Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of Maine — Maine Administrative Procedure Act (5 M.R.S. §§ 8001-11008)

CRITICAL DEADLINE AND PROCEDURAL NOTICE — READ BEFORE FILING

Maine's APA does not contain a general statutory provision granting parties an automatic right to petition an agency for reconsideration of its final decision in a contested case. Instead, reconsideration is governed by each individual agency's rules and regulations. Some Maine agencies expressly provide for reconsideration or rehearing; others do not. You must check the specific agency's enabling statute and regulations before filing.

Judicial review deadline under 5 M.R.S. § 11002: A petition for judicial review of final agency action must be filed in the Superior Court within 30 days after receipt of notice of the agency's final decision. If a petition for reconsideration is filed with the agency, the 30-day period may be tolled only if the agency's own rules so provide. Do not assume filing for reconsideration automatically tolls the judicial review deadline.

Maine Rule of Civil Procedure 80C: Judicial review of final agency action is commenced by filing a complaint in the Superior Court of the county where the plaintiff resides or has a principal place of business, or in Kennebec County. The complaint must be filed within 30 days of receipt of notice of agency action.

Practical effect: If the agency's rules do not provide for reconsideration or do not toll the judicial review deadline, you must file for judicial review under Rule 80C within 30 days even while seeking reconsideration from the agency. Confirm with counsel.

ABOUT THIS DOCUMENT

This Petition for Reconsideration is a formal request to a Maine state administrative agency to reconsider, modify, or vacate its final decision or order in a contested case. It is filed with the agency itself and is typically an optional step before seeking judicial review in the Superior Court under Rule 80C. Because Maine does not have a universal statutory reconsideration provision, this template must be adapted to the specific agency's procedural rules.

Common Maine agencies where this petition may be used:

• Maine Department of Environmental Protection (DEP) — environmental permits, enforcement
• Maine Department of Health and Human Services (DHHS) — MaineCare, licensing, child welfare
• Maine Department of Labor — unemployment compensation, wage and hour
• Maine Board of Licensure in Medicine — physician disciplinary actions
• Maine Bureau of Insurance — insurance regulatory matters
• Maine Department of Professional and Financial Regulation — professional licensing boards
• Maine Public Utilities Commission (PUC) — utility rate cases, energy regulation
• Maine Land Use Planning Commission (LUPC) — land use permits
• Maine Workers' Compensation Board — workers' compensation disputes
• Maine Department of Education — education regulatory matters
• Maine Department of Inland Fisheries and Wildlife — licensing, permits
• Maine Board of Environmental Protection — Chapter 2 rules on reconsideration
• Maine Human Rights Commission — discrimination complaints

GROUNDS FOR RECONSIDERATION CHECKLIST

(Grounds commonly recognized under Maine administrative law and agency-specific rules)

Check all grounds that apply:

☐ Error of Law — The agency misapplied or misinterpreted a statute, regulation, or controlling legal standard, including burden of proof or standard of proof

☐ Error of Fact / Unsupported by Substantial Evidence — The agency's findings of fact are not supported by substantial evidence in the record as a whole

☐ Newly Discovered Evidence — Material evidence has been discovered that was not available and could not reasonably have been discovered or presented at the hearing, even with due diligence

☐ Agency Exceeded Its Statutory Authority — The agency acted beyond the scope of the authority delegated to it by the Maine Legislature

☐ Decision Is Arbitrary, Capricious, or Characterized by Abuse of Discretion — The decision lacks a rational basis or is not supported by the findings (5 M.R.S. § 11007(4)(C)(5))

☐ Procedural Error / Denial of Due Process — A material procedural defect occurred that prejudiced the petitioner's substantial rights under the Maine APA or constitutional due process

☐ Constitutional Violation — The decision or the underlying statute/rule violates the Maine Constitution or the United States Constitution

☐ Failure to Follow Required Procedures — The agency failed to observe procedures required by law that affect the merits (5 M.R.S. § 11007(4)(C)(1)-(2))

☐ Penalty or Sanction Is Disproportionate — The penalty or sanction imposed is excessive in relation to the violation and inconsistent with the agency's guidelines or prior precedent

☐ Other: [________________________________]

PETITION FOR RECONSIDERATION

BEFORE THE [________________________________]
STATE OF MAINE

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Agency Case/Docket No.: [________________________________]

Decision/Order Reference: [________________________________]

Date Decision Was Issued/Mailed: [__/__/____]

Date Decision Was Received by Petitioner: [__/__/____]

PETITION FOR RECONSIDERATION OF FINAL AGENCY DECISION

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], ME [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Permit No. (if applicable): [________________________________]
Business Entity Type (if applicable): [________________________________]

1.2 Petitioner's Legal Counsel:

Attorney Name: [________________________________]
Maine Bar No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], ME [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Board/Bureau (if applicable): [________________________________]
Commissioner/Director: [________________________________]
Clerk/Docket Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], ME [____]

1.4 Other Parties of Record:

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory and Regulatory Basis:

This Petition for Reconsideration is filed pursuant to [________________________________] (cite agency-specific rule or regulation authorizing reconsideration) and pursuant to the general provisions of the Maine Administrative Procedure Act, 5 M.R.S. §§ 8001-11008. Petitioner is a party to the above-captioned contested case proceeding and requests that the agency reconsider its final decision on the grounds stated herein.

2.2 Timeliness — Deadline Calculation:

The agency's decision was issued/mailed on: [__/__/____]

Petitioner received notice of the decision on: [__/__/____]

The deadline for filing a petition for reconsideration under the agency's rules is: [__/__/____]

This Petition is filed on: [__/__/____]

☐ This Petition is timely filed within the period allowed under the agency's reconsideration rules.

2.3 Effect on Judicial Review Deadline:

Under 5 M.R.S. § 11002, judicial review of final agency action must be commenced within 30 days after receipt of notice of the agency's action. Petitioner states:

☐ The agency's rules expressly provide that filing a petition for reconsideration tolls the 30-day judicial review deadline under 5 M.R.S. § 11002.

☐ The agency's rules do NOT expressly address tolling of the judicial review deadline, and Petitioner is preserving all rights to judicial review by filing this Petition and monitoring the 30-day deadline.

☐ Petitioner is simultaneously filing a Rule 80C complaint in Superior Court to preserve judicial review rights.

2.4 Agency-Specific Reconsideration Rule:

Agency rule or regulation authorizing reconsideration: [________________________________]
Code of Maine Rules (CMR) cite: [________________________________]
Time limit for filing: [________________________________]

SECTION 3 — DESCRIPTION OF CHALLENGED DECISION

3.1 Identification of Decision:

Title of Final Decision/Order: [________________________________]
Decision/Order Number: [________________________________]
Date Decision Issued: [__/__/____]
Date Decision Received by Petitioner: [__/__/____]

Presiding Officer/Hearing Examiner (if applicable): [________________________________]
Date of Hearing(s): [__/__/____] through [__/__/____]

☐ Agency adopted hearing officer's recommended decision without modification
☐ Agency modified hearing officer's recommended decision (describe below)
☐ Agency rejected hearing officer's recommended decision and decided the case itself
☐ No hearing officer — agency decided directly

Description of modification or rejection (if applicable): [________________________________]
[________________________________]

3.2 Nature of the Proceeding:

☐ Professional or occupational license denial, suspension, revocation, or non-renewal
☐ Environmental permit denial, modification, or enforcement action
☐ MaineCare or public benefits denial, reduction, or termination
☐ Workers' compensation dispute
☐ Unemployment compensation determination
☐ Insurance regulatory action
☐ Public utility rate or regulatory matter
☐ Land use permit denial or modification
☐ Tax assessment or deficiency
☐ Education regulatory matter
☐ Human rights/discrimination complaint
☐ Other: [________________________________]

3.3 Summary of Challenged Decision:

[Describe precisely what the agency found and ordered. Include specific violations found, penalties imposed, license actions taken, permits denied, and what portions of the decision are being challenged. Cite to page and paragraph numbers of the decision.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION 4 — PROCEDURAL HISTORY

4.1 Initiation of Proceeding:

Date of initial agency action or notice: [__/__/____]
Title of initial pleading/notice: [________________________________]
Initiating party: [________________________________]

4.2 Pre-Hearing Proceedings:

Notice of Hearing/Prehearing Conference: [__/__/____]
Discovery: ☐ Yes ☐ No Description: [________________________________]
Motions filed: [________________________________]

4.3 Hearing:

Hearing date(s): [__/__/____] through [__/__/____]
Presiding Officer: [________________________________]
Location: [________________________________]

Witnesses for Petitioner:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]
3. [________________________________] Subject: [________________________________]

Witnesses for Agency:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]

Exhibits admitted:

• Agency Exhibits: [________________________________]
• Petitioner Exhibits: [________________________________]

4.4 Recommended Decision (if applicable):

Hearing officer issued recommended decision on: [__/__/____]
Key findings: [________________________________]

4.5 Agency Final Decision:

Agency issued final decision on: [__/__/____]
Effective date of decision: [__/__/____]

SECTION 5 — STATEMENT OF FACTS

5.1 Background and Context:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.2 Specific Factual Errors or Omissions in the Decision:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.3 Facts Supporting Ground 1 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

5.5 Newly Discovered Evidence (if applicable):

Description of new evidence: [________________________________]
Date discovered: [__/__/____]
Why not available before or during hearing despite diligence: [________________________________]
How this evidence would have materially affected the outcome: [________________________________]

SECTION 6 — GROUNDS FOR RECONSIDERATION AND LEGAL ARGUMENT

Ground 1: [________________________________]

Specific Error in the Decision:

[Identify the precise finding of fact, conclusion of law, or penalty determination that is erroneous. Cite the page and paragraph of the agency's decision.]

[________________________________]
[________________________________]
[________________________________]

Legal Standard:

[State the applicable standard. Under 5 M.R.S. § 11007(4)(C), the court may reverse or modify agency action if the administrative findings, inferences, conclusions, or decisions are: (1) in violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the agency; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion.]

[________________________________]
[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• Maine Statute: [________________________________]
• Code of Maine Rules: [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Ground 2: [________________________________]

Specific Error:

[________________________________]
[________________________________]

Legal Standard:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]
• [________________________________]

Ground 3 (if applicable): [________________________________]

Specific Error:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ Vacate the Decision in its entirety and dismiss the proceeding

☐ Modify the Decision as follows: [________________________________]

☐ Remand for a new or supplemental hearing on the following issues: [________________________________]

☐ Reopen the record to receive newly discovered evidence described herein

☐ Reduce the penalty from [________________________________] to [________________________________], with reasoning: [________________________________]

☐ Reduce the disciplinary action from [________________________________] to [________________________________]

☐ Stay the effective date of the decision pending resolution of this Petition

☐ Other: [________________________________]

SECTION 8 — EXHIBITS

SECTION 9 — VERIFICATION

I, [________________________________], declare under the penalties of perjury that the foregoing Petition for Reconsideration is true and correct to the best of my knowledge and belief, and that I am authorized to file this Petition on behalf of Petitioner.

Executed on [__/__/____] at [________________________________], Maine.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Maine Bar No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], ME [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Petitioner [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration and all exhibits upon the following parties by the method(s) indicated:

Agency Clerk / Docket Office:
[________________________________]
[________________________________], ME [____]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Overnight courier ☐ Email: [________________________________] ☐ Agency e-filing system

Agency Legal Counsel / Attorney General's Office:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Opposing Party / Complainant:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW

12.1 Agency Action on Petition:

The agency may:

• Grant the petition and reconsider the case on the merits
• Grant rehearing or supplemental hearing
• Modify, vacate, or affirm the decision
• Deny the petition in writing with stated reasons
• Take no action (deemed denial if agency rules provide for one)

12.2 Judicial Review — Maine Rule of Civil Procedure 80C:

Under 5 M.R.S. § 11001 and Maine Rule of Civil Procedure 80C, judicial review of final agency action is commenced by filing a complaint in the Superior Court:

• Where to file: Superior Court in the county where the plaintiff resides or has a principal place of business, or in Kennebec County
• Deadline: Within 30 days after receipt of notice of the agency's final decision (5 M.R.S. § 11002)
• Standard of review: The court reviews the record to determine whether the agency's decision is supported by substantial evidence, is not arbitrary or capricious, is not in excess of statutory authority, and was made upon lawful procedure (5 M.R.S. § 11007(4)(C))
• Administrative record: The agency must certify and transmit the administrative record to the court

12.3 Preservation of Issues:

All issues intended to be raised in judicial review should be raised in this Petition to ensure they are preserved in the administrative record. Under Maine law, issues not raised before the agency may be deemed waived on judicial review.

12.4 Stay Pending Review:

A stay of the agency's decision may be sought from the agency or from the Superior Court after judicial review is initiated. The court may order a stay under 5 M.R.S. § 11004 upon terms it considers proper.

This template was prepared for use in Maine administrative proceedings under 5 M.R.S. §§ 8001-11008. Because Maine does not have a universal statutory reconsideration provision, the availability and procedures for reconsideration depend on each agency's specific rules. This template must be reviewed and customized by a qualified attorney licensed in Maine before use.