65- 407 C.M.R. ch. 110, § 1

Current through 2024-25, June 19, 2024
Section 407-110-1 - APPLICABILITY
A.Applicability

These rules shall govern all practice and procedure before the Commission under applicable laws of the State of Maine, unless otherwise directed by the Commission. Procedures not specifically addressed by these rules shall be governed by the Maine Rules of Civil Procedure and the procedural requirements of 5 MRSA §8001, et seq. and Title 35-A of the Maine Revised Statutes.

B.Liberal Construction

These rules shall be liberally construed to secure just, speedy and economic determination of all issues presented to the Commission.

C.Deviation or Waiver from Rules

To the extent permitted by law, where good cause appears, the Commission may permit deviation or waiver from this Chapter, the procedural requirements or deadlines of any other rule or order and the substantive requirements of any rule. It may permit deviation from procedural requirements insofar as it may find compliance therewith to be impracticable, inexpedient or unnecessary. To the extent possible, any request for a procedural deviation or waiver should be made in writing. In the case of a request for a substantive deviation from the requirements of another chapter of these rules, the request shall be in writing. The Commission may grant a request for a substantive deviation or waiver upon a finding of good cause or that compliance would be unduly burdensome and a finding that the deviation or waiver is not inconsistent with the purposes of the chapter or applicable statute from which the deviation or waiver is sought. This subsection shall not apply to any other rule where a conflicting waiver or modification procedure is provided.

D.Conflict with Statute or Constitution

These rules shall be construed, wherever possible, consistently with applicable statutory and constitutional authority. Where a conflict exists, statutory or constitutional authority shall prevail over these rules.

65- 407 C.M.R. ch. 110, § 1