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working days after the hearing and vote.__The nature of the | hearing before the board is an appeal. At the hearing, all | witnesses shall 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 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. |
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| | Sec. 28. 38 MRSA §1306, sub-§4, as enacted by PL 2003, c. 150, §1, is | amended to read: |
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| | 4. Cathode ray tube disposal. After January 1, 2006, | Beginning 9 months after the department adopts rules pursuant to | section 1610, subsection 5, paragraph D, subparagraph (1), a | person may not dispose of a cathode ray tube in a solid waste | disposal facility. This subsection may not be construed to | affect existing laws, rules or regulations governing disposal of | cathode ray tubes in effect prior to January 1, 2006 the adoption | of rules pursuant to section 1610, subsection 5, paragraph D, | subparagraph (1). |
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| | Sec. 29. 38 MRSA §1310, 3rd ¶, as repealed and replaced by PL 1979, | c. 699, §16, is amended to read: |
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| | Service of a copy of the commissioner's findings and an order | shall 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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| | Sec. 30. 38 MRSA §1310, 4th ¶, as amended by PL 1987, c. 192, §27, is | further amended to read: |
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| | The person to whom the order is directed shall comply | immediately. An order may not be appealed to the Superior Court, | but a person to whom it is directed may apply to the board for a | hearing on the order if the application is made within 48 hours | 10 working days after receipt of the order by the person to whom | the order was directed. Within 5 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 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 decision of the board may be |
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