Section 096-200-8-33 - Enforcement and Compliance Orders Issued Under this ChapterA. Any enforcement or compliance order issued under this Chapter, except an emergency order as authorized by 38 M.R.S. §347-A(3) and for which the procedure is set forth in that section, shall be governed by this section. NOTE: This section does not apply to license orders of the Commissioner, which may be appealed as set forth in 38 M.R.S. §§ 344(2-A) and 346 and 06-096 C.M.R. ch. 2, §24.
B. Any order issued under this Chapter must contain findings of fact. Service of a copy of the Commissioner's order must be made by the Sheriff or Deputy Sheriff or by hand delivery by an authorized representative of the Department in accordance with the Maine Rules of Civil Procedure. The person to whom the order is directed shall comply immediately.C. A person to whom such an order is directed may apply to the Board for a hearing on the order if the application is made within 7 working days after receipt of the order by the person to whom the order was directed. Within 14 working days after receipt of the application, the Board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the Board Chair using any means for signature authorized in the Department's rules and published within 2 working days after the hearing and vote. The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn and the Commissioner shall first establish the basis for the order and for naming the person to whom the order was directed. The burden of going forward then shifts to the person appealing to demonstrate based upon a preponderance of the evidence, that the order should be modified or rescinded. The decision of the Board may be appealed to the Superior Court in accordance with 38 M.R.S. §346 and Title 5, chapter 375, subchapter 7. NOTE: A person to whom an order is directed also may appeal directly to the Superior Court pursuant to 38 M.R.S. §346(1) and Title 5, chapter 375, subchapter 7.
06-096 C.M.R. ch. 200, § 8-33