Administrative Law

It is well known that the personal and business affairs of organizations and individuals are increasingly becoming subject to the jurisdiction and oversight of federal and state administrative agencies. Smith Legal keeps informed of these new developments in order to provide the best possible advice to clients in a variety of matters involving state and federal agencies. We have working knowledge of Maine’s Administrative Procedure Act and other rules and standards of practice before government agencies. We represent clients in administrative hearings and in administrative and court appeals in matters involving permitting, licensing, petitions and applications, rule promulgation, personnel cases, challenges of enforcement actions, and other matters.

No client is too small or large. We represent clients, including, individuals, businesses and governmental bodies in matters relating to applications and reviews, administrative and court appeals, petitions, licensing decisions, rulemaking and personnel cases, enforcement, and adjudicatory proceedings. Smith Legal's staff works steadfastly to ensure that regulatory bodies are cognizant of their regulations and decisions and that clients receives fair and due process. Whether through informal process or formal litigation at the administrative or court levels, we work to obtain favorable outcomes and ensure that the record best supports the client’s case.

As part of his administrative law practice, Ben has also advised school units on litigation and non-litigation matters.  This work has included advising school boards during their consideration and deliberation of administrative proceedings, including student suspension and expulsion hearing, as well as termination proceedings for teachers.  Ben has also provided schools with guidance on free speech and first amendment issues, including limitations imposed on such rights given the primary mission of schools to teach and provide a safe and secure learning environment for student populations.

A few representative cases in which Ben has advised clients in administrative matters include the following:

• Represented a non-profit corporation and intervenor to a petition by Central Maine Power Company for a certificate of public convenience and necessity for a 200+ mile HVDC transmission line and associated AC upgrades before the MPUC and before the Maine Land Use Planning Commission and Department of Environmental Protection.
• Represented a private builder and developer in an enforcement matter before the Department of Environmental Protection that involved questions of law and fact pertaining to Maine’s Natural Resources Protection Act (NRPA), including, the suitability of compensation for lost resource functions associated with certain wetland areas, negotiated in lieu fee arrangement.
• Defended purchasing decision of the Maine Public Utilities Commission for a $32 Million contract for the State of Maine’s NextGen 911 system, and the chosen bidder was ultimately awarded the contract.
• Defended purchasing decision of the Maine Public Utilities Commission relating to certain competitively solicited grants relating to projects funded with state energy efficiency and conservation funds.
• Represented both employees and employers in variety of matters before Maine’s Department of Labor, Bureau of Unemployment Compensation, obtaining favorable outcomes for employers and employees.
• Successfully advocated on behalf of school administrative unit for expulsion of a student, and for which the school was left with no other feasible option to protect its student body.
• Advised school board in a teacher termination proceeding, assisted the board in making findings of fact and conclusions, which became final and was not appealed.

School Law

Ben has also served as an advocate on behalf of school districts, as well as counsel to assist school boards during their consideration and deliberation of administrative proceedings, including student suspension and expulsions and termination proceedings. Ben has also assisted school units in other litigation and non-litigation matters, including, advice on free speech and first amendment issues and the limitations of such rights given the primary missions of schools to teach and provide a safe and secure learning environment for their entire student population.