Maine Revised Statutes

§229. Administrative procedures; hearings in general

1.    The superintendent may hold a hearing without request of others for any purpose within the scope of this Title.
[ 1973, c. 585, §12 (AMD) .]
2.    The superintendent shall hold a hearing:
A. If required by any provision of this Title, or [1969, c. 132, §1 (NEW).]
B. Upon written application for a hearing by a person aggrieved by any act or impending act, or by any report or order of the superintendent, other than an order for the holding of a hearing, or order on a hearing, or pursuant to such order, of which hearing such person had notice. [1987, c. 220, §1 (AMD).]
[ 1987, c. 220, §1 (AMD) .]
3.    Any such application must be filed with the superintendent within 30 days after such person knew or reasonably should have known of such act, impending act, failure, report or order, unless a different period is provided for by other applicable law, and in which case such other law shall govern. The application shall briefly state the respects in which the applicant is so aggrieved, together with the ground to be relied upon for the relief to be demanded at the hearing. The superintendent may require that the application be signed and sworn to.
[ 1987, c. 220, §2 (AMD) .]
4.    If the superintendent finds that the application is timely and made in good faith, that the applicant would be so aggrieved if his grounds are established and that such grounds otherwise justify the hearing, he shall hold the hearing within 30 days after filing of the application, or within 30 days after the application has been sworn to, whichever is the later date, unless in either case the hearing is postponed by mutual consent. The hearing shall be held in conformity with the provisions contained in the Maine Administrative Procedure Act, Title 5, chapter 375.
[ 1977, c. 694, §389 (AMD) .]
5.    Failure to hold the hearing upon application therefor of a person entitled thereto as provided shall constitute a denial of the relief sought, and shall be the equivalent of a final order of the superintendent on hearing for the purpose of an appeal under section 236.
[ 1973, c. 585, §12 (AMD) .]
6.    Pending the hearing and decision thereon, the superintendent may suspend or postpone the effective date of his previous action.
[ 1973, c. 585, §12 (AMD) .]
SECTION HISTORY
1969, c. 132, §1 (NEW). 1973, c. 585, §12 (AMD). 1977, c. 694, §389 (AMD). 1987, c. 220, §§1,2 (AMD).

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