LD 1294
pg. 8
Page 7 of 10 An Act To Amend the Motor Vehicle Franchise Law Page 9 of 10
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LR 1735
Item 1

 
Prior to hearing a complaint, but not later than 45 days after
the filing of the complaint, the board shall require the parties
to attend a prehearing conference with the chair to discuss the
possibility of settlement.__If the matter is not resolved
through the conference, the matter must be placed on the board's
calendar for hearing.__Settlement conference discussions remain
confidential and may not be disclosed or used as an admission in
any subsequent hearing.

 
§1189.__Hearings

 
The board shall hold a hearing on the merits of a complaint
within 120 days of the filing of the complaint.__The hearing
must be conducted pursuant to rules established by the board.__
A decision must be issued within 30 days of the completion of
the hearing.__The board shall determine the location of
hearings.

 
§1189-A.__Discovery

 
The parties to a hearing conducted pursuant to this
subchapter are permitted to conduct and use the same discovery
procedures as provided in the Maine Rules of Civil Procedure,
subject to any amendments to the rules as the board might
adopt to secure that discovery is expedited.

 
Compliance with discovery procedures authorized by this
section and by rule may be enforced by application to the
board or on the board's own motion.

 
§1189-B.__Appeal

 
A party appealing an order of the board to the Superior
Court shall indicate in the appeal whether it is an appeal on
issues of law or on factual matters.

 
1.__Appeal as matter of law.__An order or decision may be
appealed solely on the basis that the board made an error of
law.__An order or decision appealed may not be set aside or
vacated except for an error of law.__Additional evidence may
not be heard or taken by the Superior Court on an appeal made
under this section.

 
2.__Appeal involving factual matters.__A party to a decision
by the board may appeal to the Superior Court for a hearing on
the merits of the dispute.__In any such hearing before the
Superior Court, all findings of fact of the board are presumed
to be correct unless rebutted by clear and convincing
evidence.

 
A copy of the decision, certified as true and accurate by


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