What can I expect at the hearing?

The Board Chairman will:

a. Read the Hearing Notice completely, as published. Confirm applicant is present.

b. Request Secretary affirm the Board’s authority to hear the appeal/request and identify any bases of law which may apply to the matter. The Secretary will affirm whether the hearing is de novo or appellate and state the meaning of the hearing type.

c. Invite the CEO to explain the circumstances causing the request/appeal.

d. State to the applicant: "You, or your designated agent, may now make a presentation, or rest with what you submitted in your application.”

e. If the applicant rests, or when the presentation is concluded, state:“Is there anyone present wishing to speak: in favor of this application? in opposition to this application? about the application in any way?”

f. After any speaker(s), invite the applicant to make rebuttal or other pertinent comment.

f. Open Board discussion. Invite CEO/applicant/public comment, as appropriate.

g. When Board discussion is complete, ask the pleasure of the Board (an affirmative motion is the only proper order).

“Is there a motion for this appeal/request?”
(Secretary will propose appropriate motion language). A Board member will move.
“Is there a second?”

State: “Motion is moved by __________ and seconded by____________.

Discussion on the Motion?
Roll Call Vote: In favor? Opposed? Abstention?
All in favor signify by saying Aye. All opposed? Any abstentions?

The vote being ____ in the affirmative; ____ in the negative; with ____ abstention(s), the motion does (not) carry.”

h. After the Board vote, state: “Any aggrieved party with legal standing may appeal this decision to the York County Superior Court in accordance with Maine Rules of Civil Procedures Section 80B, within forty-five (45) days from this date. Every effort will be made to publish the findings of fact within seven days of tonight's hearing.”

i. Invite Secretary to state findings of facts.

Secretary will invite additional items/comment from Board members, applicant(s), and members of the public, then call for a motion to approve.

j. Invite Secretary to state conclusions of law.

Secretary will invite additional items/comment from Board members, applicant(s), and members of the public then call for a motion to approve.

k. Invite the applicant to sign the appeal document and sign on behalf the Board.