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and the danger to the public health or safety. Service of a copy | of the commissioner's findings and an order must be made pursuant | to 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. |
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| | The person to whom the order is directed shall comply | immediately and may apply to the board for a hearing on the order | if the application is made within 5 10 working days after receipt | of the order by a responsible party. The board shall hold the | hearing, make findings of fact and vote on a decision that | continues, revokes or modifies the order within 5 15 working days | after receipt of the application. 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 before the board 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 is 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person appealing to demonstrate, based upon a | preponderance of the evidence, that the order should be modified | or rescinded.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 board shall | make findings of fact and shall continue, revoke or modify the | order. The decision of the board may be appealed to the Superior | Court in accordance with Title 5, chapter 375, subchapter VII 7. |
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| | Sec. 26. 38 MRSA §1304, sub-§12, ¶C, as enacted by PL 1985, c. 746, | §29, is amended to read: |
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| C. Service of a copy of the commissioner's findings and an | order shall must be made by the sheriff or deputy sheriff or | by hand delivery by an authorized representative of the | department or by certified mailing, return receipt | requested, in accordance with the Maine Rules of Civil | Procedure. |
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| | Sec. 27. 38 MRSA §1304, sub-§12, ¶D, as amended by PL 1987, c. 192, | §26, is further amended to read: |
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| D. The person to whom the order is directed shall comply | immediately or within a specified time period. That person may | apply to the board within 10 working days after receipt of the | order for a hearing on the order. Within 15 working days after | receipt of the application, the board shall hold a hearing, make | findings of fact and continue, revoke or modify 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 |
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