LD 1588
pg. 12
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LR 379
Item 1

 
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.

 
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or rescinded.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.

 
Sec. 26. 38 MRSA §1304, sub-§12, ¶C, as enacted by PL 1985, c. 746,
§29, is amended to read:

 
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.

 
Sec. 27. 38 MRSA §1304, sub-§12, ¶D, as amended by PL 1987, c. 192,
§26, is further amended to read:

 
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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