Maine Revised Statutes Title 5 Sec. 9052 – Notice
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1. Notice of hearing. When the applicable statute or constitutional law requires that an opportunity for hearing shall be provided, notice shall be given as follows:
A. To the person or persons whose legal rights, duties or privileges are at issue, by regular mail, sufficiently in advance of the anticipated time of the decision to afford an adequate opportunity to prepare and submit evidence and argument, and to request a hearing if so desired; and [PL 1977, c. 551, §3 (NEW).]
B. In any proceeding deemed by the agency to involve the determination of issues of substantial public interest, to the public sufficiently in advance of the anticipated time of the decision to afford interested persons an adequate opportunity to prepare and submit evidence and argument, and to request a hearing if so desired. [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 9052
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
2. Hearing required. When a hearing is required by the applicable statute or by agency regulation, or has been requested pursuant to subsection 1, paragraph A, or has been set in an exercise of the agency’s discretion, notice shall be given as follows:
A. To the person or persons whose legal rights, duties or privileges are at issue, by regular mail, sufficiently in advance of the hearing date to afford an adequate opportunity to prepare and submit evidence and argument; and [PL 1977, c. 551, §3 (NEW).]
B. In any proceeding deemed by the agency to involve the determination of issues of substantial public interest, to the public sufficiently in advance of the hearing date to afford interested persons an adequate opportunity to prepare and submit evidence and argument and to petition to intervene pursuant to section 9054. [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
3. Notice to the public. Notice to the public shall be given:
A. By publication, at least twice in a newspaper of general circulation in the area of the state affected; [PL 1977, c. 551, §3 (NEW).]
B. By publication in any other trade, industry, professional or interest group publication which the agency deems effective in reaching persons who would be entitled to intervene as of right under section 9054, subsection 1; and [PL 1977, c. 551, §3 (NEW).]
C. In any other manner deemed appropriate by the agency. [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
4. Notice. Notice shall consist of:
A. A statement of the legal authority and jurisdiction under which the proceeding is being conducted; [PL 1977, c. 551, §3 (NEW).]
B. A reference to the particular substantive statutory and rule provisions involved; [PL 1977, c. 551, §3 (NEW).]
C. A short and plain statement of the nature and purpose of the proceeding and of the matters asserted; [PL 1977, c. 551, §3 (NEW).]
D. A statement of the time and place of the hearing, or the time within which a hearing may be requested; [PL 1977, c. 551, §3 (NEW).]
E. A statement of the manner and time within which evidence and argument may be submitted to the agency for consideration, whether or not a hearing has been set; and [PL 1977, c. 551, §3 (NEW).]
F. When a hearing has been set, a statement of the manner and time within which applications for intervention under section 9054 may be filed. [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
5. Cancellation or change of hearing. If a scheduled hearing is cancelled or postponed to a later date, the agency shall provide timely notice to the persons described in section 9051 and, if applicable, to the persons and localities listed in section 9051?A and other persons the agency is required to notify or customarily notifies of hearings.
[PL 1987, c. 653, §2 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1987, c. 653, §2 (AMD).