16 - Department of Public Safety

219 - Department of Public Safety, (The Commissioner's Office)

Chapter 39 Adjudicatory and Licensing Proceedings

SUMMARY: The following are rules of practice governing the conduct of all adjudicatory and licensing proceedings conducted before the Commissioner of Public Safety.

1. Notice of Hearing

Notice of all adjudicatory and licensing proceedings shall be given in accordance with the applicable statute. In the event that such statute does not specify the manner and method of notice, section 9052 of the Administrative Procedure Act shall apply.

2. Contents of Notice

Notice shall consist of the following:

A. A statement of the legal authority and jurisdiction under which the proceeding is being conducted; B. A reference to the particular substantive statutory and rule provisions involved; C. A short and plain statement of the nature and purpose of the proceeding and of the matters asserted; D. A statement of the time and place of the hearing, or the time within which a hearing may be requested; E. A statement of the manner and time within which evidence and argument may be submitted to the agency for consideration, whether or not a hearing has been set; and F. When a hearing has been set, a statement of the manner and time within which applications for intervention under section 9054 may be filed.

3. Conduct of Hearings

A. Hearings shall be scheduled by the Commissioner without undue delay. B. Continuances of hearings may be granted only for good cause and are discretionary with the Commissioner.

C. The conduct and decorum of hearings shall be under the full and exclusive control of the Commissioner.

D. Persons may be represented by counsel or other representative in a hearing before the Commissioner and any of his deputies or designees.

4. Hearings Recorded

All hearings shall be recorded in a form susceptible to transcription.

5. Ex Parte Communication

No hearing officer shall communicate directly or indirectly, in connection with any issue involved in a hearing, with any person, except upon notice and opportunity for all parties to participate.

6. Presentation of Evidence, Official Notice

A. Persons may present evidence bearing directly on the issues involved in the hearing, may call and examine witnesses and make oral cross-examination. B. All witnesses shall be sworn. C. The Maine Rules of Evidence shall not control the admissibility of evidence at these hearings, but evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. The rules of privilege recognized by law shall be observed. D. Hearsay is admissible, but cannot serve as the sole basis of a decision. E. The hearing officer may take official notice of nonconfidential records maintained by the Commissioner, e.g. accident reports, affidavits, etc. Parties shall be notified of the material so noticed and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed. Facts officially noticed shall be included and indicated as such in the record.

7. Right of Subpoena

A person shall be entitled to the issuance of subpoena in the name of the Commissioner to require the attendance and testimony of witnesses and the production of evidence relating to an issue of fact.

8. Record

A. The hearing officer shall make a record consisting of:

1) A brief statement by the hearing officer of the issues involved;

2) Evidence received or considered;

3) A statement of facts officially noticed;

4) offers of proof, objections and rulings thereon;

5) Proposed findings and exceptions, if any;

6) The recommended decision, opinion or report, if any, by the presiding officer;

7) Staff memoranda;

8) The decision of the agency.

B. Copies of recordings, transcriptions of recordings and copies of the full record shall be available to any person at actual cost.

C. All material, including records, reports and documents in the possession of the Commissioner, which the hearing officer utilizes as evidence in making a decision shall be offered and made a part of the record and no other factual information or evidence shall be considered in rendering a decision.

9. Decisions

A. Decisions shall be in writing or stated in the record, and shall include findings of fact sufficient to apprise the person involved of the basis for the decision.

B. A copy of the decision shall be delivered or promptly mailed to the person involved and his representative.

10. Notice of Right to Appeal

Whenever a party has a statutory right of appeal to the Superior Court of an adverse decision by the Commissioner, such right of appeal shall be stated in the Commissioner's decision.

AUTHORITY: 5. M.R.S.A. Sec. 8051

EFFECTIVE DATE: July 24, 1978

EFFECTIVE DATE (ELECTRONIC CONVERSION): MAY 15, 1996