2012 Maine Revised Statutes
TITLE 22: HEALTH AND WELFARE
Chapter 601: WATER FOR HUMAN CONSUMPTION
22 §2620-A. Appeals

Subtitle 2: HEALTH

Part 5: FOODS AND DRUGS

Subchapter 2-A: SAFE DRINKING WATER ADMINISTRATIVE ENFORCEMENT HEADING: PL 1993, C. 678, §4 (NEW)

§2620-A. Appeals

Appeal of actions authorized under this section is governed by the following. [1993, c. 678, §4 (NEW).]

1. Due process generally. The commissioner shall comply with the Maine Administrative Procedure Act when imposing administrative penalties and issuing administrative compliance orders. A public water system against which an administrative penalty is assessed or an administrative compliance order is issued has a right to a hearing as provided under the Maine Administrative Procedure Act. The decision of a hearing officer is a final agency action subject to review in the Superior Court, as provided in Title 5, chapter 375, subchapter VII.

[ 1993, c. 678, §4 (NEW) .]

2. Effect on penalties. A public water system has 30 days from the date an administrative penalty is issued against it to pay the full amount of the penalty or to file a request for a hearing with the commissioner. If the public water system waives the right to or fails to request a hearing within 30 days, the administrative penalty is considered final. If a request for a hearing is filed within the 30 days, the following provisions apply.

A. Violations or penalties do not accrue from the date that the public water system files the request for a hearing to the date the hearing officer renders a decision. [1993, c. 678, §4 (NEW).]

B. Notwithstanding paragraph A, if the hearing officer finds that the appeal is frivolous, the violations or penalties accrue throughout the appeal period. [1993, c. 678, §4 (NEW).]

C. If an administrative hearing is held and a penalty is assessed at the conclusion of that hearing, the penalty becomes final 30 days after the decision. [1993, c. 678, §4 (NEW).]

[ 1993, c. 678, §4 (NEW) .]

SECTION HISTORY

1993, c. 678, §4 (NEW).