Me. Rev. Stat. » Title 10
Maine Revised Statutes

Me. Rev. Stat. tit. 10, § 1189-B (2026)

Appeal

✓ current as of May 2026
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A party appealing an order of the board to the Superior Court shall indicate in the appeal whether it is an appeal on issues of law or on factual matters.   [PL 2003, c. 356, §12 (NEW).]
1.  Appeal as matter of law.  An order or decision may be appealed solely on the basis that the board made an error of law. An order or decision appealed may not be set aside or vacated except for an error of law. Additional evidence may not be heard or taken by the Superior Court on an appeal made under this section.  
[PL 2003, c. 356, §12 (NEW).]
2.  Appeal involving factual matters.  A party to a decision by the board may appeal to the Superior Court for a hearing on the merits of the dispute. In any such hearing before the Superior Court, all findings of fact of the board are presumed to be correct unless rebutted by clear and convincing evidence.  
[PL 2003, c. 356, §12 (NEW).]
A copy of the decision, certified as true and accurate by the chair must be admitted into evidence in any appeal hearing. There is a right to trial by jury in any action brought in Superior Court under this section. An appeal for hearing is subject to the provisions of section 1173.   [PL 2003, c. 356, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW).
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Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2022 · leading case: Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014).
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Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014). · cites it 5× “80C, 10 M.R.S. § 1189-B, and 5 M.R.S. §§ 11001-11008 (2012), separate petitions for review of the Board’s administrative action.”
Darling's v. Chrysler Grp., LLC, 57 F. Supp. 3d 68 (D. Me. 2014). · cites it 7× “The claim will proceed there unless the adverse party exercises its right to file a separate complaint with the Maine Franchise Board and temporarily stay the state court action.”
Ford Motor Co. v. Darling's (Me. Super. Ct 2022). “10 M.R.S. § 1189-B(2); see also Darling's, 2014 ME 7 , ~ 39, 86 A.”
— Me. Rev. Stat. tit. 10, § 1189-B(2) — 3 cases
Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014). “80C, 10 M.R.S. § 1189-B, and 5 M.R.S. §§ 11001-11008 (2012), separate petitions for review of the Board’s administrative action.”
Darling's v. Chrysler Grp., LLC, 57 F. Supp. 3d 68 (D. Me. 2014). “The claim will proceed there unless the adverse party exercises its right to file a separate complaint with the Maine Franchise Board and temporarily stay the state court action.”
Ford Motor Co. v. Darling's (Me. Super. Ct 2022). “10 M.R.S. § 1189-B(2); see also Darling's, 2014 ME 7 , ~ 39, 86 A.”
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