Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 9053 (2026)

Disposition without full hearing

✓ current as of May 2026

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Unless otherwise provided by law, agencies may: [PL 1977, c. 551, §3 (NEW).]

1. Responsibility. Place on any party the responsibility of requesting a hearing if the agency notifies the party in writing of the party's right to a hearing, and of the party's responsibility to request the hearing;

[RR 2023, c. 2, Pt. B, §79 (COR).]

2. Stipulation, settlement, consent order. Make informal disposition of any adjudicatory proceeding by stipulation, agreed settlement or consent order;

[PL 1977, c. 551, §3 (NEW).]

3. Default. Make informal disposition of any adjudicatory proceeding by default, provided that notice has been given that failure to take required action may result in default, and further provided that any such default may be set aside by the agency for good cause shown; and

[PL 1977, c. 551, §3 (NEW).]

4. Issues limited. Limit the issues to be heard or vary any procedure prescribed by agency rule or this subchapter if the parties and the agency agree to such limitation or variation, or if no prejudice to any party will result.

[PL 1977, c. 551, §3 (NEW).]

SECTION HISTORY

PL 1977, c. 551, §3 (NEW). RR 2023, c. 2, Pt. B, §79 (COR).

Notes of Decisions

Cited in 8 cases, 1985–2014 · leading case: Maines v. Sec'y of State, 493 A.2d 326 (Me. 1985).

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Maines v. Sec'y of State, 493 A.2d 326 (Me. 1985). · cites it 2× “” 5 M.R.S.A. § 9053 (1979). Moreover, section 9053 permits the agency to make informal disposition (without hearing) of any adjudicatory proceeding by default.”

Martin v. Unemployment Ins. Comm'n, 723 A.2d 412 (Me. 1998). · cites it 2× “” 5 M.R.S.A. § 9053(3) (1988). In addition, the APA states that “unless otherwise limited by the agency to prevent repetition or unreasonable delay in proceedings, every party shall have the right to present evidence and arguments on all issues.”

North Atl. Sec., LLC v. Off. of Sec., 2014 ME 67 (Me. 2014). · cites it 4× “The applicable Office of Securities regulation adds, “In accordance with 5 M.R.S.A. § 9053(3), the Administrator or presiding officer may 23 dispose of an adjudicatory proceeding by default against any party that fails to timely request a hearing .”

Agro v. Pub. Utils. Comm'n, 611 A.2d 566 (Me. 1992). “After the hearing date is set, the case may still be dismissed if the parties resolve the complaint to their mutual satisfaction or, if pursuant to 5 M.R.S.A. § 9053 (1989), the case is disposed of by stipulation, agreed settlement, consent order, or default of a party.”

Friends of the Boundary Mountains v. Land Use Reg. Comm'n, 2012 ME 53 (Me. 2012). “06(2)(f) (2011); see also 5 M.R.S. § 9053(4) (2011). [¶ 8] The rules do not mandate that once LURC holds a public hearing on an application, it is then required to reopen the hearing upon a reopening of the record.”

Turcotte v. Sec'y of State (Me. Super. Ct 2013). · cites it 3× “§ 9053, an agency may "[p]lace on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing, and of his responsibility to request the hearing" and "[m]ake informal disposition of any adjudicatory proceeding by default,…”

Mallinckrodt US v. Maine Dep't of Envtl. Prot.. (Me. Super. Ct 2012). “Finally, the Department notes that the APA grants the Department the discretion to vary any agency rule as long as no prejudice results, see 5 M.R.S. § 9053(4), and 11 that the APA only requires rules of practice "except to the extent rules are provided by law," 5 M.”

Anderson v. Bureau of Pub. Lands, 490 A.2d 211 (Me. 1985). “” Because this evidence was not submitted to the bureau at the administrative level, we do not consider it on appeal.”

— Me. Rev. Stat. tit. 5, § 9053(1) — 1 case

Turcotte v. Sec'y of State (Me. Super. Ct 2013). “§ 9053, an agency may "[p]lace on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing, and of his responsibility to request the hearing" and "[m]ake informal disposition of any adjudicatory proceeding by default,…”

— Me. Rev. Stat. tit. 5, § 9053(3) — 3 cases

Martin v. Unemployment Ins. Comm'n, 723 A.2d 412 (Me. 1998). “” 5 M.R.S.A. § 9053(3) (1988). In addition, the APA states that “unless otherwise limited by the agency to prevent repetition or unreasonable delay in proceedings, every party shall have the right to present evidence and arguments on all issues.”

Maines v. Sec'y of State, 493 A.2d 326 (Me. 1985). “” 5 M.R.S.A. § 9053 (1979). Moreover, section 9053 permits the agency to make informal disposition (without hearing) of any adjudicatory proceeding by default.”

North Atl. Sec., LLC v. Off. of Sec., 2014 ME 67 (Me. 2014). “The applicable Office of Securities regulation adds, “In accordance with 5 M.R.S.A. § 9053(3), the Administrator or presiding officer may 23 dispose of an adjudicatory proceeding by default against any party that fails to timely request a hearing .”

— Me. Rev. Stat. tit. 5, § 9053(4) — 2 cases

Friends of the Boundary Mountains v. Land Use Reg. Comm'n, 2012 ME 53 (Me. 2012). “06(2)(f) (2011); see also 5 M.R.S. § 9053(4) (2011). [¶ 8] The rules do not mandate that once LURC holds a public hearing on an application, it is then required to reopen the hearing upon a reopening of the record.”

Mallinckrodt US v. Maine Dep't of Envtl. Prot.. (Me. Super. Ct 2012). “Finally, the Department notes that the APA grants the Department the discretion to vary any agency rule as long as no prejudice results, see 5 M.R.S. § 9053(4), and 11 that the APA only requires rules of practice "except to the extent rules are provided by law," 5 M.”

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