Administrative Hearing Request Packet - Maine

ADMINISTRATIVE HEARING REQUEST PACKET — MAINE

Hearing Request Cover Letter, Formal Request, Evidence Checklist, and Practice Guide

TABLE OF CONTENTS

1. Hearing Request Cover Letter
2. Formal Request for Administrative Hearing
3. Statement of Issues / Grounds for Hearing
4. Agency Identification
5. Filing Instructions
6. Deadlines and Timeline
7. Discovery and Evidence Rules
8. Pre-Hearing Conference Procedures
9. Hearing Procedures and Rules of Evidence
10. Post-Hearing Briefs and Procedures
11. Appeal Rights from Administrative Decision
12. Document Checklist
13. Practice Tips for Administrative Hearings
14. Sources and References

1. HEARING REQUEST COVER LETTER

[__/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / FIRST CLASS MAIL]

[________________________________]
[Agency Name]
[________________________________]
[Agency Division / Bureau / Division of Administrative Hearings]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

RE:     Request for Administrative Hearing
        Petitioner: [________________________________]
        Agency Case/Docket No.: [________________________________]
        Agency Action Date: [__/__/____]
        Type of Action: [________________________________]

Dear [Hearing Officer / Commissioner / Agency Administrator]:

        Pursuant to the Maine Administrative Procedure Act, 5 M.R.S.A.
§ 8001 et seq., and specifically the provisions governing adjudicatory
proceedings at 5 M.R.S.A. §§ 9051-9064, the undersigned hereby requests
an administrative hearing to challenge the agency action described above.

        On [__/__/____], the [________________________________] [Agency Name]
issued a [________________________________] [describe: denial, revocation,
suspension, penalty, adverse determination, etc.] regarding
[________________________________] [describe the license, benefit, permit,
right, or other matter at issue]. The Petitioner received notice of this
action on [__/__/____].

        The Petitioner respectfully requests that a hearing be scheduled
to adjudicate the following issues:

        1. [________________________________]
        2. [________________________________]
        3. [________________________________]

        [If applicable:] The Petitioner also requests a stay of the agency
action pending the outcome of the hearing. Enforcement of the agency
action before a hearing will cause irreparable harm because
[________________________________].

        Enclosed with this letter are the following documents:

        1. Formal Request for Administrative Hearing
        2. Copy of the agency notice/decision being challenged
        3. Statement of Issues and Grounds for Hearing
        4. Supporting exhibits [if permitted at filing stage]
        5. Proof of service upon the agency
        6. [Filing fee / Fee waiver request, if applicable]

        Please confirm receipt of this filing and provide the assigned
case number and hearing date. Please direct all correspondence
regarding this matter to:

        [________________________________]
        [Attorney/Representative Name]
        [________________________________]
        [Firm/Organization Name]
        [________________________________]
        [Street Address]
        [________________________________]
        [City, State, ZIP Code]
        Telephone: [________________________________]
        Email: [________________________________]
        Bar Number: [________________________________]

                                        Respectfully submitted,

                                        ________________________________
                                        [Name]
                                        [Title/Capacity]
                                        Date: [__/__/____]

Enclosures: [____] documents
cc:     [Agency Counsel / Assistant Attorney General]
        [Other Parties]

2. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

STATE OF MAINE

REQUEST FOR ADJUDICATORY HEARING

IN THE MATTER OF:

SECTION A: PETITIONER INFORMATION

Full Legal Name: [________________________________]

Mailing Address: [________________________________]

City: [________________________________] State: [____] ZIP: [__________]

Telephone: [________________________________]

Email Address: [________________________________]

Represented by Attorney: ☐ Yes ☐ No

If yes:

• Attorney Name: [________________________________]
• Firm Name: [________________________________]
• Bar Number: [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

SECTION B: AGENCY ACTION BEING CONTESTED

Identify the agency action you are challenging:

☐ Denial of License or Permit Application
☐ Revocation of License or Permit
☐ Suspension of License or Permit
☐ Refusal to Renew License or Permit
☐ Imposition of Fine or Penalty
☐ Denial or Termination of Benefits
☐ Environmental Enforcement Action
☐ Professional Disciplinary Action
☐ Regulatory Enforcement Order
☐ Other: [________________________________]

Date of Agency Action: [__/__/____]

Date You Received Written Notice: [__/__/____]

Agency Case or Reference Number: [________________________________]

Describe the agency action in detail:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION C: STATUTORY BASIS FOR HEARING REQUEST

Identify the statute or regulation providing the right to a hearing:

☐ 5 M.R.S.A. § 9051 et seq. (General adjudicatory proceedings)
☐ 5 M.R.S.A. § 10001 et seq. (Licensing proceedings)
☐ Agency-specific statute: [________________________________]
☐ Other: [________________________________]

SECTION D: GROUNDS FOR HEARING

State the specific reasons why you believe the agency action is incorrect, unlawful, or should be reversed:

1. [________________________________]
   [________________________________]

2. [________________________________]
   [________________________________]

3. [________________________________]
   [________________________________]

4. [________________________________]
   [________________________________]

SECTION E: RELIEF REQUESTED

☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance or renewal of the license/permit applied for
☐ Reinstatement of benefits
☐ Remand to the agency for further proceedings
☐ Stay of the agency action pending hearing
☐ Other: [________________________________]

SECTION F: REQUEST FOR STAY (IF APPLICABLE)

☐ The Petitioner requests that the agency action be stayed pending the outcome of the hearing.

Grounds for Stay:

1. Irreparable harm if the action is not stayed:
   [________________________________]
   [________________________________]

2. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

3. The stay will not harm the public interest:
   [________________________________]

4. Balance of equities favors a stay:
   [________________________________]

SECTION G: HEARING PREFERENCES

Preferred Hearing Format:
☐ In-person hearing
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Preferred Hearing Location: [________________________________]

Estimated Duration of Hearing: [________________________________]

Number of Witnesses Petitioner Intends to Call: [____]

Interpreter Required: ☐ Yes (Language: [________________]) ☐ No

ADA Accommodations Required: ☐ Yes (Specify: [________________________________]) ☐ No

SECTION H: VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify under penalty of perjury that the information contained in this Request for Administrative Hearing is true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________

Print Name: [________________________________]

Date: [__/__/____]

3. STATEMENT OF ISSUES / GROUNDS FOR HEARING

Issue 1: [________________________________]

Factual Basis:
[________________________________]
[________________________________]
[________________________________]

Legal Authority:
[________________________________] [cite statute, regulation, or agency rule]

Argument:
[________________________________]
[________________________________]
[________________________________]

Issue 2: [________________________________]

Factual Basis:
[________________________________]
[________________________________]
[________________________________]

Legal Authority:
[________________________________]

Argument:
[________________________________]
[________________________________]
[________________________________]

Issue 3: [________________________________]

Factual Basis:
[________________________________]
[________________________________]

Legal Authority:
[________________________________]

Argument:
[________________________________]
[________________________________]

4. AGENCY IDENTIFICATION

Maine Administrative Hearing Framework

Maine's administrative hearing system operates primarily through individual agencies and their designated hearing officers, rather than through a single centralized hearing office. The Maine Administrative Procedure Act (5 M.R.S.A. § 8001 et seq.) establishes the baseline procedural requirements for adjudicatory proceedings across all state agencies.

Key Features of the Maine System:

• Each agency typically designates a hearing officer or uses a presiding officer under 5 M.R.S.A. § 9062
• The Maine Department of Health and Human Services (DHHS) maintains a Division of Administrative Hearings for benefit and licensing matters
• Some agencies contract with independent hearing examiners
• The Attorney General's Office often represents agencies in contested proceedings

Common Agencies Conducting Administrative Hearings

Determining the Appropriate Filing Location

☐ Does the agency notice specify where to file the hearing request?
☐ Does the agency have its own hearing division or designated hearing officer?
☐ Does the enabling statute direct hearings to a specific body?
☐ Is the hearing conducted by the agency head, a board, or an independent hearing examiner?

IMPORTANT: Always check the agency notice of adverse action for specific filing instructions. Maine agencies vary significantly in their hearing request procedures.

5. FILING INSTRUCTIONS

General Filing Requirements

Under the Maine APA, a party must file a request for hearing within the time period specified by the applicable statute or agency rule. There is no single filing address for all administrative hearings in Maine.

Filing by Agency Type

DHHS Matters (MaineCare, TANF, Food Assistance):

Environmental Matters (DEP):

Professional Licensing Matters:

Tax Matters:

Filing Methods (General)

Service Requirements

☐ Serve a copy of the hearing request on the agency or its counsel (typically the Assistant Attorney General assigned to the agency)
☐ Serve all other parties identified in the agency notice
☐ File proof of service with the agency
☐ Retain copies of all filed documents for your records

6. DEADLINES AND TIMELINE

Filing Deadlines

Maine does not have a single uniform deadline for all administrative hearing requests. The deadline depends on the type of agency action and the governing statute:

CRITICAL: Always check the specific deadline stated in the agency's notice of adverse action. Maine law strictly enforces filing deadlines, and failure to file within the prescribed period may permanently waive the right to a hearing.

Hearing Scheduling Timeline

Notice Requirements (5 M.R.S.A. § 9052)

The agency must provide reasonable written notice of the hearing, including:

• Date, time, and place of hearing
• Nature of the proceeding and the issues
• The right to present evidence and argument
• The right to be represented by counsel
• The identity of the presiding officer
• Other procedural information

7. DISCOVERY AND EVIDENCE RULES IN ADMINISTRATIVE PROCEEDINGS

Statutory Authority: 5 M.R.S.A. § 9060

Subpoenas

Under 5 M.R.S.A. § 9060:

• The agency or presiding officer may issue subpoenas for the attendance of witnesses and the production of documents
• Subpoenas may be requested by any party
• Subpoenas are enforceable through the Superior Court
• A party seeking to quash a subpoena may move the presiding officer or the Superior Court
• Witness fees and mileage must be paid in accordance with court witness fee schedules

Discovery

Under 5 M.R.S.A. § 9060:

• The presiding officer may permit discovery in the same manner as provided in the Maine Rules of Civil Procedure
• Discovery is not automatic; it must be requested and approved by the presiding officer

• Available discovery methods include:
  ☐ Interrogatories
  ☐ Requests for production of documents
  ☐ Depositions (with leave of presiding officer)
  ☐ Requests for admissions

• The presiding officer has discretion to limit or deny discovery to prevent undue delay, burden, or expense

• Discovery disputes are resolved by the presiding officer

Pre-Hearing Document Exchange

• All documentary evidence to be offered at hearing should be provided to the opposing party and the hearing officer at least 7 days before the hearing (check agency-specific rules)
• Late-disclosed evidence may be excluded at the presiding officer's discretion
• Parties should exchange witness lists with a brief description of expected testimony before the hearing

Evidence Standards (5 M.R.S.A. § 9057)

• The agency or presiding officer shall admit evidence that is relevant and material
• The presiding officer is not bound by the technical rules of evidence applicable in courts
• Hearsay evidence is admissible but may be insufficient standing alone to support a finding of fact
• The presiding officer may exclude evidence that is irrelevant, immaterial, unduly repetitious, or unreliable
• Documentary evidence may be received in the form of copies or excerpts
• Official notice may be taken under 5 M.R.S.A. § 9058 of judicially noticeable facts, technical or scientific facts within the agency's specialized knowledge, and rules adopted by the agency

8. PRE-HEARING CONFERENCE PROCEDURES

Purpose and Authority

Under the Maine APA and agency-specific regulations, the presiding officer may schedule a pre-hearing conference to:

☐ Identify and simplify the issues in dispute
☐ Establish a schedule for discovery and pre-hearing submissions
☐ Determine the number of witnesses and estimated hearing duration
☐ Discuss stipulations of fact or law
☐ Address preliminary motions and procedural issues
☐ Explore settlement or mediation opportunities
☐ Set deadlines for witness lists and exhibit exchanges
☐ Rule on motions in limine (motions to exclude evidence)

Pre-Hearing Conference Procedures

• The presiding officer may schedule a conference on the officer's own motion or at the request of any party
• Conferences may be conducted in person, by telephone, or by video
• All parties or their representatives must attend
• The presiding officer will issue a pre-hearing order summarizing agreements and setting deadlines
• Failure to participate in the pre-hearing conference may result in sanctions

Disposition Without Full Hearing (5 M.R.S.A. § 9053)

The presiding officer may dispose of a contested case without a full hearing if:

• The parties agree to a consent order or settlement
• The case can be resolved on stipulated facts
• Summary disposition is appropriate (no genuine dispute of material fact)
• The party requesting the hearing fails to appear or prosecute

Pre-Hearing Submissions

Parties may be required to submit:

☐ Pre-hearing memorandum identifying issues, facts, and legal authorities
☐ Witness list with descriptions of expected testimony
☐ Exhibit list with copies of all documentary evidence
☐ Statement of stipulated facts
☐ Pre-hearing motions (motions to dismiss, motions in limine, etc.)
☐ Estimated hearing duration

9. HEARING PROCEDURES AND RULES OF EVIDENCE

Hearing Format

Under 5 M.R.S.A. §§ 9051-9064:

Open Hearings: Administrative hearings are generally open to the public unless confidentiality is required by statute or the presiding officer determines that closure is necessary to protect privacy or sensitive information.

Hearing Location: Hearings are typically held at the agency's offices or at a location designated in the notice of hearing.

Order of Proceedings

1. Opening of Record: The presiding officer convenes the hearing, identifies the parties, and states the matters at issue
2. Preliminary Matters: Address procedural issues, objections to evidence, and pending motions
3. Opening Statements: Each party provides a brief overview of their case
4. Presentation of Evidence — Agency's Case:
   - Direct examination of agency witnesses
   - Cross-examination by petitioner or counsel
   - Redirect examination (if any)
   - Introduction of documentary exhibits
5. Presentation of Evidence — Petitioner's Case:
   - Direct examination of petitioner's witnesses
   - Cross-examination by agency counsel
   - Redirect examination (if any)
   - Introduction of documentary exhibits
6. Rebuttal Evidence (at presiding officer's discretion)
7. Closing Arguments: Each party summarizes the evidence and applicable law
8. Close of Record: The presiding officer announces when the record closes

Rules of Evidence (5 M.R.S.A. § 9057)

• Relaxed evidence standard: The presiding officer is not bound by the formal rules of evidence used in court proceedings
• Relevance and materiality: Evidence must be relevant to the issues and material to the determination
• Hearsay: Admissible in administrative proceedings but may not be the sole basis for a finding of fact
• Privileges: Attorney-client, physician-patient, and other statutory privileges are maintained
• Official notice: The presiding officer may take official notice under § 9058, with opportunity for parties to contest
• Documentary evidence: May be received as copies or excerpts; originals may be required for authentication

Burden of Proof

• In enforcement actions (revocation, suspension, penalty), the agency typically bears the burden of proving the grounds for the action
• In application/licensing matters, the applicant may bear the burden of demonstrating eligibility or qualifications
• In benefit cases, the agency typically bears the burden of justifying a denial, reduction, or termination
• Standard of proof is generally preponderance of the evidence unless a specific statute provides otherwise

Presiding Officers (5 M.R.S.A. § 9062)

• The presiding officer may be an agency head, board member, or designated hearing examiner
• The presiding officer has authority to:
• Administer oaths and affirmations
• Rule on evidentiary objections and procedural motions
• Regulate the course of the hearing
• Question witnesses
• Issue subpoenas
• Take official notice
• Make or recommend decisions

Record of Proceedings (5 M.R.S.A. § 9059)

• The hearing is recorded and a record is maintained
• The record includes: testimony, exhibits, pleadings, motions, orders, and other documents filed
• A transcript may be prepared at the request and expense of any party
• The record serves as the basis for the decision and for judicial review

10. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Submissions

The presiding officer may permit or require post-hearing submissions:

☐ Post-hearing brief deadline: [__/__/____] (typically 10-30 days after hearing)
☐ Reply brief deadline: [__/__/____] (if permitted)
☐ Proposed findings of fact and conclusions of law
☐ Supplemental evidence (only with presiding officer permission and good cause)

Decisions (5 M.R.S.A. § 9061)

• The presiding officer or agency must issue a written decision that includes:
• Findings of fact based on the evidence in the record
• Conclusions of law applied to the findings of fact
• The order or disposition

• A statement of the parties' rights of appeal or further review

• Recommended (Proposed) Decisions: In some agencies, the hearing examiner issues a recommended decision to the agency head or board, which makes the final decision

• Final Decisions: In other agencies, the hearing examiner's decision is the final agency decision
• The decision must be based exclusively on the record established at the hearing (§ 9061)

Motion for Reconsideration

• A party may request reconsideration of a final agency decision
• The motion must be filed within the time specified in the decision or applicable agency rule (typically 10-30 days)
• The motion should identify specific errors of fact, law, or procedure
• Filing a motion for reconsideration may toll the deadline for judicial review

11. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review — 5 M.R.S.A. § 11001 et seq.

Who May Appeal:
Any person aggrieved by final agency action in an adjudicatory proceeding is entitled to judicial review under 5 M.R.S.A. § 11001.

Where to File:
Judicial review is sought in the Superior Court (or, in certain cases, the Business and Consumer Court) under Maine Rules of Civil Procedure, Rule 80C.

Filing Deadline:
The petition for judicial review must be filed within 30 days of receipt of the final agency decision (5 M.R.S.A. § 11002).

How to File (Rule 80C):

• File a complaint in Superior Court naming the agency as defendant
• Serve the complaint on the agency
• The agency must file the administrative record with the court
• Briefing schedules are set by the court

Standard of Review (5 M.R.S.A. § 11007)

The Superior Court reviews the agency decision under the following standards:

☐ Abuse of discretion — Did the agency act within its lawful authority?
☐ Error of law — Did the agency correctly interpret and apply the applicable statutes and rules?
☐ Unsupported by substantial evidence — Are the findings of fact supported by substantial evidence in the record?
☐ Arbitrary or capricious — Was the decision unreasonable or without rational basis?
☐ Procedural error — Did the agency follow required procedures?

The court does not make new findings of fact or substitute its judgment for the agency's on factual matters. The court may:

• Affirm the agency decision
• Reverse the agency decision
• Remand to the agency for further proceedings
• Modify the agency's order

Appeal from Superior Court

A party may appeal the Superior Court's decision to the Maine Supreme Judicial Court (Law Court) under 5 M.R.S.A. § 11008 and the Maine Rules of Appellate Procedure.

12. DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Obtained and reviewed the agency's adverse action notice
☐ Identified the applicable filing deadline
☐ Confirmed the correct filing location (specific agency address)
☐ Determined whether a filing fee is required
☐ Identified the applicable statute providing the right to a hearing
☐ Prepared the hearing request cover letter
☐ Completed the formal request for hearing
☐ Prepared the statement of issues and grounds
☐ Gathered supporting documentation
☐ Made copies of all documents
☐ Prepared proof of service
☐ Filed fee waiver request (if applicable)
☐ Retained copies of all filed documents

Filing Package Contents

☐ Cover letter with case identification
☐ Formal request for administrative hearing (signed and dated)
☐ Copy of the agency notice or decision being challenged
☐ Statement of issues / grounds for hearing
☐ Supporting exhibits and evidence list
☐ Request for stay of agency action (if applicable)
☐ Fee waiver application (if applicable)
☐ Proof of service on agency counsel (Assistant Attorney General)
☐ Notice of appearance for attorney or representative
☐ Authorization for representative (if non-attorney)

Pre-Hearing Checklist

☐ Received acknowledgment of filing and case number
☐ Received notice of hearing with date, time, and location
☐ Requested subpoenas for witnesses and documents (well in advance)
☐ Paid witness fees and mileage
☐ Exchanged documentary evidence with opposing party (at least 7 days before hearing)
☐ Prepared witness list with summaries of expected testimony
☐ Submitted pre-hearing memorandum (if required)
☐ Reviewed applicable statutes, regulations, and agency rules
☐ Prepared opening statement and closing argument outlines
☐ Confirmed hearing format and location
☐ Arranged for interpreter or ADA accommodations (if needed)
☐ Attended pre-hearing conference (if scheduled)
☐ Prepared exhibit binders with copies for all parties and presiding officer

Post-Hearing Checklist

☐ Filed post-hearing brief within deadline (if required or permitted)
☐ Filed proposed findings of fact and conclusions of law (if required)
☐ Received recommended or final decision from presiding officer
☐ Filed exceptions to recommended decision (if applicable)
☐ Received final agency decision
☐ Calculated deadline for judicial review (30 days from receipt)
☐ Filed Rule 80C complaint in Superior Court (if appealing)
☐ Ordered hearing transcript (if needed for appeal)
☐ Served complaint on agency

13. PRACTICE TIPS FOR ADMINISTRATIVE HEARINGS

Before Filing

1. Read the agency notice word for word. The notice should specify the filing deadline, filing location, and any required forms. Many Maine agencies have specific forms that must be used; filing without the correct form can delay or defeat your request.

2. Identify the correct agency and hearing body. Unlike some states, Maine does not have a single centralized Office of Administrative Hearings. Each agency administers its own hearing process. Contact the agency directly to confirm the filing address and procedures.

3. Determine the applicable filing deadline. Deadlines in Maine vary significantly by agency and case type — from 10 days for some motor vehicle matters to 60 days for DHHS benefits. Calculate the deadline carefully from the date you received written notice of the agency action.

4. Preserve all documents and communications. Immediately preserve all correspondence, emails, agency documents, and other materials related to the agency action. These will be critical evidence at the hearing.

5. Contact Pine Tree Legal Assistance or Maine Legal Aid if you cannot afford an attorney. These organizations provide free legal help in administrative matters involving benefits, housing, and other civil legal needs.

Preparing for the Hearing

6. Review the agency's specific hearing rules. Many Maine agencies have adopted rules of procedure for their hearings that supplement the APA. Check the Code of Maine Rules (CMR) for agency-specific procedural rules.

7. Organize your evidence thoroughly. Create labeled exhibit binders with tabs. Number or letter each exhibit. Prepare a master exhibit list. Bring enough copies for yourself, the opposing party, the presiding officer, and one extra.

8. Prepare witnesses carefully. Review testimony with each witness. Ensure witnesses understand that they will testify under oath and may be cross-examined. Prepare outlines of direct examination questions.

9. Know the applicable law. Review the statutes and regulations governing the agency's action. The presiding officer will expect you to identify and cite the applicable legal framework.

10. Exchange evidence on time. If agency rules require evidence exchange 7 days before the hearing, do not wait until the last day. Late evidence may be excluded.

At the Hearing

11. Address the presiding officer respectfully. Use "Mr./Ms. Hearing Officer" or as directed. Be courteous to agency counsel and agency witnesses.

12. Present your case clearly and concisely. Focus on the key facts and legal arguments. Do not repeat evidence unnecessarily.

13. Object to improper evidence. Even under relaxed evidence rules, you may object to evidence that is irrelevant, unreliable, or privileged. State the basis for your objection clearly and briefly.

14. Build the record. Every important fact should appear in the record through testimony or documentary evidence. If a document is important, introduce it as an exhibit and have a witness identify and explain it.

15. Take notes during the hearing. Note important testimony, rulings, and objections. These notes will be valuable for post-hearing briefs and any appeal.

After the Hearing

16. File post-hearing submissions promptly. If permitted or required, file your post-hearing brief by the deadline. Address the evidence presented and apply the law to the facts.

17. Review the decision immediately upon receipt. Note the deadline for any further administrative review (exceptions, reconsideration) and for judicial review in Superior Court.

18. Do not delay if you intend to appeal. The 30-day deadline to file a Rule 80C complaint in Superior Court is strictly enforced. Consult an attorney immediately if you are considering an appeal.

14. SOURCES AND REFERENCES

Statutes

• Maine Administrative Procedure Act — 5 M.R.S.A. §§ 8001-11116
• Adjudicatory Proceedings — 5 M.R.S.A. §§ 9051-9064
• Licensing Proceedings — 5 M.R.S.A. §§ 10001-10005
• Judicial Review — 5 M.R.S.A. §§ 11001-11008
• Maine Rules of Civil Procedure, Rule 80C (Review of Governmental Action)

Regulations

• Code of Maine Rules (CMR) — Agency-specific hearing regulations
• DHHS Administrative Hearings — 10-144 CMR ch. 332
• DEP Board of Environmental Protection — 06-096 CMR ch. 2

Agency Resources

• Maine Legislature Statutes: https://legislature.maine.gov/statutes/5/title5ch375sec0.html
• Maine Courts (for judicial review): https://www.courts.maine.gov
• DHHS Administrative Hearings: https://www.maine.gov/dhhs/about-us/administrative-hearings
• DEP Appeals: https://www.maine.gov/dep/publications/is-appeal.html

Legal Aid Resources

• Pine Tree Legal Assistance: https://www.ptla.org
• Maine Equal Justice: https://maineequaljustice.org
• Maine Volunteer Lawyers Project: https://www.vlp.org
• Maine State Law Library: https://legislature.maine.gov/lawlib

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary significantly among Maine state agencies. All deadlines, filing locations, and procedures must be verified with the specific agency that issued the adverse action. This template must be reviewed and customized by a qualified attorney licensed in Maine before use.

Last updated: 2026-03-07