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Maine Statutes, Title 3

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Maine/Statutes

← All Maine coverage

Title 3, Title 3

23 chapters · 181 sections in this title.

All chapters in Title 3181 Ch 29, Chapter 2931 Ch 21, Chapter 2128 Ch 15, Chapter 1519 Ch 1, Chapter 114 Ch 7, Chapter 714 Ch 35, Chapter 3513 Ch 37, Chapter 3711 Ch 10, Chapter 1010 Ch 31, Chapter 319 Ch 6, Chapter 67 Ch 24, Chapter 247 Ch 5, Chapter 55 Ch 36, Chapter 364 Ch 25, Chapter 253

28 sections·Filtered byTitle 3✕Ch 21✕

3 M.R.S. § 401 Short title
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This Act may be called "Rules for Legislative Investigations."
3 M.R.S. § 402 Definitions
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As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1975, c. 593, §3 (NEW).] 1. Chair. The "chair" is the presiding officer of the investigating committee. The chair may be the permanent chair or another memb…
3 M.R.S. § 411 Creation
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Whenever the Legislature delegates to a committee the power to administer oaths, issue subpoenas and take depositions in connection with any study or investigation, such committee shall automatically become an investigating committee for the purpose of such study or investigation…
3 M.R.S. § 412 Scope of study or investigation
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The authorization creating an investigating committee shall clearly state, and thereby limit, the subject matter and scope of the study or investigation. No investigating committee shall exceed the limits set forth in such authorization.

3 M.R.S. § 413 Number of members

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No investigating committee shall consist of fewer than 3 members.

3 M.R.S. § 414 Oversight of expenditures

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The Legislative Council shall provide oversight of expenditures for legislative investigating committees in the same manner as it provides oversight of joint select committees pursuant to chapter 7.

3 M.R.S. § 421 Investigating committee action

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Any investigating committee action shall require the affirmative votes of a majority of the committee members.

3 M.R.S. § 422 Order of procedure

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The decision as to the order of procedure in making a study or an investigation shall be an investigating committee action.

3 M.R.S. § 423 Issuance of a subpoena

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The decision to issue a subpoena shall be an investigating committee action.

3 M.R.S. § 424 Notice to witnesses

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A reasonable time before they are to testify, all prospective witnesses shall be notified of the subject matter of the investigation and shall be provided with a copy of this chapter. When a subpoena is served, the information required by this section shall be presented at the ti…

3 M.R.S. § 425 Notice to members

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Notice of the date and time of any meeting of the committee and of any hearing to be held by the committee shall be given to all members of the investigating committee at least 3 days in advance.

3 M.R.S. § 426 Oaths

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All testimony of subpoenaed witnesses shall be under oath. A voluntary witness may be required to testify under oath by legislative committee action. Oaths shall be administered by the chairman.

3 M.R.S. § 427 Testimony

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Taking of testimony must be by the investigating committee's counsel, or other staff personnel or the members of the committee. A quorum must be present. Unless otherwise decided by investigating committee action, all testimony must be taken in open session. However, if any witne…

3 M.R.S. § 428 Records

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A complete record shall be kept of all investigating committee action, including a transcript of all testimony taken.

3 M.R.S. § 429 Release of testimony

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1. Release. The decision to release testimony and the decision as to the form and manner in which testimony may be released is an investigating committee action. However, no testimony may be released without first affording the witness who gave such testimony, or the witness's co…

3 M.R.S. § 430 Request for court to compel obedience

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The decision to apply to the Superior Court to compel obedience to a subpoena issued by the committee shall be by investigating committee action.

3 M.R.S. § 451 Counsel

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The witness may have counsel present to advise the witness at all times. The witness or the witness's counsel may, during the time the witness is giving testimony, object to any investigating committee action detrimental to the witness's interests and is entitled to have a ruling…

3 M.R.S. § 452 Questioning of adverse witnesses

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The witness or the witness's counsel may question adverse witnesses whose testimony is being taken in open session. However, the chair of the investigating committee may reasonably limit the right to so question. The chair's ruling is final, unless otherwise decided by investigat…

3 M.R.S. § 453 Pertinency of requested testimony

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The witness or the witness's counsel may challenge any request for the witness's testimony as not pertinent to the subject matter and scope of the investigation, in which case the relation believed to exist between the request and the subject matter and scope of the investigation…

3 M.R.S. § 454 Who can compel testimony

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The committee chair may direct compliance with any request for testimony to which objection has been made. However, the chair's direction may be overruled by investigating committee action.

3 M.R.S. § 455 Television, films, radio

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Any decision to televise, film or broadcast testimony is investigating committee action. If the witness or the witness's counsel objects to a decision to televise, film or broadcast the witness's testimony, the witness's testimony may not be televised, filmed or broadcast.

3 M.R.S. § 456 Statements and form of answers

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The witness or the witness's counsel may insert in the record sworn, written statements of reasonable length relevant to the subject matter and scope of the investigation. In giving testimony, the witness may explain the witness's answers briefly.

3 M.R.S. § 457 Privileges

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The witness must be given the benefit of any privilege which the witness could have claimed in court as a party to a civil action, provided that the committee chair may direct compliance with any request for testimony to which claim of privilege has been made. However, the chair'…

3 M.R.S. § 458 Rights of interested parties

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Any interested party may request an opportunity to appear before the investigating committee. The decision on this request shall be investigating committee action. If such request is granted, the interested party shall appear before the committee as a witness.

3 M.R.S. § 471 Legislative responsibility

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The Legislature has primary responsibility for insuring adherence to these rules.

3 M.R.S. § 472 Erroneously compelled testimony

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Testimony compelled to be given over a proper claim of privilege, or testimony released in violation of section 429, or any evidence obtained as a result of such improper procedure is not admissible in any subsequent criminal proceeding.

3 M.R.S. § 473 Contempt

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A witness may not be punished for contempt of an investigating committee unless the court finds: [PL 2019, c. 475, §29 (AMD).] 1. Conduct. That the conduct of the witness amounted to contempt; 2. Certain requirements. That the requirements of sections 424, 430, 453 and 454 have b…

3 M.R.S. § 474 Saving clause

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A decision by a witness to make use of any protection or remedy afforded by any provision of these rules does not constitute a waiver by the witness of the right to make use of any other protection or remedy.