| | | 3.__Penalty.__May levy a civil penalty pursuant to section | | 1171-B, subsection 3; |
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| | | 4.__Award costs.__Shall award costs and attorney's fees | | pursuant to section 1173; |
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| | | 5.__Interim order.__Shall levy a civil penalty pursuant to | | section 1171-B, subsection 3 when a party to a complaint under | | this subchapter is found to have recklessly or knowingly failed, | | neglected or refused to comply with an interim order issued by | | the board; and |
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| | | 6.__Procedures.__May appoint persons to be present at the | | deposition of out-of-state witnesses, administer oaths, issue | | subpoenas to compel the presence of witnesses or documents and | | authorize stenographic or recorded transcripts of proceedings. |
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| | | §1188-A.__Prehearing conference |
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| | | Prior to hearing a complaint, but not later than 45 days after | | the filing of the complaint, the board shall require the parties | | to attend a prehearing conference with the chair to discuss the | | possibility of settlement.__If the matter is not resolved through | | the conference, the matter must be placed on the board's calendar | | for hearing.__Settlement conference discussions remain | | confidential and may not be disclosed or used as an admission in | | any subsequent hearing. |
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| | | The board shall hold a hearing on the merits of a complaint | | within 120 days of the filing of the complaint.__The hearing must | | be conducted pursuant to rules established by the board.__A | | decision must be issued within 30 days of the completion of the | | hearing.__The board shall determine the location of hearings. |
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| | | The parties to a hearing conducted pursuant to this subchapter | | are permitted to conduct and use the same discovery procedures as | | provided in the Maine Rules of Civil Procedure, subject to any | | amendments to the rules as the board might adopt to secure that | | discovery is expedited. |
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| | | Compliance with discovery procedures authorized by this | | section and by rule may be enforced by application to the board | | or on the board's own motion. |
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