§1959. Enforcement of orders and judicial review

Link to law: http://legislature.maine.gov/legis/statutes/13/title13sec1959.html
Published: 2015

§1959. Enforcement of orders and judicial review








1. Complaint. 
The board shall have power to complain to the Superior Court for the enforcement
of its orders made under sections 1958 and 1965 and for appropriate temporary relief
or restraining order, and shall file in the court the original or certified copy of
the entire record in the proceeding, and shall cause notice of such complaint to be
served upon such person, and said court shall thereupon have jurisdiction of the proceeding
and of the question determined therein, and shall have power to grant such temporary
relief or restraining order as it deems just and proper, and to make and enter a judgment
enforcing, modifying and enforcing as so modified, or setting aside in whole or in
part, the order of the board. No objection that has not been urged before the board
may be considered by the court, unless the failure or neglect to urge such objection
shall be excused because of extraordinary circumstances. The findings of the board
with respect to questions of fact, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. If either party shall apply to the court
for leave to adduce additional evidence and shall show to the satisfaction of the
court that such additional evidence is material and that there were reasonable grounds
for the failure to adduce such evidence in the hearing before the board, the court
may order such additional evidence to be taken before the board and to be made a part
of the record. The board may modify its findings as to the facts, or make new findings,
by reason of additional evidence so taken and filed, and it shall file such modified
or new findings, which findings with respect to questions of fact if supported by
substantial evidence on the record considered as a whole shall be conclusive, and
shall file its recommendations, if any, for the modification or setting aside of its
original order.


[
1987, c. 155, §16 (AMD)
.]








2. Appeal. 




[
1977, c. 694, §284 (RP)
.]








3. Stay. 
The provisions of Title 5, section 11004, shall govern with respect to any application
for a stay of an order of the board.


[
1987, c. 155, §17 (AMD)
.]








4. Procedure. 




[
1977, c. 694, §286 (RP)
.]








5. Penalties. 
In an action to enforce an order or in a separate action, the board may seek civil
penalties for violation of this article. In any such action, a violation shall be
punishable by a civil penalty of not more than $5,000. When the violation is a refusal
to bargain under section 1958 or an unfair practice under section 1965, each day that
such conduct occurred shall constitute a separate violation. If a qualified association
is found to have committed a violation under sections 1958 and 1965, and if a civil
penalty is imposed, and if the court finds that the association is unable to pay the
civil penalty, the court shall instead issue an order suspending for one year the
association's rights as a qualified association under this article.


[
1987, c. 155, §18 (NEW)
.]





SECTION HISTORY

1973, c. 621, §1 (NEW).
1973, c. 788, §54 (AMD).
1977, c. 694, §§284-286 (AMD).
1987, c. 155, §§16-18 (AMD).
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