LD 1588
pg. 11
Page 10 of 21 PUBLIC Law Chapter 330 Page 12 of 21
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LR 379
Item 1
 
B. A responsible party to whom such an order is directed
may apply to the board for a hearing on the order if the
application is made within 10 working days after receipt of
the order by a responsible party. The board shall appoint
an independent hearing examiner to hold a hearing as soon as
possible after receipt of the application. Within 15 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 must be 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that the order should be modified or rescinded. Within 7
days after the hearing, the hearing examiner shall make
findings of fact. The board shall vote to accept, reject or
modify the findings of the hearing examiner at the next
regularly scheduled board meeting and shall continue, revoke
or modify the commissioner's order. The decision of the
board may be appealed to the Superior Court in accordance
with the Maine Administrative Procedure Act, Title 5,
chapter 375, subchapter VII 7.

 
Sec. 23. 38 MRSA §569-A, sub-§2, as amended by PL 2003, c. 551, §§15
and 16, is further amended by amending the first blocked
paragraph to read:

 
All 3rd-party damage claims for which no determination of award
has been made or that have not been referred to a board of
arbitration must be processed in accordance with the substantive
and procedural provisions of this section.

 
Sec. 24. 38 MRSA §579 is enacted to read:

 
§579.__Regional greenhouse gas initiative

 
The department may participate in the regional greenhouse gas
initiative as described in the climate action plan required in
section 577.

 
Sec. 25. 38 MRSA §1296, 2nd and 3rd ¶¶, as enacted by PL 1997, c. 375,
§14, are amended to read:

 
An order issued under this section must contain findings of
fact describing, insofar as possible, the site of the activity

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