Tuesday, February 17, 2015

Letter from Dwight Hines

Dwight E. Hines, Ph.D.
42 Israelson Rd.
Livermore, Maine 04253

February  17, 2015
Registered U.S. Mail # 7009 0080 0001 8550 3460

Orland G. McPherson, Chair
State Liquor & Lottery Commission
8 State House Station
Augusta, Maine 04333-0008

Dear Mr. McPherson:

This letter is a formal complaint about the lack of fair, Constitutionally protected substance and procedures in determining a license renewal for Carriage House Restaurant (prop. Michael Weaver) in the Town of Livermore.  I am a voter, a taxpayer, and potential business owner in Livermore.  My complaint is based on the following laws and facts:

1) Both Maine and the United States Constitutions require due process (including adequate notice, defined procedures for admissible evidence, unbiased tribunal, etc.) before property is taken from a citizen or business.  The Constitutions were ignored in the initial hearings on the license renewals.  I attended the hearings (& I recorded the meetings via audio and video solid state camera).

2)  I was so upset about the absence of procedure that I wrote a 10 page sworn affidavit that I sent to the liquor  commission, the Board, and the internet. Attached. In almost two months, not one person has challenged the accuracy or completeness of my sworn affidavit.  Indeed, the liquor commission did not respond at all.

3) About three weeks ago, an announcement was made in the Livermore Selectmen’s meeting by administrative assistant Carrie Castonguay that there would be an appeal’s hearing at the Town office at 9:30 A.M. on February 19, 2015 (this Thursday).   I fully expected to hear from the liquor commission providing me details on the procedures to be followed, be they based on Maine Administrative Procedures Act, or Maine Rules of Civil Procedure.   No such notification happened.   I did not even receive a written copy of the notice from Ms. Castonguay or anyone else.

4)  Finally, last week I called the liquor commission and spoke to the man who answered the phone for selection five, the selection that includes hearings.  I told him that I planned to intervene in the case.  He told me that he had forwarded my email of February 10, 2015, to the PIO in the liquor commission.  The email asked what procedures the appeal would follow so I could rush to get prepared.  The PIO has yet to reply to my request and you, the Commission, are now in non-compliance with State of Maine Freedom of Access Act because your PIO has failed to comply with the FOAA requirements.

5) I emailed Mr. Weaver and he told me that he did not receive any information from the Liquor Commission, even though he is the one appealing.  Mr. Weaver also said the appeal was being adjudicated by an enforcement officer, not an Administrative Law Judge.  Note bene: I am working independently of Mr. Weaver and his attorney.  I am noticing the GOC, an excellent joint legislative committee, and OPEGA, an outstanding research, fact finding, problem-identifying support group for the GOC, because irregularities and Constitutional violations against small businesses are completely antagonistic to Maine’s legislative, executive, and judicial policies on economics, business and development.  We want to protect small businesses, not destroy them.**

For these reasons, and others not listed, I am demanding that the hearing be postponed until there has been adequate time for me to work with the Town on discovery on Livermore Computer records (Federal Rule 26 legislative hold now in effect)  and to learn what procedures we will be following to avoid the arbitrary and capricious actions of the original hearings.


Dwight Hines

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