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Maine Revised Statutes

Me. Rev. Stat. tit. 29-A, § 2484 (2026)

Hearing procedures

✓ current as of May 2026

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In addition to the general hearing procedures set forth in chapter 1, hearings held under this chapter are governed by the following provisions. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

1. Evidence. Evidence admissible in a court under section 2431 is admissible in a hearing.

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

2. Official notice. The Secretary of State may take official notice of the transcript or abstract of the records maintained by the Secretary of State's office or of any court.

If the name and date of birth of the person requesting the hearing is the same as the name and date of birth of the person named in the transcript or abstracts, then the abstracts are presumed to be those of that person.

A transcript or abstract is prima facie evidence that the person named was convicted or adjudicated of each offense shown by the transcript or abstract.

A person denying a fact appearing on a transcript or abstract, or the identification has the burden of proving that the fact is untrue.

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

3. Evidentiary standard. Unless otherwise provided, the Secretary of State shall make a determination by a preponderance of the evidence.

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

SECTION HISTORY

PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF).

Notes of Decisions

Cited in 4 cases, 2000–2018 · leading case: Joseph L. Richard v. Sec'y of State, 2018 ME 122 (Me. 2018).

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Joseph L. Richard v. Sec'y of State, 2018 ME 122 (Me. 2018). · cites it 2× “The Secretary of State applied the preponderance of the evidence standard of proof in accordance with the administrative hearing procedure statute, 29-A M.R.S. § 2484(3) (2017). 2 Although Richard’s petition was filed more than fifty days after the date of the Secretary of…”

Richard v. Sec'y of State, 192 A.3d 611 (Me. 2018). · cites it 2× “§ 2458(2-A) is punitive in nature and therefore the Secretary of State should have to find negligent operation based on clear and convincing evidence or beyond a reasonable doubt.”

D'Auteuil v. State of Maine, Sec'y of State (Me. Super. Ct 2002). “29-A M.R.S.A. § 2484(3). IV. CONCLUSION The statement of this eyewitness is specifically the type of evidence upon which reasonable persons, including police officers investigating a single car accident at 1:45 A.”

Mayhew v. Sec'y of State (Me. Super. Ct 2000). “Sergeant Allen has been certified and 3 See 29-A M.RS.A. §§ 2484(1), 2431(1) (1996). 10 e *e recertified three times in the past 12 years.”

— Me. Rev. Stat. tit. 29-A, § 2484(1) — 1 case

Mayhew v. Sec'y of State (Me. Super. Ct 2000). “Sergeant Allen has been certified and 3 See 29-A M.RS.A. §§ 2484(1), 2431(1) (1996). 10 e *e recertified three times in the past 12 years.”

— Me. Rev. Stat. tit. 29-A, § 2484(3) — 3 cases

Joseph L. Richard v. Sec'y of State, 2018 ME 122 (Me. 2018). “The Secretary of State applied the preponderance of the evidence standard of proof in accordance with the administrative hearing procedure statute, 29-A M.R.S. § 2484(3) (2017). 2 Although Richard’s petition was filed more than fifty days after the date of the Secretary of…”

Richard v. Sec'y of State, 192 A.3d 611 (Me. 2018). “§ 2458(2-A) is punitive in nature and therefore the Secretary of State should have to find negligent operation based on clear and convincing evidence or beyond a reasonable doubt.”

D'Auteuil v. State of Maine, Sec'y of State (Me. Super. Ct 2002). “29-A M.R.S.A. § 2484(3). IV. CONCLUSION The statement of this eyewitness is specifically the type of evidence upon which reasonable persons, including police officers investigating a single car accident at 1:45 A.”

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