Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-5 - Record

Current through 2024-29, July 17, 2024
A.
Record Before the Commissioner and
				State Fire Marshal
: The record before the Appeals Panel shall consist of
				the notice of appeal and the entire record that was developed before the
				Commissioner and the State Fire Marshal at the time the decision which is being
				appealed was made. However, the Appeals Panel will review only those parts of
				the record which have been forwarded to the Panel by the parties. Therefore,
				within 15 days of the Commissioner's or State Fire Marshal's receipt of a
				complete notice of appeal, the Commissioner or State Fire Marshal shall file
				with the Appeals Panel those parts of the record which the Commissioner or
				State Fire Marshal deems pertinent to the issues presented in the notice of
				appeal, hereinafter referred to as the appellate record. The Commissioner or
				State Fire Marshal shall simultaneously deliver a copy of the appellate record
				to the appellant.
Instead of filing the record within 15 days of receipt of a
				  complete notice of appeal, the Commissioner or State Fire Marshal may file a
				  request for an extension of time in which to file the record so long as the
				  extension does not seek permission to file the record less than 30 days prior
				  to the anticipated hearing date, which is the next scheduled meeting of the
				  Appeals Panel. The request shall indicate whether any parties object to the
				  request. Requests shall be ruled upon by the Chair of the Panel or the Chair's
				  designee, who shall notify the parties of the decision.
Within 10 days of receiving the appellate record from the
				  Commissioner or State Fire Marshal, the appellant shall file with the Appeals
				  Panel those documents from the record that was developed before the
				  Commissioner and/or State Fire Marshal which the appellant deems necessary to
				  supplement the appellate record as provided by the Commissioner or State Fire
				  Marshal. The appellant shall simultaneously deliver a copy of the supplemental
				  documents filed to the Commissioner or State Fire Marshal.. Upon filing of the
				  record pursuant to this paragraph, or expiration of these time periods,
				  whichever first occurs, the appeal shall be deemed complete and ready for
				  action by the Appeals Panel.
B.
New Evidence
: The Appeals
				Panel will not accept any new evidence unless it finds that it is relevant and
				that such evidence could not have been submitted to the Commissioner or State
				Fire Marshal as part of the application process. If the appellant seeks to
				introduce new evidence in support of its appeal, the appellant shall provide an
				offer of proof as part of the notice of appeal which shall contain the
				following information:
(1) a summary of what
				the evidence is expected to show and why it is relevant to the appeal;
(2) the nature or form of such
				evidence, i.e., whether the evidence is documentary or testimonial or both;
(3) the reason(s) why such evidence
				could not have been presented to the Commissioner or State Fire Marshal; and
(4) copies of any documents which
				the appellant proposes to offer as new evidence. At the hearing, the Appeals
				Panel shall determine, by majority vote, whether it will accept the new
				evidence or remand the proceeding to the Commissioner or State Fire Marshal for
				consideration of such evidence. Written testimonial evidence shall not be
				admitted into the record unless the author of such testimony is available for
				cross-examination or subject to subpoena, except for good cause.