Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304 (Me. 1996). · Go Syfert
Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304 (Me. 1996). Cases Citing This Book View Copy Cite
78 citation events (56 in the last 25 years) across 4 distinct courts.
Strongest positive: Jalbert v. Maine Public Employees Retirment System (mesuperct, 2015-11-16)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 41 distinct citers.
discussed Cited as authority (rule) Jalbert v. Maine Public Employees Retirment System
Me. Super. Ct · 2015 · confidence medium
Stated differently, a "party seeking review of an agency's findings must prove that they are unsupported by any competent evidence." Maine Baker's Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996).
cited Cited as authority (rule) Totman-Berube v. Maine Public Employees Retirement Sys.
Me. Super. Ct · 2015 · confidence medium
As noted above, a party seeking review of an agency's findings must prove they are unsupported by any competent evidence." Maine Baker's Ass 'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996).
cited Cited as authority (rule) Willette v. Maine Electricians' Examining Board
Me. Super. Ct · 2014 · confidence medium
Bureau, 684 A.2d 1304, 1306 (Me.1996) (emphasis added).
cited Cited as authority (rule) Kelley v. Maine Pub. Employees Ret. Sys.
Me. Super. Ct · 2008 · confidence medium
Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996).
discussed Cited as authority (rule) Knutson v. Department of Secretary of State (2×)
Me. · 2008 · confidence medium
DISCUSSION A. Standard of Review [¶8] Because the Superior Court acted in an appellate capacity when it considered this matter, we review the decision of the Secretary directly, reviewing for findings not supported by the evidence, errors of law, or abuse of discretion, see Palesky v. Secretary of State, 1998 ME 103, ¶ 9 , 711 A.2d 129, 132 (citing Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1305-06 (Me.1996)).
cited Cited as authority (rule) Friends of Blue Hill Bay v. LaPointe
Me. Super. Ct · 2008 · confidence medium
"A party seeking review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Storer v. Secretary of State
Me. Super. Ct · 2008 · confidence medium
"A party seeking review of an agency's findings must prove they are unsupported by any competent evidence./I Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996).
discussed Cited as authority (rule) Campbell v. Maine State Retirement Sys.
Me. Super. Ct · 2008 · confidence medium
"A party seeking review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added). 2 "a benefit (as sympathetiC attention) associated with mental illness." See http://medical.merriam­ webster.coml medical/ secondary+gai n 4 Petitioner's argument is solely predicated on the failure of the Board to evaluate medical evidence contrary to Dr. Glass's expert opinion.
cited Cited as authority (rule) Corson v. Dep't of the Secretary of State Bureau of Motor Vehicles
Me. Super. Ct · 2008 · confidence medium
"A party seeking review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
discussed Cited as authority (rule) Steele v. Maine State Retirement
Me. Super. Ct · 2008 · confidence medium
"A party seeking review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass'n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added). 3 Discussion: The crux of respondent's argument is that the court erred in its assertion that there was not sufficient evidence in the record for the court to conclude that petitioner proved that she was "unable to engage in any substantially gainful activity that is consistent with [her] training, education or experience ..." See 5 M.R.S.A. § 17929(2)(B)(1).
discussed Cited as authority (rule) Conant v. Maine Dep't of Health and Human Svs.
Me. Super. Ct · 2007 · confidence medium
Though petitioner notes that she was precluded from presenting more evidence, she does not demonstrate that such preclusion was essential to DHHS' decision or that its decision is not based on "substantial evidence." "A party seeking review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass'n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Town of Warren Ambulance Service v. Maine Department of Public Safety
Me. Super. Ct · 2006 · confidence medium
"A party seeking review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass'n v. Bureau, 684 A.2d 1304,1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Blanche C v. State of Maine Department of Health and Human Services
Me. Super. Ct · 2006 · confidence medium
"A party seelung review of an agency's findings must prove they are unsupported by any competent evidence.'' Maine Bankers Ass'n v. Bureal~, 684 A.2d 1304,1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Putnam v. Maine Board of Licensure For Foresters
Me. Super. Ct · 2006 · confidence medium
"A party seelung review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass'n v. Bureau, 684 A.2d 1304,1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) FLP Energy Maine Hydro LLC v. Maine Dept. of Enviro. Prot.
Me. Super. Ct · 2005 · confidence medium
"A party seelang review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass'n v. Bureau, 684 A.2d 1304,1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Dechaine v. Dept. of Corrections
Me. Super. Ct · 2005 · confidence medium
Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
discussed Cited as authority (rule) Collins v. State of Maine Dep't of Envtl. Prot.
Me. Super. Ct · 2004 · confidence medium
Further, “[w]hen the dispute involves an agency's interpretation of a statute administered by it, the agency's interpretation, although not conclusive on the Court, is accorded great deference and will be upheld unless the statute plainly compels a contrary result." Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996).
cited Cited as authority (rule) United States Pub. Interest Research Group v. Bd. of Envtl. Prot.
Me. Super. Ct · 2004 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass’n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Quintal v. Maine State Ret. Sys.
Me. Super. Ct · 2004 · confidence medium
“A party seeking review of an agency's findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass’n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Mitrosky v. State of Maine, Dep't of Pub. Safety, Liquor Licensing
Me. Super. Ct · 2004 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass'n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Maine Employers Mut. Ins. Co. v. State of Maine, Workers' Comp.Bd.
Me. Super. Ct · 2004 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass’n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Russell v. State of Maine, Unemployment Ins. Comm'n
Me. Super. Ct · 2004 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass'n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Lentz v. Maine State Bd.of Licensure in Med.
Me. Super. Ct · 2004 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass’n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Girouard v. Maine State Ret. Sys.
Me. Super. Ct · 2004 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass’n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
discussed Cited as authority (rule) Kroeger v. State of Maine, Dep't of Envtl. Prot.
Me. Super. Ct · 2004 · confidence medium
Furthermore, factual determinations must be sustained unless shown to be clearly erroneous (Imagineering, 593 A.2d at 1053 ) and “a party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Assoc. v. Bureau, 684 A.2d 1304, 1306 (Me. 1996).
cited Cited as authority (rule) W. Maine Ctr. For Children v. Dep't of Human Servs.
Me. Super. Ct · 2003 · confidence medium
“A party seeking review of an agency's findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass’n v. Bureau, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
discussed Cited as authority (rule) Hopkins v. Department of Human Services
Me. · 2002 · confidence medium
An agency’s factual findings are afforded much deference and will be upheld if they are supported by “competent and substantial evidence.” Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304,1306 (Me.1996). [¶ 9] Pursuant to federal regulations, before a state Medicaid agency reduces or terminates an individual’s benefits, the agency must inform the individual in writing “(1) Of his right to a hearing; (2) Of the method by which he may obtain a hearing; and (3) .That he may represent himself or use legal counsel, a relative, a friend, or other spokesman.” 42 C.F.R. § 431.20…
discussed Cited as authority (rule) Hupper v. Maine Dep't of Human Servs.
Me. Super. Ct · 2002 · confidence medium
Thus, factual determinations must be sustained unless clearly erroneous, Imagineering, 593 A.2d at 1053 , and "[a] party seeking review of an agency's findings must prove they are unsupported by any competent evidence." Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996).
discussed Cited as authority (rule) Biddle v. Maine Dep't of Human Servs.
Me. Super. Ct · 2002 · confidence medium
Moreover, it is the burden of the party seeking review of an agency's findings to prove that they are unsupported "by any competent evidence." Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996).
cited Cited as authority (rule) Magie v. State of Maine
Me. Super. Ct · 2001 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
cited Cited as authority (rule) Gilmartin v. Gwadowsky
Me. Super. Ct · 2001 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
discussed Cited as authority (rule) Allen v. Maine Unemployment Ins. Comm'n
Me. Super. Ct · 2000 · confidence medium
“A party seeking review of an agency’s findings 4 must prove they are unsupported by any competent evidence.” Maine Bankers Ass'n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
discussed Cited as authority (rule) Knutson v. State of Maine, Secretary of State (2×) also: Cited "see"
Me. Super. Ct · 2000 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass'n. v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis supplied).
cited Cited as authority (rule) Porter v. State of Maine
Me. Super. Ct · 2000 · confidence medium
Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996).
examined Cited as authority (rule) In Re Wage Payment Litigation (4×) also: Cited "see"
Me. · 2000 · confidence medium
Moreover, although an agency’s interpretation of a statute it is charged with administering is not binding on this Court, we will accord that interpretation substantial deference “unless the statute plainly compels a contrary result.” Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me.1996); see also Davric Maine Corp. v. Maine Harness Racing Comm’n, 1999 ME 99, ¶ 7 , 732 A.2d 289, 293 .
cited Cited as authority (rule) Davidson v. Maine State Retirement Sys.
Me. Super. Ct · 2000 · confidence medium
“A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence.” Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me. 1996) (emphasis added).
discussed Cited as authority (rule) Palesky v. Secretary of State
Me. · 1998 · confidence medium
Thus, we review the decision of the Secretary of State directly, Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1305-1306 (Me.1996) (where Superior Court acts as an intermediate appellate court, this Court reviews the agency directly), reviewing for abuse of discretion, errors of law, or findings not supported by evidence.
discussed Cited as authority (rule) Hale-Rice v. Maine State Retirement System (2×) also: Cited "see"
Me. · 1997 · confidence medium
Standard of Review [¶ 8] We review administrative decisions directly, Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1305-1306 (Me.1996), and will reverse or modify the decision only if the administrative findings, inferences, or conclusions 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 bias or error of law; (5) Unsupported by substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion.” 5 M.R.S.A. §…
cited Cited "see" Stimson, Kelley & Atkinson, Inc. v. Dep't of Pub. Safety
Me. Super. Ct · 2004 · signal: see · confidence high
See, Maine Bankers Assn. v. Bureau, 684 A.2d 1304 (Me. 1996).
cited Cited "see" Munjoy Sporting & Athletic Club v. Dow
Me. · 2000 · signal: see · confidence high
See Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1305-06 (Me.1996).
discussed Cited "see" Greely v. Commissioner, Department of Human Services
Me. · 2000 · signal: see · confidence high
See Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1306 (Me.1996). 4 The entry is: Judgment affirmed. .Medicaid, a program established pursuant to the Social Security Act, enables states to cover medical expenses for needy families and for people who are aged, blind, or disabled.
Maine Bankers Association
v.
Bureau of Banking
Supreme Judicial Court of Maine.
Nov 4, 1996.
684 A.2d 1304
Mark L. Walker, Maine Bankers Association, Augusta, for Plaintiffs., Craig H. Nelson (orally), Andrew B. Mac-Lean, American Bankers Association, Augusta, Amicus Curiae., Andrew Ketterer, Attorney General, Linda Conti (orally), Assistant Attorney General, Augusta, Roderick R. Rovzar, Paul F. Dris-coll (orally), Daniel L. Cummings, Norman, Hanson & DeTroy, Portland, for Defendants., Gretchen L. Jones, Maine Credit Union League, Portland, Amici Curiae., William J. Sheils, Perkins, Thompson, Hinckley & Keddy, Portland, for Credit Union National Assn.
Wathen, Roberts, Glassman, Clifford, Rudman, Lipez.
Cited by 50 opinions  |  Published
ROBERTS, Justice.

Maine Bankers Association appeals from a judgment of the Superior Court (Kennebec County, Alexander, J.) affirming a decision of the Superintendent of the Bureau of Banking that authorized Saco Valley Federal Credit Union to change its charter and to expand its membership. The Association argues that the Superintendent misconstrued the credit union field of membership statute and made findings based op insufficient evidence. We affirm the judgment.

In February 1994 Saco Valley applied to the Superintendent, pursuant to 9-B M.R.S.A § 873 (1980), to convert from a federally chartered to a state-chartered credit union and to expand its field of membership from a limited industrial base to a community base. In August 1994 the Superintendent approved Saco Valley’s application, granting to the credit union a field of membership comprised of people living or working in the six municipalities of Saco, Buxton, Dayton, Lyman, Hollis, and Waterboro. The Association sought direct judicial review in the Superior Court pursuant to 5 M.R.SA. § 11001 (1989) and M.R.Civ.P. 80C. The court affirmed the Superintendent’s decision and this appeal followed.

When the Superior Court acts as an intermediate appellate court in reviewing[*1306] an administrative action, we review the agency decision directly for abuse of discretion, errors of law, or findings not supported by the evidence. Centamore v. Department of Human Servs., 664 A.2d 369, 370 (Me.1995). When the dispute involves an agency’s interpretation of a statute administered by it, the agency’s interpretation, although not binding on the Court, is accorded great deference and will be upheld unless the statute plainly compels a contrary result. Id.

Pursuant to 9-B M.R.S.A. § 812(2)(D) (Supp.1994), Saco Valley’s application was required to contain a proposed field of membership that conformed to the criteria set forth in 9-B M.R.S.A. § 814 (1980) that provided:

1. Field of Membership. “Field of Membership” of a credit union means those persons having a common bond of occupation or association; residence within a well-defined neighborhood, community or rural district; employment by a common employer or by employers located within a well-defined industrial park or community; membership in a bona fide fraternal, religious, cooperative, labor, rural, educational or similar organization; and members of the immediate families of such persons.

Id., amended by P.L. 1995, ch. 101, § 1.

The criteria in section 814 are designed to insure a measure of commonality among the credit union members. The Association contends that the Superintendent erroneously permitted Saco Valley to combine two statutory fields of membership, i.e., people who work in a well-defined community as well as people who live there. We disagree. The Superintendent could conclude that the commonality between these two fields of membership within a single well-defined community is equal to the commonality within each separate field.

Although the Superintendent eliminated from Saco Valley’s proposal the towns of Porter, Hiram, Parsonfield, and Cornish, the Association contends that he erred in finding that Saco, Buxton, Dayton, Lyman, Hollis, and Waterboro comprised a “well-defined community” within the meaning of section 814. We disagree. A party seeking review of an agency’s findings must prove they are unsupported by any competent evidence. Bischoff v. Board of Trustees, 661 A.2d 167, 170 (Me.1995) (citing Nyer v. Maine Unemployment Ins. Comm’n, 601 A.2d 626, 627 (Me.1992)). We will not overturn conclusions supported by competent and substantial evidence. Id. at 170 (citing Gulick v. Board of Envtl. Protection, 452 A2d 1202, 1208 (Me.1982)). Inconsistent evidence will not render an agency decision unsupported. Id. In this case, there is ample evidence in the record to support the Superintendent’s findings.

The entry is:

Judgment affirmed.

All concurring.