Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 15 - PENALTIES › Section 351-15-6 - Assessment of Forfeitures under 39-A M.R.S.A. section 324(2)

Current through 2024-29, July 17, 2024
1. Pursuant to
				39-A M.R.S.A.
				§152(7), the Maine
				Workers' Compensation Board delegates to the Executive Director or the
				Executive Director's designee the authority to assess forfeitures pursuant to
				§324(2).
2.
Procedures
				for Assessment of Forfeitures
A. Any
				party in interest may file a Petition for Forfeiture with the Abuse
				Investigation Unit pursuant to
				39-A M.R.S.A.
				§324(2)(A). A copy of
				the petition must be served by certified mail, return receipt requested, to the
				other parties named in the petition. A copy of the petition must be served upon
				the employer, employers' insurer, or group self-insurer.
B. No response to a petition filed under
				subsection A is required. It will be presumed by the Abuse Investigation Unit
				that all allegations are denied.
C.
				The Abuse Investigation Unit will investigate the allegations contained in the
				Petition for Forfeiture. As part of its investigation, the Abuse Investigation
				Unit shall require any and all interested parties to submit written evidence
				concerning the petition, including but not limited to position papers,
				depositions, and affidavits. The Abuse Investigation Unit will set forth a
				schedule for the submission of such evidence by the parties. Absent
				extraordinary circumstances, no testimonial hearing will be held.
D. The moving party's failure to file
				requested documentation by the date specified by the Abuse Investigation Unit
				or to request and receive an extension in a timely fashion, shall result in the
				dismissal of the petition. Failure by the defending party to file requested
				documentation by the date specified, or to request and receive an extension in
				a timely fashion, shall result in the allegations submitted in the petition
				being accepted as true and a forfeiture being assessed based on these accepted
				facts. Absent extraordinary circumstances, no more than one extension of time
				will be granted.
E. Voluntary
				dismissal of a Petition for Forfeiture at the moving party's request or by
				settlement agreement will not preclude the Abuse Investigation Unit from
				recommending the assessment of a forfeiture payable to the Workers'
				Compensation Board Administrative Fund pursuant to
				§324(2)(A)(1).
F. Upon
				completion of its investigation, the Abuse Investigation Unit will provide the
				Executive Director or the Executive Director's designee with a recommended
				disposition of the case, which may include a suggested forfeiture amount. The
				Executive Director or the Executive Director's designee will review the
				recommendation as well as the parties' contentions and will issue an order
				either granting, denying or dismissing the petition.
G. Orders assessing forfeitures will be based
				upon the results of the investigation and the written submissions of the
				parties. For purposes of determining whether a forfeiture will be assessed,
				circumstances beyond a party's control normally will not include turnovers in
				staff or problems with data processing systems which are of a short duration.
				In determining the amount of an assessed forfeiture, consideration will be
				given to prior forfeiture orders issued against the same party for similar
				offenses.
H. If a petition is
				granted, the employer or insurance carrier shall pay reasonable costs and
				attorney's fees related to the fine as determined by the Executive Director or
				the Executive Director's designee.