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 020-3-9 - Notice and Hearing

Current through 2024-29, July 17, 2024
A. After receipt of
				the complaint and after time for filing the response has elapsed, the Board
				shall provide all parties with notice and an opportunity to be heard and a
				written notice of any hearing shall be served on the parties in accordance with
				Rule 3. The notice shall include the time, date, and place of the hearing and,
				if notice is given to the public, the notice shall include a short statement as
				to the nature and subject matter of the proceeding. Parties may waive the right
				to this notice, by their attendance at the hearing without objection. Failure
				of a complainant, after notice, to attend such a hearing may be grounds for
				dismissal of the complaint and failure of a respondent to attend such a hearing
				may be grounds for entry of a default order against said respondent. Such
				dismissal or default shall be with prejudice unless a-reason for any other
				order is apparent and is stated in the order of dismissal or default. Such
				order shall be final unless the Board finds that such failure to attend the
				hearing is the result of excusable neglect.
B. Prospective witnesses shall be identified
				by the parties and their names and addresses shall be provided to the Board and
				to any opposing party prior to the hearing date. The Board may fix a time prior
				to the hearing before which witness lists must be filed and served. Any change
				in the list of prospective witnesses shall be communicated by each party to the
				other(s) and to the Board before the hearing date.
C. Complaints may be amended with permission
				of the Board Chairperson or presiding officer prior to or at the hearing and
				the Chairperson or presiding officer may order consolidation of
				complaints.
D. Rights of Parties -
				Any party shall have the right to be represented by counsel or by other
				representatives, to examine and cross-examine witnesses, and to offer
				documentary and other evidence.
E.
				stipulations may be offered with respect to any issue. The Chairperson or
				presiding officer shall allow oral argument with appropriate limitations, and,
				after consultation with the parties, may require briefs to be
				submitted.
F. Decision - The Board
				shall render a written decision within a reasonable time either dismissing the
				complaint or determining the appropriate remedy. Failure of the Board to render
				such a decision within 30 calendar days of the date of the final closing of the
				hearing shall be deemed a denial of the complaint. The Board may vacate a
				denial based on the Board's failure to render a written decision within 30 days
				if:
(1) the Board, despite due diligence, had
				been prevented from reaching a decision by circumstances beyond its control,
				and
(2) there is a likelihood that
				the Board will reach and render a decision within an additional 30 days.
The Board must act to vacate a denial within 10 calendar days
				  after the date the complaint is deemed denied. Failure of the Board to render a
				  written decision within 30 calendar days from the date the earlier denial was
				  vacated, shall be deemed a final dismissal of the complaint.