Maine Revised Statutes

Me. Rev. Stat. tit. 29-A, § 2485 (2026)

Decision; appeal

✓ current as of May 2026

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1. Decision. After hearing, the Secretary of State may rescind, continue, modify or extend the suspension of a license.

[PL 1995, c. 65, Pt. A, §121 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]

2. Surrender and return of license.

[PL 2025, c. 173, §28 (RP).]

3. Removal of suspension. If it is determined after hearing that there was not the requisite probable cause for the required elements of the offense, the Secretary of State shall immediately remove the suspension and delete any record of the suspension and the offense from the record.

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

4. Collateral effect. The determination of facts by the Secretary of State is independent of the determination of the same or similar facts in an adjudication of civil or criminal charges arising out of the same occurrence. The disposition of those charges may not affect a suspension ordered by the Secretary of State.

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

5. Appeal; judicial review. The person whose license is suspended or other party may, within 30 days after receipt of the decision, appeal to the Superior Court as provided in Title 5, sections 11001 to 11008. If the court rescinds the suspension, it shall also order the Secretary of State to delete any record of the suspension.

[PL 1995, c. 65, Pt. A, §122 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]

SECTION HISTORY

PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 65, §§A120-122 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 2025, c. 173, §28 (AMD).

Notes of Decisions

Cited in 9 cases, 1997–2018 · leading case: State v. Renfro, 157 A.3d 775 (Me. 2017).

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State v. Renfro, 157 A.3d 775 (Me. 2017). · cites it 2× “See 29-A M.R.S. § 2485(1) (2016). Renfro moved in limine to admit the hearing results.”

State of Maine v. Robert O. Spiegel Jr., 2013 ME 73 (Me. 2013). · cites it 3× “See 29-A M.R.S. § 2485(5) (2012); see also 29-A M.”

Beale v. Sec'y of State, 693 A.2d 336 (Me. 1997). “Following the denial of his request for an administrative hearing on the six-year suspension by the Secretary of State, Beale sought review by the Superior Court pursuant to 29-A M.R.S.A. § 2485(5) (1996), and M.R.Civ.”

Walter Melevsky III v. Sec'y of State, 2018 ME 46 (Me. 2018). “§§ 11001-11008 (2017); 29-A M.R.S. § 2485(5) (2017). After the Superior Court concluded that the Secretary of State’s decision was erroneous as a matter of law, vacated that decision, and ordered the Secretary to reinstate Melevsky’s driver’s license, the Secretary timely…”

Melevsky v. Sec'y of State, 182 A.3d 731 (Me. 2018). “§§ 11001 - 11008 (2017) ; 29-A M.R.S. § 2485(5) (2017). After the Superior Court concluded that the Secretary of State's decision was erroneous as a matter of law, vacated that decision, and ordered the Secretary to reinstate Melevsky's driver's license, the Secretary timely…”

State of Maine v. Walter H. Renfro, 2017 ME 49 (Me. 2017). “See 29-A M.R.S. § 2485(1) (2016). Renfro moved in limine to admit the hearing results.”

Reis v. Sec'y of State (Me. Super. Ct 2018). “SOC and 29-A M.R.S. §2485. FACTUAL SUMMARY The sole issue before the court is whether there is substantial evidence in the record to support the Hearing Officer's determination that Reis "failed to submit to a test.”

Knutson v. State of Maine, Sec'y of State (Me. Super. Ct 2000). “ATWOOD “aT Oy id Linda Knutson vs, State of Maine Plaintiff's Attorney Defendant’s Attorney C H Spurling Esq Joseph Wannemacher AAG =~ - Two Church St 6 State House Sta Gardiner Me 04345 Augusta Me 04333 6? 3 ‘ Date of Ow Entry 2/18/00 Appeal of BMV administrative decision (29-A…”

Pelkey v. State of Maine, Off. of the Sec'y of State (Me. Super. Ct 2000). “See also 29-A M.R.S.A. § 2485(4) (1996). As such, the petitioner could not have succeeded in his administrative appeal of his 1998 suspension via a claim that his 1990 suspension was illegal.”

— Me. Rev. Stat. tit. 29-A, § 2485(1) — 2 cases

State v. Renfro, 157 A.3d 775 (Me. 2017). “See 29-A M.R.S. § 2485(1) (2016). Renfro moved in limine to admit the hearing results.”

State of Maine v. Walter H. Renfro, 2017 ME 49 (Me. 2017). “See 29-A M.R.S. § 2485(1) (2016). Renfro moved in limine to admit the hearing results.”

— Me. Rev. Stat. tit. 29-A, § 2485(4) — 2 cases

State v. Renfro, 157 A.3d 775 (Me. 2017). “See 29-A M.R.S. § 2485(1) (2016). Renfro moved in limine to admit the hearing results.”

Pelkey v. State of Maine, Off. of the Sec'y of State (Me. Super. Ct 2000). “See also 29-A M.R.S.A. § 2485(4) (1996). As such, the petitioner could not have succeeded in his administrative appeal of his 1998 suspension via a claim that his 1990 suspension was illegal.”

— Me. Rev. Stat. tit. 29-A, § 2485(5) — 5 cases

State of Maine v. Robert O. Spiegel Jr., 2013 ME 73 (Me. 2013). “See 29-A M.R.S. § 2485(5) (2012); see also 29-A M.”

Beale v. Sec'y of State, 693 A.2d 336 (Me. 1997). “Following the denial of his request for an administrative hearing on the six-year suspension by the Secretary of State, Beale sought review by the Superior Court pursuant to 29-A M.R.S.A. § 2485(5) (1996), and M.R.Civ.”

Walter Melevsky III v. Sec'y of State, 2018 ME 46 (Me. 2018). “§§ 11001-11008 (2017); 29-A M.R.S. § 2485(5) (2017). After the Superior Court concluded that the Secretary of State’s decision was erroneous as a matter of law, vacated that decision, and ordered the Secretary to reinstate Melevsky’s driver’s license, the Secretary timely…”

Melevsky v. Sec'y of State, 182 A.3d 731 (Me. 2018). “§§ 11001 - 11008 (2017) ; 29-A M.R.S. § 2485(5) (2017). After the Superior Court concluded that the Secretary of State's decision was erroneous as a matter of law, vacated that decision, and ordered the Secretary to reinstate Melevsky's driver's license, the Secretary timely…”

Knutson v. State of Maine, Sec'y of State (Me. Super. Ct 2000). “ATWOOD “aT Oy id Linda Knutson vs, State of Maine Plaintiff's Attorney Defendant’s Attorney C H Spurling Esq Joseph Wannemacher AAG =~ - Two Church St 6 State House Sta Gardiner Me 04345 Augusta Me 04333 6? 3 ‘ Date of Ow Entry 2/18/00 Appeal of BMV administrative decision (29-A…”

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