If the commissioner finds that a person certified to prepare nutrient management plans has failed to comply with section 4204, subsection 3, the commissioner may revoke that person’s certification in accordance with this section. [PL 1999, c. 530, §7 (NEW).]
1. Notice. The commissioner shall give written notice of a revocation immediately following a decision to revoke. A notice of revocation must state the reason the certification is being revoked and the effective date of the revocation and must inform the person of the hearing provisions under subsection 2 and the appeals process before the board.

[PL 1999, c. 530, §7 (NEW).]

Terms Used In Maine Revised Statutes Title 7 Sec. 4210

  • 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.
  • Board: means the Nutrient Management Review Board established in section 4203. See Maine Revised Statutes Title 7 Sec. 4201
  • 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
2. Hearing. A person receiving a notice of revocation under subsection 1 may request a hearing on that revocation. A request for a hearing must be in writing and must be made no later than 30 days after receipt of the revocation notice required under subsection 1. The commissioner shall notify the person of the date and location of the hearing.
A person may present evidence at a hearing that might justify reinstatement of the certification.

[PL 1999, c. 530, §7 (NEW).]

3. Decisions; appeal. Decisions of the commissioner must be in writing. The commissioner may reinstate the certification if the commissioner finds that the person has complied with section 4204, subsection 3. A person whose certification is revoked by the commissioner may appeal that decision to the board.

[PL 1999, c. 530, §7 (NEW).]

SECTION HISTORY

PL 1999, c. 530, §7 (NEW).