LD 2584
pg. 2
Page 1 of 5 An Act to Establish an Appeals Process for License Denial Under Limited-entry F... Page 3 of 5
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LR 4028
Item 1

 
fishing licenses, 2 members holding elver fishing licenses and 2
members holding sea urchin harvesting licenses.

 
A board member serves for a 3-year term and continues serving
until a successor is appointed.__A member may not serve for more
than 2 consecutive terms.__In the case of a vacancy, the
commissioner shall fill promptly the vacancy.__Members are
compensated as provided in Title 5, chapter 379.

 
5.__Meetings; powers and duties.__The commissioner shall
convene a meeting of the board within 30 days of receipt of a
written request for review of a license denial.__The commissioner
shall select 3 members of the board to preside over each appeal
as follows:

 
A.__One of the public members;

 
B.__One of the members licensed under this Part to engage in
commercial harvesting activities in a limited-entry fishery
not related to the license for which the appeal is
requested; and

 
C.__One of the members licensed under this Part to engage in
commercial harvesting activities in the limited-entry
fishery for which the appeal is requested.

 
A quorum of 3 members is required to begin a meeting or take any
action.__The board shall make a written recommendation to the
commissioner regarding the issuance of a license.__The board may
recommend that the commissioner issue a license only if the board
finds that the applicable criteria in subsection 7 or 8 are met.__
The commissioner shall make the final decision to approve or deny
the appeal.

 
6.__Appeals process.__A person appealing a license denial
under this section must request the review in writing.__The board
shall hold a hearing on the appeal if a hearing is requested in
writing within 10 days of the initial request. If a hearing is
requested, it must be held within 30 days of the request unless a
longer period is agreed to by all parties in writing, and the
hearing must be conducted in the Augusta area.

 
A hearing held under this subsection is informal.__At the
hearing, the appellant may present any evidence concerning the
criteria listed in subsection 7 or 8 that might justify issuing a
license to the person, and the board may request any additional
information the board considers necessary. Any medical
information provided as part of the appeal is a confidential
record for the purposes of Title 1, section 402, subsection 3,
paragraph A.


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