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Kennebunk BAR affirms quasi-judicial hearing rules and chair’s discretion on public comment
Summary
The board reiterated that abatement hearings are quasi-judicial: applicants present first, assessor rebuts, questions go through the chair, and the chair may permit or limit non-party public comments on relevancy grounds; hearings will not be televised due to privacy concerns.
The Board of Assessment Review reviewed hearing order and public-participation rules at its March 5 meeting, emphasizing the quasi-judicial nature of abatement hearings. The applicant presents the case first, followed by board questioning, then the assessor’s presentation and rebuttal; the board may then ask follow-up questions before voting. The board stressed that questions must go through the chair and that applicants may bring counsel and expert witnesses.
Counsel noted the chair has discretion to permit non-party public comment but may cut off remarks that are repetitive, irrelevant, or disruptive. The board confirmed it does not televise hearings because of the personal and financial nature of abatement cases, and that cross-examination-style questioning by applicants of the assessor is an accepted part of the process.
