1. Presiding officer. An agency may authorize any agency member, employee or agent to act as presiding officer in any hearing.

[PL 1977, c. 551, §3 (NEW).]

Terms Used In Maine Revised Statutes Title 5 Sec. 9062

  • 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.
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • 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. Substitute officer. Whenever a presiding officer is disqualified or it becomes impracticable for him to continue the hearing, another presiding officer may be assigned to continue with the hearing; provided that, if it is shown substantial prejudice to any party will thereby result, the substitute officer shall commence the hearing anew.

[PL 1977, c. 551, §3 (NEW).]

3. Presiding officer; duties. Subject to rules or limitations imposed by the agency, presiding officers may:
A. Administer oaths and affirmations; [PL 1977, c. 551, §3 (NEW).]
B. Rule on the admissibility of evidence; [PL 1977, c. 551, §3 (NEW).]
C. Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing of evidence, briefs and other written submissions; and [PL 1977, c. 551, §3 (NEW).]
D. Take other action authorized by statute or agency rule consistent with this subchapter. [PL 1977, c. 551, §3 (NEW).]

[PL 1977, c. 551, §3 (NEW).]

4. Report. In the event that the presiding officer prepares any report or proposed findings for the agency, the report or findings shall be in writing. A copy of the report or findings shall be provided to each party and an opportunity shall be provided for response or exceptions to be filed by each party.

[PL 1977, c. 551, §3 (NEW).]

SECTION HISTORY

PL 1977, c. 551, §3 (NEW).