Maine § 38 §341-D Board responsibilities and duties

Maine Statutes

§ 38 §341-D — Board responsibilities and duties

Maine § 38 §341-D

Title 38WATERS AND NAVIGATION

Ch. 2DEPARTMENT OF ENVIRONMENTAL PROTECTION

This text of Maine § 38 §341-D (Board responsibilities and duties) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 38, § 38 §341-D (2026).

Text

The board is charged with the following duties and responsibilities.

1.Rulemaking. 1-A. Rulemaking. 1-B. Rulemaking. 1-C. Rulemaking. The board shall adopt, amend or repeal rules in accordance with section 341‑H. 1-D. Rulemaking. The board shall adopt rules as necessary for hearing appeals from insurance claims-related decisions of the commissioner and the State Fire Marshal under section 568‑A. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.

2.Permit and license applications. Except as otherwise provided in this subsection, the board shall assume jurisdiction of each application for approval of the following categories of permits and licenses:

3.Modification or corrective action. At the request of the commissioner

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The board is charged with the following duties and responsibilities.
1.
Rulemaking.
1-A.
Rulemaking.
1-B.
Rulemaking.
1-C.
Rulemaking.
The board shall adopt, amend or repeal rules in accordance with section 341‑H.
1-D.
Rulemaking.
The board shall adopt rules as necessary for hearing appeals from insurance claims-related decisions of the commissioner and the State Fire Marshal under section 568‑A. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
2.
Permit and license applications.
Except as otherwise provided in this subsection, the board shall assume jurisdiction of each application for approval of the following categories of permits and licenses:
3.
Modification or corrective action.
At the request of the commissioner and after written notice and opportunity for a hearing pursuant to Title 5, chapter 375, subchapter 4, the board may modify in whole or in part any license, or may issue an order prescribing necessary corrective action, whenever the board finds that any of the criteria in section 342, subsection 11‑B have been met. The board may modify a license or order corrective action as authorized by this subsection at any time, including during the pendency of a judicial appeal of a final decision regarding the license.
4.
Appeal or review.
The board shall review, may hold a hearing at its discretion on and may affirm, amend, reverse or remand to the commissioner for further proceedings any of the following:
5.
Requests for reconsideration.
6.
Enforcement.
The board shall:
7.
Reports to the Legislature.
The board shall report to the joint standing committee of the Legislature having jurisdiction over natural resource matters by January 15th of the first regular session of each Legislature on the effectiveness of the environmental laws of the State and any recommendations for amending those laws or the laws governing the board.
8.
Other duties.
The board shall carry out other duties as required by law.

Legislative History

PL 1989, c. 890, §§A13,40 (NEW). PL 1991, c. 804, §A1 (AMD). PL 1993, c. 328, §1 (AMD). PL 1993, c. 356, §1 (AMD). PL 1995, c. 347, §§1,2 (AMD). PL 1995, c. 642, §§1,2 (AMD). PL 1997, c. 364, §17 (AMD). PL 1999, c. 784, §6 (AMD). PL 2007, c. 661, Pt. B, §§1-4 (AMD). PL 2009, c. 121, §1 (AMD). PL 2009, c. 615, Pt. E, §§1, 2 (AMD). PL 2011, c. 304, Pt. H, §§4-12 (AMD). PL 2017, c. 334, §3 (AMD). PL 2019, c. 315, §4 (AMD). PL 2023, c. 61, §§1-4 (AMD). PL 2023, c. 139, §§1, 2 (AMD). PL 2023, c. 512, §§1, 2 (AMD).