Maine Revised Statutes Title 5 Sec. 9059 – Record
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1. Record. In an adjudicatory proceeding, the agency shall make a record consisting of:
A. All applications, pleadings, motions, preliminary and interlocutory rulings and orders; [PL 1977, c. 551, §3 (NEW).]
B. Evidence received or considered; [PL 1977, c. 551, §3 (NEW).]
C. A statement of facts officially noticed; [PL 1977, c. 551, §3 (NEW).]
D. Offers of proof, objections and rulings thereon; [PL 1977, c. 551, §3 (NEW).]
E. Proposed findings and exceptions, if any; [PL 1977, c. 551, §3 (NEW).]
F. The recommended decision, opinion or report, if any, by the presiding officer; [PL 1977, c. 551, §3 (NEW).]
G. The decision of the agency; and [PL 1977, c. 551, §3 (NEW).]
H. All staff memoranda submitted to the members of the agency or other presiding officers by agency staff in connection with their consideration of the case, except memoranda of counsel to the agency. [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 9059
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Statute: A law passed by a legislature.
2. Hearings recorded. The agency shall record all hearings in a form susceptible to transcription. Portions of the record as required and specified in subsection 1 may be included in the recording. The agency shall transcribe the recording when necessary for the prosecution of an appeal.
[PL 1977, c. 551, §3 (NEW).]
3. Record; copies. The agency shall make a copy of the record, including recordings made pursuant to subsection 2, available at its principal place of operation, for inspection by any person during normal business hours; and shall make copies of the record, copies of recordings or transcriptions of recordings available to any person at actual cost. Notwithstanding the provisions of this subsection, the agency shall withhold, obliterate or otherwise prevent the dissemination of any portions of the record which are made confidential by state or federal statute, but shall do so in the least restrictive manner feasible.
[PL 1977, c. 551, §3 (NEW).]
4. Decision on the record. All material, including records, reports and documents in the possession of the agency, of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the record and no other factual information or evidence shall be considered in rendering a decision.
[PL 1977, c. 551, §3 (NEW).]
5. Documentary evidence. Documentary evidence may be incorporated in the record by reference when the materials so incorporated are made available for examination by the parties before being received in evidence.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).