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fishing licenses, 2 members holding elver fishing licenses and 2 | members holding sea urchin harvesting licenses. |
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| 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. |
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| | 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: |
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| A.__One of the public members; |
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| 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 |
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| 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. |
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| 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. |
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| | 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. |
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| 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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