Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS
- § 096-40-1 - Scope of Regulations
- § 096-40-2 - Presiding Officer
- § 096-40-3 - General Conduct of Hearing
- § 096-40-4 - Commencement of Proceedings
- § 096-40-5 - Response to Notice
- § 096-40-6 - Evidence
- § 096-40-7 - Consent Order - Procedures
- § 096-40-8 - Action by Board when not in Session
- § 096-40-9 - Record
- § 096-40-10 - Orders
- § 096-40-11 - Pleadings
- § 096-40-12 - Time Extension of Time Within Which to Comply with Orders
- § 096-40-13 - Copies of Record
- § 096-40-14 - Signing of Pleading
- § 096-40-15 - Effective Date
SUMMARY: The Board of Environmental Protection may at its discretion conduct enforcement hearings. These rules provide for a presiding officer and his powers, general conduct of the hearing, notice, commencement of proceedings, response to notice, evidence, offer of proof, record, Board actions, consent agreements and other necessary functions for equitable enforcement proceedings. They clearly state the rights, obligation and responsibilities of both the alleged violator and the Department. These rules are intended to secure the just, speedy and inexpensive determination of enforcement action.
BASIS STATEMENT
The Department of Environmental Protection may conduct an enforcement hearing on any alleged violation. These rules provide for the equitable conduct of hearing as well as the basis for communication between the alleged violator and the Staff of the Department. In addition to protect the rights of the alleged violator and provide alternative means of setting enforcement actions.
Notes
Amended February 8, 1978
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 8, 1996
AUTHORITY: 38 M.R.S.A., Section343
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