039 REAL ESTATE COMMISSION

Chapter 350: ADJUDICATORY HEARINGS

1. SUMMARY: This rule establishes policies, guidelines and procedures relating to adjudicatory proceedings which come before the Commission.

SECTION 1. Hearings in General

Commission hearings shall conform to the Maine Administrative Procedure Act, Title 5, Chapter 375 of the Maine Revised Statutes.

SECTION 2. Duties and Responsibilities of the Chairperson

The Chairperson or an alternate designated by the Commission shall preside at a hearing in a manner affording consideration of fair play and compliance with the constitutional requirements of due process. The Chairperson or their alternate shall also have authority to:

1. 1. Hold pre-hearing conferences;
2. 2. Issue subpoenas requested by the parties;
3. 3. Place witnesses under oath;
4. 4. Take action necessary to maintain order;
   1. 5. Rule on motions and procedural questions arising during the hearing;
5. 6. Call recesses or adjourn the hearing; and
6. 7. Prescribe and enforce general rules of conduct and decorum.

   SECTION 3. Role of Commission Members

The members collectively shall be responsible for reviewing evidence and hearing testimony and argument in order to:

1. 1. Determine whether or not the alleged conduct was supported by the evidence;
   1. 2. Determine whether or not the conduct was a violation of 10 M.R.S. § 8003(5-A)(A), Title 32, Chapter 114 of the Maine Revised Statutes, or Commission rules;
   2. 3. Determine and impose appropriate sanctions; and
   3. 4. Determine whether or not to issue cease and desist orders, and to issue such orders.

SECTION 4. Intervention

An application for intervention in a Commission proceeding shall be filed, except for good cause shown, at least seven (7) days in advance of the scheduled hearing. Rulings by the Chairperson shall be subject to the provisions of 5 M.R.S. § 9054.

SECTION 5. Order of Proceedings

The order of proceedings, unless modified by the Chairperson or alternate designated to facilitate the hearing, shall be as follows:

1. 1. The party bringing the action may offer an opening statement;
   1. 2. The party defending against the action may offer an opening statement;
   2. 3. The party presenting evidence in support of the action may offer their case;
   3. 4. The party defending against the action may cross examine each witness;
   4. 5. The party defending against the action may offer their case;
   5. 6. The party in support of the action may cross examine each witness; and
   6. 7. Each party may offer a closing statement.

SECTION 6. Subpoenas

A party shall be entitled to the issuance of subpoenas in the name of the Commission subject to the provisions of 5 M.R.S. § 9060. Subpoenas shall be requested, except for good cause, at least ten (10) days in advance of a scheduled hearing. Subpoenaed witnesses shall be paid the same fees for attendance and travel as in civil cases before the courts. Fees shall be paid by the party requesting the subpoenas when the request is submitted.

SECTION 7. Appeals of Director's Decisions

The decision of the Director to (A) deny a license or renewal; or (B) deny, suspend or revoke approval of a qualifying educational course or a continuing education course

may be appealed and set for a hearing before the Commission. The request for an appeal shall be made in writing within thirty (30) days following the receipt of the decision of the Director.

SECTION 8. Notice of Hearings

Notice of a hearing shall be given to all parties at least ten (10) days prior to the date on which the hearing is to be held.

STATUTORY AUTHORITY: 5 M.R.S. §§ 9054, 9060; 10 M.R.S. § 8003(5-A); 32 M.R.S. §§ 13062, 13065(8), 13068, 13069

EFFECTIVE DATE:

AMENDED:

April 17, 1989 - Section 3

EFFECTIVE DATE (ELECTRONIC CONVERSION):

October 22, 1996

AMENDED:

October 4, 1999

APAO ACCESSIBILITY CHECK: October 17, 2025 (no issues detected)

REPEALED AND REPLACED:

October 26, 2025 – filing 2025-206