Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 10 - RULES FOR THE AGRICULTURAL COMPLIANCE PROGRAM › Section 001-10-6 - NUTRIENT MANAGEMENT REVIEW BOARD

Current through 2024-29, July 17, 2024
1.
Appeals
The Nutrient Management Review Board shall hear appeals of
				  decisions made by the Commissioner pursuant to the Right to Farm Law ( 17
				  M.R.S.A. §2805 ) or the Manure Handling Law ( 17 M.R.S.A. §2701-B )
				  and may conduct information-gathering meetings for the purpose of facilitating
				  a complaint resolution process under the Right to Farm Law as provided by
				  section 6.3 below.
2.
Membership
When the subject matter of an appeal or complaint resolution
				  process under this section is other than manure or nutrient management, the
				  commissioner may, as provided by 7 M.R.S.A. §4203(2-A), appoint up to 3
				  temporary board members for the purposes of the appeal or information-gathering
				  meetings held for the purpose of facilitating the complaint resolution process
				  under the Right to Farm Law. At least one temporary member must have expertise
				  in the subject matter of the complaint and one temporary member must represent
				  the agricultural sector involved. The terms for temporary members expire when
				  the Nutrient Management Review Board determines that it has taken final action
				  on the appeal or complaint resolution process.
3.
Information Gathering
				Meetings
The Board may hold information gathering meetings in order to
				  facilitate a resolution of a complaint when the responsible party and the
				  Commissioner agree to request facilitation assistance from the Board. The Board
				  shall advise the responsible party in writing that agreement to request Board
				  facilitation shall constitute a waiver by the responsible party to an appeal to
				  the board.
A.
Timing of
				request
Board facilitation may occur only after the Department has
				  completed its complaint investigation.
B.
Goals of Board Facilitation
Board facilitation shall be for the purpose of assisting the
				  parties with working through an impasse, or resolving a few distinct issues
				  that are otherwise preventing the parties from implementing the recommendations
				  of the Department.
C.
Duties of the Board During Information Gathering Meetings
During an information gathering meeting held for the purpose
				  of facilitating the resolution of a complaint the Board shall review the facts
				  of the case, the findings of the Department, and the positions or arguments of
				  both parties and shall attempt to facilitate a resolution of the matter or of
				  distinct issues concerning the matter. The board may make recommendations for
				  further investigation, study, involvement of experts or other actions that it
				  determines may help to resolve the matter or any underlying issues. The board
				  may also advise either party, in confidence and apart from the other party, of
				  its assessment of that party's position. The Board shall not render an opinion
				  or ruling in the matter.
D.
Disqualification of the Nutrient Management Review Board from Hearing
				Appeal
The participation by the Board in an information gathering
				  process held for the purpose of facilitation of the resolution of a complaint
				  shall disqualify the Board from hearing an appeal in the same matter.