Me. Rev. Stat. » Title 5
Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 9052 (2026)

Notice

✓ current as of May 2026
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1.  Notice of hearing.  When the applicable statute or constitutional law requires that an opportunity for hearing shall be provided, notice shall be given as follows:  
A. To the person or persons whose legal rights, duties or privileges are at issue, by regular mail, sufficiently in advance of the anticipated time of the decision to afford an adequate opportunity to prepare and submit evidence and argument, and to request a hearing if so desired; and   [PL 1977, c. 551, §3 (NEW).]
B. In any proceeding deemed by the agency to involve the determination of issues of substantial public interest, to the public sufficiently in advance of the anticipated time of the decision to afford interested persons an adequate opportunity to prepare and submit evidence and argument, and to request a hearing if so desired.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
2.  Hearing required.  When a hearing is required by the applicable statute or by agency regulation, or has been requested pursuant to subsection 1, paragraph A, or has been set in an exercise of the agency's discretion, notice shall be given as follows:  
A. To the person or persons whose legal rights, duties or privileges are at issue, by regular mail, sufficiently in advance of the hearing date to afford an adequate opportunity to prepare and submit evidence and argument; and   [PL 1977, c. 551, §3 (NEW).]
B. In any proceeding deemed by the agency to involve the determination of issues of substantial public interest, to the public sufficiently in advance of the hearing date to afford interested persons an adequate opportunity to prepare and submit evidence and argument and to petition to intervene pursuant to section 9054.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
3.  Notice to the public.  Notice to the public shall be given:  
A. By publication, at least twice in a newspaper of general circulation in the area of the state affected;   [PL 1977, c. 551, §3 (NEW).]
B. By publication in any other trade, industry, professional or interest group publication which the agency deems effective in reaching persons who would be entitled to intervene as of right under section 9054, subsection 1; and   [PL 1977, c. 551, §3 (NEW).]
C. In any other manner deemed appropriate by the agency.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
4.  Notice.  Notice shall consist of:  
A. A statement of the legal authority and jurisdiction under which the proceeding is being conducted;   [PL 1977, c. 551, §3 (NEW).]
B. A reference to the particular substantive statutory and rule provisions involved;   [PL 1977, c. 551, §3 (NEW).]
C. A short and plain statement of the nature and purpose of the proceeding and of the matters asserted;   [PL 1977, c. 551, §3 (NEW).]
D. A statement of the time and place of the hearing, or the time within which a hearing may be requested;   [PL 1977, c. 551, §3 (NEW).]
E. A statement of the manner and time within which evidence and argument may be submitted to the agency for consideration, whether or not a hearing has been set; and   [PL 1977, c. 551, §3 (NEW).]
F. When a hearing has been set, a statement of the manner and time within which applications for intervention under section 9054 may be filed.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
5.  Cancellation or change of hearing.  If a scheduled hearing is cancelled or postponed to a later date, the agency shall provide timely notice to the persons described in section 9051 and, if applicable, to the persons and localities listed in section 9051‑A and other persons the agency is required to notify or customarily notifies of hearings.  
[PL 1987, c. 653, §2 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1987, c. 653, §2 (AMD).
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Notes of Decisions
Cited in 13 cases, 1988–2014 · leading case: Antler's Inn & Restaurant, LLC v. Dep't of Pub. Saf., 60 A.3d 1248 (Me. 2012).
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Antler's Inn & Restaurant, LLC v. Dep't of Pub. Saf., 60 A.3d 1248 (Me. 2012). · cites it 4× “” 3 5 M.R.S. §§ 9052(2)(A), 10001, 10003(1); 28-A M.”
New England Whitewater Ctr., Inc. v. Dep't of Inland Fisheries & Wildlife, 550 A.2d 56 (Me. 1988). “adjudicatory requirements include notice to all interested parties, 5 M.R.S.A. § 9052; participation of any person or party, limited or denied only with a written explanation by the agency, 5 M.”
Town of Freeport v. Greenlaw, 602 A.2d 1156 (Me. 1992). “5 M.R.S.A. § 9052(4) provides in pertinent part: 4.”
Martin v. Unemployment Ins. Comm'n, 723 A.2d 412 (Me. 1998). “The APA requires that “[i]f a scheduled hearing is canceled or postponed to a later date, the agency shall provide timely notice to the [parties],” 5 M.R.S.A. § 9052(5) (1988), and that an agency may “[m]ake informal disposition of any adjudicatory proceeding by default,…”
Lovell v. One Bancorp, 690 F. Supp. 1090 (D. Me. 1988). “The timing, type and content of the notice are strictly prescribed by Title 5 M.R.S.A. § 9052 and 12 C.F.R. § 563b.4.”
Guarantee Trust Life Ins. Co. v. Superintendent of Ins., 2013 ME 102 (Me. 2013). “See 5 M.R.S. § 9052(1), (4) (2012) (stating that notice of hearing shall include a “reference to the particular substantive statutory and rule provisions involved” and a “short and plain statement of the .”
Post v. State, Dep't of Marine Resources, 605 A.2d 81 (Me. 1992). “Post contends that this notice violated 5 M.R.S.A. § 9052 (1989) which provides, “[w]hen the applicable statute or constitutional law requires that an opportunity for hearing shall be provided, notice shall be given as follows.”
Tryba v. Town of Old Orchard Beach, 704 A.2d 403 (Me. 1998). “In relevant part, 5 M.R.S.A. § 9052(4) (1989) provides: 4. Notice.”
Bd. of Licensure in Med. v. Diering (Me. Super. Ct 2008). · cites it 3× “" See 5 M.R.S. § 9052; (R. Tab 3 at 2.) Following a hearing on January 8, 2008, the Board found the petitioner committed the following violations: (1) engaging in the practice of fraud or deceit in obtaining a license in violation of 32 M.”
Kimball v. Superintendent of Ins. & Maine Bureau of Ins. (Me. Super. Ct 2014). · cites it 3× “• the Superintendent's denial of the request for stay made by the non-Intervenor Petitioners • the alleged insufficiency ofthe notice given by the Superintendent, in light of the notice requirements of the Maine APA, 5 M.R.S. § 9052 • the Superintendent's alleged violation of…”
Choneska v. Magnusson (Me. Super. Ct 2005). “5 M.R.S.A. § 9052 and 34-A M.R.S.A. § 3032.”
Friedman v. State of Maine, Dep't of Envtl. Prot. (Me. Super. Ct 2013). “See 5 M.R.S.A. § 9052(1)-(2) (requiring notice only when a hearing is required by statute, regulation, or constitutional law).”
Show all 13 citing cases →
— Me. Rev. Stat. tit. 5, § 9052(1) — 2 cases
Guarantee Trust Life Ins. Co. v. Superintendent of Ins., 2013 ME 102 (Me. 2013). “See 5 M.R.S. § 9052(1), (4) (2012) (stating that notice of hearing shall include a “reference to the particular substantive statutory and rule provisions involved” and a “short and plain statement of the .”
Friedman v. State of Maine, Dep't of Envtl. Prot. (Me. Super. Ct 2013). “See 5 M.R.S.A. § 9052(1)-(2) (requiring notice only when a hearing is required by statute, regulation, or constitutional law).”
— Me. Rev. Stat. tit. 5, § 9052(2)(A) — 2 cases
Antler's Inn & Restaurant, LLC v. Dep't of Pub. Saf., 60 A.3d 1248 (Me. 2012). “” 3 5 M.R.S. §§ 9052(2)(A), 10001, 10003(1); 28-A M.”
Davidson v. Maine State Ret. Sys. (Me. Super. Ct 2000).
— Me. Rev. Stat. tit. 5, § 9052(2)(B) — 1 case
Antler's Inn & Restaurant, LLC v. Dep't of Pub. Saf., 60 A.3d 1248 (Me. 2012). “” 3 5 M.R.S. §§ 9052(2)(A), 10001, 10003(1); 28-A M.”
— Me. Rev. Stat. tit. 5, § 9052(3)(B) — 1 case
Kimball v. Superintendent of Ins. & Maine Bureau of Ins. (Me. Super. Ct 2014). “• the Superintendent's denial of the request for stay made by the non-Intervenor Petitioners • the alleged insufficiency ofthe notice given by the Superintendent, in light of the notice requirements of the Maine APA, 5 M.R.S. § 9052 • the Superintendent's alleged violation of…”
— Me. Rev. Stat. tit. 5, § 9052(4) — 4 cases
Antler's Inn & Restaurant, LLC v. Dep't of Pub. Saf., 60 A.3d 1248 (Me. 2012). “” 3 5 M.R.S. §§ 9052(2)(A), 10001, 10003(1); 28-A M.”
Town of Freeport v. Greenlaw, 602 A.2d 1156 (Me. 1992). “5 M.R.S.A. § 9052(4) provides in pertinent part: 4.”
Tryba v. Town of Old Orchard Beach, 704 A.2d 403 (Me. 1998). “In relevant part, 5 M.R.S.A. § 9052(4) (1989) provides: 4. Notice.”
Kimball v. Superintendent of Ins. & Maine Bureau of Ins. (Me. Super. Ct 2014). “• the Superintendent's denial of the request for stay made by the non-Intervenor Petitioners • the alleged insufficiency ofthe notice given by the Superintendent, in light of the notice requirements of the Maine APA, 5 M.R.S. § 9052 • the Superintendent's alleged violation of…”
— Me. Rev. Stat. tit. 5, § 9052(4)(E) — 1 case
Antler's Inn & Restaurant, LLC v. Dep't of Pub. Saf., 60 A.3d 1248 (Me. 2012). “” 3 5 M.R.S. §§ 9052(2)(A), 10001, 10003(1); 28-A M.”
— Me. Rev. Stat. tit. 5, § 9052(5) — 1 case
Martin v. Unemployment Ins. Comm'n, 723 A.2d 412 (Me. 1998). “The APA requires that “[i]f a scheduled hearing is canceled or postponed to a later date, the agency shall provide timely notice to the [parties],” 5 M.R.S.A. § 9052(5) (1988), and that an agency may “[m]ake informal disposition of any adjudicatory proceeding by default,…”
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