Section 250-14-7 - Decisions, Penalties and Fees1. Decision. A. Only matters appearing on the record in the form of testimony, documentary or other properly submitted evidence, and judicially noticed material may form the basis for the Board's decision. All decisions shall be reached on the basis of a preponderance of the evidence. The decision of the Board is final as to all factual and legal issues presented.B. Every decision made at the conclusion of a hearing subject to this chapter shall be in writing and shall include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision.C. A copy of the decision shall be delivered or promptly mailed to each party to the proceeding or his representative of record. Written notice of the party's right to review of the decision or for a hearing before the Superior Court, and of the action required and the time within which such action must be taken in order to exercise the right of review, shall be given to each party with the decision.D. The Board shall maintain a record of the vote of each Board member with respect to the decision. For the purpose of rendering a decision, five members of the board, including the Chair, shall constitute a quorum.E. The Chair will vote only as necessary to break an impasse.F. A party aggrieved by a final Board order may immediately appeal that decision to the Superior Court pursuant to the Maine Administrative Procedure Act and the Maine Rules of Civil Procedure.2. Penalties and Fees. The Board shall levy civil penalties as prescribed by Maine Law including Tit. 10 M.R.S.A. §§ 1171 and 1188, if the board determines after a proceeding conducted in accordance with 10 M.R.S.A. §§1171 et seq. and these Rules, that a manufacturer or distributor is violating or has violated any provision of the law. The Board shall levy a civil penalty of not less than $1,000, nor more than $10,000 for each violation. The Board shall determine the amount based upon:
A. The seriousness of the violation, including the nature, circumstances, extent and gravity of the prohibited acts and the harm or potential harm to the safety of the public;B. The economic damage to the public caused by the violation;C. Any previous violations;D. The amount necessary to deter future violations;E. Efforts made to correct the violation; andF. Any other matters that justice may require.3. Costs and Attorney and Authorized Agent Fees. The Board may award costs and attorney's fees under the Act. A party seeking them shall file a Motion for Payment of costs with supporting documentation and the attorney's or authorized agent's statement of fees. The Party from whom payment is sought shall file any opposition to the motion within ten days of receipt. The Chair shall consider the Motion and statement along with any opposition to the granting of the motion and prepare a recommended decision for review by the Board. The Board's decision shall be mailed to the parties by regular mail. In determining whether to approve fees and costs, the Board will consider, among other factors, the hourly rate, the number of hours expended, the complexity of the issues and the experience of the attorney requesting the fees.
4. Appeal of Sanction Imposed by Board. Any decision or order of the board shall remain in full force and effect pending the outcome of the appeal or expiration of the decision or order imposed unless otherwise ordered by the Court.
29- 250 C.M.R. ch. 14, § 7