Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 9058 (2026)

Official notice

✓ current as of May 2026

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1. Official notice. Agencies may take official notice of any facts of which judicial notice could be taken, and in addition may take official notice of general, technical or scientific matters within their specialized knowledge and of statutes, regulations and nonconfidential agency records. Parties shall be notified of the material so noticed, and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed.

[PL 1977, c. 551, §3 (NEW).]

2. Facts. Facts officially noticed shall be included and indicated as such in the record.

[PL 1977, c. 551, §3 (NEW).]

3. Evaluation of evidence. Notwithstanding the foregoing, agencies may utilize their experience, technical competence and specialized knowledge in the evaluation of the evidence presented to them.

[PL 1977, c. 551, §3 (NEW).]

SECTION HISTORY

PL 1977, c. 551, §3 (NEW).

Notes of Decisions

Cited in 4 cases, 1999–2014 · leading case: City of Biddeford v. Adams, 1999 ME 49 (Me. 1999).

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City of Biddeford v. Adams, 1999 ME 49 (Me. 1999). “Even when an administrative board takes official notice of "general technical or scientific matters within their specialized knowledge,” the parties to the adjudicative hearing are entitled to “an opportunity to contest the substance or materiality of the facts noticed.”

Kimball v. Superintendent of Ins. & Maine Bureau of Ins. (Me. Super. Ct 2014). · cites it 3× “The Alleged Violation of 5 M.R.S. § 9058, Regarding "Official Notice" The Petitioners allege that the Superintendent violated 5 M.”

Middlesex Mut. Assurance Co. v. Maine Superintendent of Ins. (Me. Super. Ct 2003). · cites it 2× “Because Respondent is authorized to take notice of such rules and regulations pursuant to 5 M.R.S.A. § 9058 and because Petitioner introduced and referenced the OSFB Rules at the hearing, the court will not remand on that basis.”

Lentz v. Maine State Bd.of Licensure in Med. (Me. Super. Ct 2004). “As this court examines the evidence and those items of disagreement between the two evaluating psychiatrists, it is reminded of Title 5 M.R.S.A. § 9058(3), part of the Administrative Procedures Act, which indicates that, “.”

— Me. Rev. Stat. tit. 5, § 9058(1) — 2 cases

City of Biddeford v. Adams, 1999 ME 49 (Me. 1999). “Even when an administrative board takes official notice of "general technical or scientific matters within their specialized knowledge,” the parties to the adjudicative hearing are entitled to “an opportunity to contest the substance or materiality of the facts noticed.”

Middlesex Mut. Assurance Co. v. Maine Superintendent of Ins. (Me. Super. Ct 2003). “Because Respondent is authorized to take notice of such rules and regulations pursuant to 5 M.R.S.A. § 9058 and because Petitioner introduced and referenced the OSFB Rules at the hearing, the court will not remand on that basis.”

— Me. Rev. Stat. tit. 5, § 9058(3) — 1 case

Lentz v. Maine State Bd.of Licensure in Med. (Me. Super. Ct 2004). “As this court examines the evidence and those items of disagreement between the two evaluating psychiatrists, it is reminded of Title 5 M.R.S.A. § 9058(3), part of the Administrative Procedures Act, which indicates that, “.”

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