10- 144 C.M.R. ch. 231, § 1-B

Current through 2024-49, December 4, 2024

Section 144-231-1-B - ADVISORY RULING AND ADJUDICATORY PROCEEDINGS

A.Advisory Rulings as Authorized Pursuant to 5 M.R.S. §9001

1. Upon written request, the Department may render an advisory ruling with respect to the interpretation and/or applicability of a Drinking Water Law, Rule, or Procedure administered by the Department.

2. A request for an advisory ruling must be addressed to the Program Director, Drinking Water Program, Division of Environmental Health, Maine Center for Disease Control and Prevention, Department of Health and Human Services, 11 State House Station, Augusta, ME 04333-0011.

3. The Department may refuse to issue an advisory ruling if it may harm its interests in any litigation to which it may become a party.

4. An advisory ruling must be in writing and issued no more than 60 days from the date when the Department has received all information necessary for the ruling.

5. A verbal opinion is not an advisory ruling. Verbal opinions will not be considered binding upon the Department in any manner.

B.Adjudicatory Proceedings as Authorized Pursuant to 5 M.R.S. §9051

1. This section governs the means of appealing a decision made by the Department to the Fair Hearing Unit pertaining to an interpretation of the Department's Drinking Water Laws, Rules, or Procedures under 22 M.R.S. Chapter 601.

2. Appeals by a Public Water System are limited to appeals contending that a decision by the Department misapplies applicable laws, procedures, or rules; or is based upon a significant factual error to the detriment of the Public Water System.

3. Hearing requests shall be directed to the Director, Center for Disease Control and Prevention, 11 State House Station, Augusta, ME 04333-0011. The request shall state the specific issues being appealed. Within 14 days of its receipt, the Office Director shall forward the request for an administrative hearing to: Chief Hearings Officer, Office of Administrative Hearings, 11 State House Station, Augusta, ME 04333-0011. The request to the office of Administrative Hearings shall be accompanied by an administrative hearing report.

4. A hearing officer shall conduct the administrative hearing.

5. The hearing will be conducted pursuant to the rules of the Office of Administrative Hearings, as set forth in the Administrative Hearing Manual, and in conformity with the Administrative Procedure Act5 M.R.S. §8001, et seq.

6. A notice will inform the persons of the time, date, and place of the hearing. The hearing will be held in Augusta, unless otherwise noted. The hearing date will be at least 20 days following the date of the notice of the administrative hearing.

7. The hearing officer will issue a written decision of the administrative hearing to all parties.

8. Any person or party dissatisfied with the hearing officer's decision has the right of judicial review under the Maine Rules of Civil Procedure, Rule 80C.

10- 144 C.M.R. ch. 231, § 1-B