LD 1588
pg. 13
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LR 379
Item 1

 
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.

 
Sec. 28. 38 MRSA §1306, sub-§4, as enacted by PL 2003, c. 150, §1, is
amended to read:

 
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).

 
Sec. 29. 38 MRSA §1310, 3rd ¶, as repealed and replaced by PL 1979,
c. 699, §16, is amended to read:

 
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.

 
Sec. 30. 38 MRSA §1310, 4th ¶, as amended by PL 1987, c. 192, §27, is
further amended to read:

 
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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