members.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 1 - MAINE AGRICULTURAL BARGAINING BOARD › Section 020-1-5 - Hearing Record

Current through 2024-29, July 17, 2024
A. The hearing
				record required in Sec. 1958-7 shall be kept by means of a tape recording.
				Transcriptions of such recordings may be obtained by any interested party, the
				cost of transcribing to be borne by that party.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 1 - MAINE AGRICULTURAL BARGAINING BOARD › Section 020-1-6 - Time Limitation

Current through 2024-29, July 17, 2024
A. The "reasonable
				time" for supplying products referred to in Sec. 1958-5 shall be determined by
				the Board on the basis of the circumstances presented to it in each
				case.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 1 - MAINE AGRICULTURAL BARGAINING BOARD › Section 020-1-7 - Confidential Information

Current through 2024-29, July 17, 2024
A. No member of the
				Board shall divulge any information about the business of an interested party
				in a case before the Board that comes to the member by word-of-mouth or
				examination of records unless:
(a) the
				interested party consents;
(b) a
				court of competent record so orders;
(c) the information becomes a matter of recorded,
				relevant and material testimony in evidence in the case being heard.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-1 - Scope of Rules

Current through 2024-29, July 17, 2024
A. These rules and
				regulations shall govern all public hearings conducted by the Agricultural
				Bargaining Board (hereinafter "the Board") concerned with the petition by an
				association of producers (hereinafter "the petitioner") desiring qualification,
				pursuant to 13 MRSA S 1957, and concerned with the revocation by the Board of
				the qualification of an association pursuant to 13 MRSA S 1957(7). These rules
				and regulations shall be liberally construed to secure the just, speedy and
				inexpensive adjudication of such matters. In special cases, where good cause
				appears, the Board may permit deviation from these rules insofar as it may find
				compliance therewith to be impracticable or unnecessary.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-2 - Notice and Location

Current through 2024-29, July 17, 2024
A. Notice of the
				hearing shall be sent to the petitioner and to the handler or handlers with
				whom bargaining is proposed (hereinafter "the handler") by registered mail at
				least 14 days prior to the date set for the hearing. Notice shall also be
				published at least 7 day prior to the date set for the hearing in a newspaper
				circulating in the area concerned. Hearings shall be held in a place as is
				determined to be most convenient to the Board, the petitioner, and the handler,
				at the discretion of the Chairman of the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-3 - Presiding Officer

Current through 2024-29, July 17, 2024
A. The Presiding
				Officer at any hearing shall be either (1) the Chairman of the Board, if
				present and willing to preside, otherwise (2) a member designated by the Board
				to act for the Chairman. The Presiding Officer shall have the authority to:
1. Administer oaths or affirmations
2. Rule upon issues of evidence
3. Rule upon issues of procedure
4. Regulate the course of the
				hearing
5. Certify questions to the
				Board for its determination
6. Take
				such other actions as may be order by the Board or that are necessary for the
				efficient and orderly conduct of the hearing, consistent with these regulations
				and applicable statutes
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-4 - Prehearing and Midhearing Conferences

Current through 2024-29, July 17, 2024
A. The
				Presiding Officer may upon notice to the petitioner and the handler hold a
				prehearing conference with the petitioner and the handler for the purpose of
				formulating or simplifying the issues, obtaining admissions of fact and of
				documents, arranging for the exchange of proposed exhibits or prepared expert
				testimony, limitation of number of witnesses and consolidation of the
				examination of witnesses, procedure at the hearing and such other matters which
				may expedite orderly conduct and disposition of the proceedings. The Presiding
				Officer may, in his discretion, recess the hearing and call the petitioner and
				the handler for a conference to effectuate the purposes of this Rule 4. The
				action taken at any such prehearing or midhearing conference shall be stated on
				the record by the Presiding Officer.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-5 - General Conduct of the Hearing

Current through 2024-29, July 17, 2024
A. Recording of
				Testimony: All testimony at hearings before the Board shall be recorded and, as
				necessary transcribed.
B.
				Witnesses: Witnesses shall be sworn. Witnesses may be compelled to attend,
				testify and produce records if subpoenaed by the Board. Witnesses will be
				required to state for the record their name, residence, business or
				professional affiliation, if any, and whether or not they represent another
				individual, firm, association, state or federal agency or other legal entity
				for the purpose of the hearing.
C.
				Regulations of certain devices: The placement and use of television cameras,
				still cameras, motion picture cameras, tape recorders, microphones or similar
				devices at Board hearings may be regulated by the Presiding Officer in a manner
				consistent with the provisions of Title 1 M.R.S.A. §401 et seq.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-6 - Evidence

Current through 2024-29, July 17, 2024
A. Evidence which is relevant and material to
				the subject matter of the hearing and is of a type commonly relied upon by
				reasonably prudent persons in the conduct of their affairs shall be admissible.
				Evidence which is irrelevant, immaterial, or unduly repetitious shall be
				excluded.
B. Official Notice: The
				Board may, at any time, take official notice of relevant laws, official
				regulations, judicially recognizable facts, generally recognized facts of
				common knowledge to the general public and physical, technical, agricultural or
				scientific facts within its specialized knowledge. The Board shall include in
				its final decision those facts of which it took official notice, unless those
				facts are included in the transcript of the record.
C. Proof of Official Record: The Presiding
				Officer may require that an official record, or lack thereof, be evidenced by
				an official publication or by a copy or a statement attested by a person
				having, or who would ordinarily have, the legal custody of the
				record.
D. Documentary and Real
				Evidence: All documents, materials and objects offered in evidence as exhibits
				shall, if accepted, be numbered or otherwise identified. Documentary evidence
				may be received in the form of copies or excerpts if the original is not
				readily available.
E. Objections:
				All objections to rulings of the Presiding Officer regarding evidence or
				procedure and the grounds therefor shall be timely stated during the course of
				the hearing. If during the course of or after the close of the hearing and
				during its deliberations the Board determines that the ruling of the Presiding
				Officer was in error, it may reopen the hearing and take such other action as
				it deems appropriate to correct such error.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-7 - Record

Current through 2024-29, July 17, 2024
A. The record of the hearing shall consist of
				the petition filed with the Board by petitioner (including exhibits and
				documents and amendments thereto), the transcript of the hearing, all exhibits,
				the proposed findings of fact and conclusion of the Presiding Officer, if any,
				and the findings of fact and conclusions of the Board, if any.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-8 - Participation by Interested Persons

Current through 2024-29, July 17, 2024
A. Any person
				may, in the discretion of the Presiding Officer, be permitted to make oral or
				written statements on the issues, introduce documentary, photographic and real
				evidence, within such limits and on such terms and conditions as may be fixed
				by the Presiding Officer or the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-9 - Testimony and Cross-Examination

Current through 2024-29, July 17, 2024
A. Direct testimony
				shall be offered in the following order:
1.
				Petitioner
2. Handler
3. Other interested persons
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-10 - Continuance

Current through 2024-29, July 17, 2024
A. All hearings conducted pursuant to these
				regulations may be continued for reasonable cause and reconvened from time to
				time and from place to place by the Presiding Officer, as circumstances
				require.
The Presiding Officer shall notify the petitioner and the
				  handler, and the public, in such a manner as is appropriate to insure that
				  reasonable notice will be given of the time and place of such reconvened
				  hearing.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-11 - Oral Argument

Current through 2024-29, July 17, 2024
A. Oral argument by
				the petitioner, and the handler, may be permitted before the Board at the
				conclusion of the evidence. The petitioner and the handler shall each have 20
				minutes for oral argument.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-12 - Reopening the Record Prior to Decision

Current through 2024-29, July 17, 2024
A. Prior
				to issuance of a final decision, the Board may, either on it own motion, or for
				good cause shown on motion of the petitioner or the handler, reopen the hearing
				for the submission of additional evidence. The Presiding Officer shall give
				written notice of such re-opened hearing to the petitioner and the handler at
				least 7 days prior to the reopening, by registered mail, and shall give
				appropriate notice to the public
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-13 - Computation of Time

Current through 2024-29, July 17, 2024
A. All computations
				of time under these Rules shall be in the same manner as provided by Maine
				Rules of Civil Procedure, Rule 6(A).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-14 - Burden of Proof

Current through 2024-29, July 17, 2024
A. Unless otherwise
				provided by law or regulation, the petitioner shall have the burden of
				proof.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 2 - CONDUCT OF PUBLIC HEARINGS › Section 020-2-15 - Conduct of Public Hearings

Current through 2024-29, July 17, 2024
A. All previous
				regulations regarding the conduct of public hearings concerned with the
				petition of an association of producers desiring qualification pursuant to
				§ 1957 are hereby repealed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-1 - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter, unless the context otherwise
				  indicates the following words shall have the following meanings:
A. Certification Hearing. "Certification
				hearing" means a hearing held by the Board to consider whether a petition by an
				association of producers for certification, should be affirmed.
B. Board. "Board' means the Maine
				Agricultural Bargaining Board.
C. 
				Hearing. "Hearing" means a hearing conducted by the Board to determine whether
				an unfair practice has been committed, or any other matter properly heard by
				the Board under 13 MRSA §l953, et seq.
D. Complaint. "Complaint" shall mean a
				written statement containing allegations of an Unfair Practice recognized by
				 13 MRSA
				§1965, unless the context clearly
				requires a different meaning.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-2 - Scope

Current through 2024-29, July 17, 2024
Except as otherwise indicated the hearing procedures
				  contained in this chapter shall apply to certification hearings, unfair
				  practice hearings and all other hearings held by the Board except rulemaking
				  hearings.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-3 - Notice of Hearing

Current through 2024-29, July 17, 2024
Upon scheduling a hearing subject to the requirements of this
				  chapter, the Board shall send, by regular mail, not less than 5 nor more than
				  12 days prior to the date of the hearing, written notice of the hearing to the
				  appropriate parties and to any person who has requested said notice. The notice
				  of hearing shall contain the information, as applicable, required in Rule 10.
				  In any proceeding deemed by the Board to involve the determination of issues of
				  substantial public interest, notice of hearing shall also be given to the
				  public in order to afford interested persons an opportunity to prepare and
				  submit evidence and argument and to petition to intervene pursuant to Rule 12.
				  Notice to the public shall be given in the manner described in Rule 11.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-4 - Who May File Complaints

Current through 2024-29, July 17, 2024
Any handler, producer, qualified association or association
				  of producers within the definitions provided by 13 MRSA11955, may file a
				  complaint alleging an unfair practice within the meaning of
				   13 MRSA
				  §1965, or request any hearing which is
				  properly held by the Board. When a complaint has been filed by a qualified
				  association or association of producers on behalf of one or more producers,
				  that individual producer or producers may not file a separate complaint
				  regarding the same alleged unfair practice.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-5 - Unfair Practice Complaint: Form and Filing

Current through 2024-29, July 17, 2024
The complaint shall be submitted in writing to the Board in
				  original and four (4) copies shall be signed under oath before a Notary Public
				  and shall contain a sworn declaration or affirmation by the person signing,
				  under penalty of perjury, that its contents are true and correct to the best of
				  the subscriber's knowledge and belief. The complaining party shall be expected
				  to support the complaint.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-6 - Contents of Unfair Practice Complaint

Current through 2024-29, July 17, 2024
A complaint shall contain, insofar as is known, the following
				  information:
(1) The full name,
				address, and affiliation, if any, of the complaining party, and the title of
				any representative filing a complaint.
(2) The full name and address of the
				producer, handler, qualified association or association of producers against
				whom the complaint is made.
(3) A
				copy of any existing bargaining contract or agreement relating to the entity
				involved in the unfair practice complaint.
(4) A clear and concise statement of the
				facts constituting the complaint, including the date and place of occurrence of
				each particular act alleged, names of persons who allegedly engaged therein,
				and the sections, including subsections, of the Act alleged to have been
				violated.
(5) Allegations which, if
				proved, are sufficient to warrant the relief requested or some relief under the
				act.
(6) A statement of the relief
				to which the complaining party deems himself entitled. Such claim for relief
				shall not limit the powers vested in the Board by the Act.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-7 - Service of Complaint

Current through 2024-29, July 17, 2024
No complaint shall be filed with the Board until the
				  complaining party shall have served a copy thereof upon the party against whom
				  such charge is made. Proof of service in the form of either a certified mail
				  return receipt or sheriff's or deputy sheriff's return of service affidavit
				  shall be furnished to the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-8 - Response to Charge and Joint Statement

Current through 2024-29, July 17, 2024
The party against whom a complaint has been filed shall file
				  a response to said complaint with the Board in original and four (4) copies and
				  shall serve said response upon the complaining party, within fifteen (15) days
				  of the date of the filing of the complaint with the Board. The response shall
				  fairly meet each unresolved allegation contained in the complaint, and shall
				  include a specific admission denial, or denial based on insufficient
				  information of each such allegation. Attached to the response should be a joint
				  statement of any matters of agreement reached by the parties. Failure to file a
				  response as provided herein shall be grounds for the Board to render a default
				  order against the respondent.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-10 - Contents of Notice of Opportunity for Hearing and Notice of Hearing

Current through 2024-29, July 17, 2024
To the extent applicable, notices of opportunity for hearing
				  and notices of hearing shall contain the following information:
A. A statement of the legal authority and
				jurisdiction under which the proceeding is being conducted;
B. A reference to the particular substantive
				statutory and rule provisions involved;
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 the
				hearing, or the time within which a hearing may be requested;
E. A statement of the manner and time within
				which evidence and argument may be submitted to the agency for consideration,
				whether or not a hearing has been set; and
F. When a hearing has been set, a statement
				of the manner and time within which applications for intervention under Rule 12
				may be filed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-11 - Notice to the Public

Current through 2024-29, July 17, 2024
Notice to the public, when given by the Board, shall be given
				  as follows:
A. By publication at least
				twice in a newspaper of general circulation in the area of the state affected;
				and
B. By publication in any other
				trader industry professional or interest group publication which the Board
				deems effective in reaching persons who would be entitled to intervene as of
				right under Title 5 MRSA section9054, subsection 1 and;
C. In any other manner deemed appropriate by
				the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-12 - Intervention and Public Participation

Current through 2024-29, July 17, 2024
A. Intervention
				as of right. On application,, the Board shall allow any person or a class of
				which that person is a member or any other agency of federal, state or local
				government, to intervene as a party in the proceeding upon a showing that the
				proceeding may have a direct and substantial effect on the person, class or
				agency.
B. Permissive intervention.
				On timely application, the Board may in its discretion permit any other 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.
C. Participation limited or denied. When
				participation of any person is limited or denied, the Board shall include in
				the record an entry to that effect and the reasons therefore.
D. Consolidation of presentations. Where
				appropriate, the agency may require consolidations of evidence and argument by
				members of a class entitled to intervene under this Section.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-13 - Ex Parte Communications: Separation of Functions

Current through 2024-29, July 17, 2024
A. Communication prohibited. In any
				proceeding subject to the requirements of this chapter, no Board member shall
				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.
B. Communication
				permitted. This section shall not prohibit Board members from speaking with
				each other, or from having the advice of agency staff, counsel or consultants
				retained by the Board who have not participated and will not participate in the
				proceeding in an advocate capacity.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-14 - Hearings to be Conducted by Board's Presiding Officer

Current through 2024-29, July 17, 2024
Hearings held subject to the requirements of this chapter
				  shall be conducted before the Board. The chairperson of the Board shall serve
				  as presiding officer, but if he or she is not present, those Board members in
				  attendance shall choose a presiding officer from among them. The chairperson or
				  presiding officer shall administer oaths and affirmations conduct the hearing,
				  set the time and place for continued hearings, determine the order of
				  testimony, fix the time for filing of such additional evidence, briefs and
				  other written submissions as may be allowed or required make rulings as to the
				  admissibility of evidence, the existence of privileges and other evidentiary
				  matter, and take such other action of a similar nature relating to the
				  proceeding as may be necessary. Whenever a presiding officer is disqualified or
				  it becomes impracticable for him to continue in that capacity, another
				  presiding officer may be chosen to continue the hearing, provided that, if it
				  is shown that the substitution will cause substantial prejudice to any party,
				  the substitute presiding officer shall commence the hearing
				  anew.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-15 - Opportunity to be Heard

Current through 2024-29, July 17, 2024
The opportunity for hearing shall be afforded without undue
				  delay. Unless limited by stipulation under Rule
				  9, or by Board order under Rule
				  12, or unless otherwise limited by the
				  Board 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 orally cross-examine any
				  person present and testifying.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-16 - Evidence

Current through 2024-29, July 17, 2024
A. Rules of privilege. Unless otherwise
				provided by statute, the Board need not observe the rules of evidence observed
				by courts,, but shall observe the rules of privilege recognized by
				law.
B. Evidence. 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.
C. Witnesses. All witnesses shall be
				sworn.
D. Written evidence;
				exception. No sworn written statement shall be admitted unless the author is
				available for cross-examination except for good cause shown.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-17 - Record

Current through 2024-29, July 17, 2024
A. Generally. In proceedings subject to this
				chapter, the Board shall make a record consisting of:
(1) All applications, pleadings, motions,
				preliminary and interlocutory rulings and orders;
(2) Evidence received or
				considered;
(3) A statement of
				facts officially noticed;
(4)
				Offers of proof, objections and rulings thereon; and
(5) The decision of the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-18 - Subpoenas

Current through 2024-29, July 17, 2024
A. Generally. The Board may issue subpoenas
				at the request of any party to require the attendance and testimony of
				witnesses and the production of any evidence relating to any issue of fact in
				the proceeding, provided that the issuance of the subpoena has been approved by
				the Attorney General or a Deputy Attorney General as set forth in 5 MRSA19060.
				Subpoenas may be signed on behalf of the Board by the Chairperson or presiding
				officer.
B. The Board 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 other territory or manner is provided by law.
				Witnesses subpoenaed shall be paid the same fees for attendance as in civil
				cases before the courts. Such fees, as well as the costs of serving the
				subpoena, 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 sought to
				be produced 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 of
				court.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-19 - Discovery

Current through 2024-29, July 17, 2024
Parties may obtain discovery to the extent permitted and in
				  the manner set forth in Administrative Court Rules 26 through 37. The phrase
				  "the court" appearing in those rules shall be deemed to refer to the Board, as
				  the sense of the situation requires.