1.Producers of agricultural commodities are free to join together voluntarily in associations as authorized by law without interference by handlers. A handler may not engage nor permit an employee or agent to engage in any of the following practices, defined as unfair practices:
2.An association shall not engage or permit an employee or agent to engage in the following practices, defined as unfair practices:
3.Notice; opportunity for hearing.
Whenever it is charged that a qualified association or a handler has committed an unfair practice under this section, the board shall provide that person with notice and opportunity to be heard, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, as to adjudicatory hearings.
4.Hearing.
Hearings held pursuant t
Free access — add to your briefcase to read the full text and ask questions with AI
1.
Producers of agricultural commodities are free to join together voluntarily in associations as authorized by law without interference by handlers. A handler may not engage nor permit an employee or agent to engage in any of the following practices, defined as unfair practices:
2.
An association shall not engage or permit an employee or agent to engage in the following practices, defined as unfair practices:
3.
Notice; opportunity for hearing.
Whenever it is charged that a qualified association or a handler has committed an unfair practice under this section, the board shall provide that person with notice and opportunity to be heard, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, as to adjudicatory hearings.
4.
Hearing.
Hearings held pursuant to subsection 3 must be held in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory hearings. The board shall request that the Attorney General or any attorney in the Department of the Attorney General designated by the Attorney General be present at these hearings and advise the board on procedure and on the admissibility of any evidence.
5.
Findings.
If, upon a preponderance of the evidence, the board determines that the person complained of has committed an unfair practice, in violation of this article, it shall state its findings of fact and shall issue an order requiring the person to cease and desist from such conduct and shall order such further affirmative action, excluding an award of damages, as will effectuate the policies of this article. Failure to comply with such an order is a violation of this article. If the board determines that the person complained of has not committed an unfair practice, it shall state its findings of fact and shall issue an order dismissing the charges.
6.
Frivolous charges.
If the board determines that a charge of unfair practice is frivolous, it shall state its findings of fact and may issue a reprimand to the person making the charge. Where the board determines that a person who made a charge which was determined to be frivolous did so knowing the charge to be frivolous, it shall state its findings of fact and shall issue an order requiring that person to pay the reasonable attorneys fees and double the amount of other reasonable costs incurred by the person against whom the charge was made in defending against the charge before the board. Where it is disputed, reasonableness shall be determined by the board. The order shall also require that person to reimburse the State for the per diem payments made to board members for their attendance at the hearing on the charge. Failure to comply with such an order is a violation of this article.