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Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 9059 (2026)

Record

✓ current as of May 2026
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1.  Record.  In an adjudicatory proceeding, the agency shall make a record consisting of:  
A. All applications, pleadings, motions, preliminary and interlocutory rulings and orders;   [PL 1977, c. 551, §3 (NEW).]
B. Evidence received or considered;   [PL 1977, c. 551, §3 (NEW).]
C. A statement of facts officially noticed;   [PL 1977, c. 551, §3 (NEW).]
D. Offers of proof, objections and rulings thereon;   [PL 1977, c. 551, §3 (NEW).]
E. Proposed findings and exceptions, if any;   [PL 1977, c. 551, §3 (NEW).]
F. The recommended decision, opinion or report, if any, by the presiding officer;   [PL 1977, c. 551, §3 (NEW).]
G. The decision of the agency; and   [PL 1977, c. 551, §3 (NEW).]
H. All staff memoranda submitted to the members of the agency or other presiding officers by agency staff in connection with their consideration of the case, except memoranda of counsel to the agency.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
2.  Hearings recorded.  The agency shall record all hearings in a form susceptible to transcription. Portions of the record as required and specified in subsection 1 may be included in the recording. The agency shall transcribe the recording when necessary for the prosecution of an appeal.  
[PL 1977, c. 551, §3 (NEW).]
3.  Record; copies.  The agency shall make a copy of the record, including recordings made pursuant to subsection 2, available at its principal place of operation, for inspection by any person during normal business hours; and shall make copies of the record, copies of recordings or transcriptions of recordings available to any person at actual cost. Notwithstanding the provisions of this subsection, the agency shall withhold, obliterate or otherwise prevent the dissemination of any portions of the record which are made confidential by state or federal statute, but shall do so in the least restrictive manner feasible.  
[PL 1977, c. 551, §3 (NEW).]
4.  Decision on the record.  All material, including records, reports and documents in the possession of the agency, of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the record and no other factual information or evidence shall be considered in rendering a decision.  
[PL 1977, c. 551, §3 (NEW).]
5.  Documentary evidence.  Documentary evidence may be incorporated in the record by reference when the materials so incorporated are made available for examination by the parties before being received in evidence.  
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
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Notes of Decisions
Cited in 13 cases, 1981–2018 · leading case: Davric Maine Corp. v. Maine Harness Racing Comm'n, 1999 ME 99 (Me. 1999).
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Davric Maine Corp. v. Maine Harness Racing Comm'n, 1999 ME 99 (Me. 1999). “” 5 M.R.S.A. § 9059(2) (1989). The APA defines “adjudicatory proceeding” as “any proceeding before an agency in which the legal rights, duties or privileges of specific persons are required by constitutional law or statute to be determined after an opportunity for hearing.”
Mallinckrodt LLC v. Littell, 616 F. Supp. 2d 128 (D. Me. 2009). “The hearing is recorded, 5 M.R.S.A. § 9059, and the Board decision “shall be in writing or stated in the record, and shall include findings of fact.”
City of Biddeford v. Adams, 1999 ME 49 (Me. 1999). “See 5 M.R.S.A. § 9059(4) (1989). An agency cannot use information that is not of record.”
Martin v. Unemployment Ins. Comm'n, 723 A.2d 412 (Me. 1998). “” See 5 M.R.S.A. § 9059(2), (3) (1989). There was no dispute that the Commission maintained its own audiotape equipment and recorded all hearings.”
Est. of Daniel Nickerson v. Alan Carter, 2014 ME 19 (Me. 2014). “Compare 5 M.R.S. § 9059(4) (2013) with 24 M.R.S. § 2854(1).”
Sebasticook Valley Health Care Facility, Inc. v. State, 484 A.2d 595 (Me. 1984). “In his decision he made detailed findings of fact, explained the interrelationship of the principles, and applied the principles to the facts in accordance with 5 M.R.S.A. § 9059. The Commissioner adopted that decision as the Department’s final decision.”
Brooking v. Maine Emp. Sec. Comm'n, 449 A.2d 1116 (Me. 1982). “Under these circumstances, it was wrong for the Commission to rely on the statement.”
Unknown, 2001 ME 9. · cites it 2× “” The Town further contends that the Board improperly adopted information from the Harwood proceeding, which in turn adopted as evidence the purchase by Jarvis Newman, another Greenings Island property owner, of two parcels of land in September of 1996.”
Conant v. Maine Dep't of Health & Human Svs. (Me. Super. Ct 2007). · cites it 2× “5 M.R.S.A. § 9059 does not exist so that the 7 The entry is : Petitioner's motion to supplement the record is DENIED; the final agency action of DHHS is AFFIRMED.”
Tinsman v. Maine Dep't of Health & Human Svs. (Me. Super. Ct 2013). · cites it 2× “Pursuant to 5 M.R.S.A. § 9059(4) (2012) of the Administrative Procedures Act, "[a]ll material, including records, reports and documents in the possession of the agency, of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the…”
Pierce v. Caron (Me. Super. Ct 2018). “" 5 M.R.S.A. § 9059(4). Plaintiffs argue that Board Member Mark MacLeod used outside research to affect the Board's decision.”
Middlesex Mut. Assurance Co. v. Maine Superintendent of Ins. (Me. Super. Ct 2003). “” 5 M.R.S.A. § 9059(4). The APA is specific regarding administrative 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…”
Show all 13 citing cases →
— Me. Rev. Stat. tit. 5, § 9059(2) — 3 cases
Davric Maine Corp. v. Maine Harness Racing Comm'n, 1999 ME 99 (Me. 1999). “” 5 M.R.S.A. § 9059(2) (1989). The APA defines “adjudicatory proceeding” as “any proceeding before an agency in which the legal rights, duties or privileges of specific persons are required by constitutional law or statute to be determined after an opportunity for hearing.”
Martin v. Unemployment Ins. Comm'n, 723 A.2d 412 (Me. 1998). “” See 5 M.R.S.A. § 9059(2), (3) (1989). There was no dispute that the Commission maintained its own audiotape equipment and recorded all hearings.”
Inhabitants of the Town of Searsport v. Bd. of Env't Prot., 438 A.2d 261 (Me. 1981).
— Me. Rev. Stat. tit. 5, § 9059(4) — 7 cases
City of Biddeford v. Adams, 1999 ME 49 (Me. 1999). “See 5 M.R.S.A. § 9059(4) (1989). An agency cannot use information that is not of record.”
Est. of Daniel Nickerson v. Alan Carter, 2014 ME 19 (Me. 2014). “Compare 5 M.R.S. § 9059(4) (2013) with 24 M.R.S. § 2854(1).”
Brooking v. Maine Emp. Sec. Comm'n, 449 A.2d 1116 (Me. 1982). “Under these circumstances, it was wrong for the Commission to rely on the statement.”
Unknown, 2001 ME 9. “” The Town further contends that the Board improperly adopted information from the Harwood proceeding, which in turn adopted as evidence the purchase by Jarvis Newman, another Greenings Island property owner, of two parcels of land in September of 1996.”
Tinsman v. Maine Dep't of Health & Human Svs. (Me. Super. Ct 2013). “Pursuant to 5 M.R.S.A. § 9059(4) (2012) of the Administrative Procedures Act, "[a]ll material, including records, reports and documents in the possession of the agency, of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the…”
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