An Act To Define "Person Aggrieved" in Proceedings before the Department of Environmental Protection and the Maine Land Use Regulation Commission
Maine Legislature, Session 125, LD 1647
Committee: Judiciary
Sponsors: SAVIELLO
Amends: 12 MRSA §682, 38 MRSA §341-D, 38 MRSA §361-A

Legislative Document 
No. 1647 
S.P. 546 
In Senate, December 21, 2011 
An Act To Define "Person Aggrieved" in Proceedings before the 
Department of Environmental Protection and the Maine Land Use 
Regulation Commission 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 19, 2011.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 218. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §682, sub-§6-A is enacted to read: 
6-A.  Person aggrieved.  "Person aggrieved" means a person that the commission 
determines has suffered or may suffer an actual or imminent injury as a result of a 
licensing or other decision of the commission. For the purposes of this subsection, 
"injury" means a decision of the commission that adversely and directly affects or will 
adversely and directly affect an aggrieved person's property, pecuniary or personal rights. 
Sec. 2.  38 MRSA §341-D, sub-§4, ¶A, as enacted by PL 1989, c. 890, Pt. A, §13 
and affected by §40, is amended to read: 
A.  Final license or permit decisions made by the commissioner when a person 
aggrieved by a decision of the commissioner appeals that decision to the board within 
days of the filing of the decision with the board staff.  The board staff shall give 
written notice to persons that have asked to be notified of the decision.  The board 
may allow the record to be supplemented when it finds that the evidence offered is 
relevant and material and that: 
(1)  An interested party A person aggrieved seeking to supplement the record has 
shown due diligence in bringing the evidence to the licensing process at the 
earliest possible time; or 
(2)  The evidence is newly discovered and could not, by the exercise of diligence, 
have been discovered in time to be presented earlier in the licensing process. 
The board is not bound by the commissioner's findings of fact or conclusions of law 
but may adopt, modify or reverse findings of fact or conclusions of law established 
by the commissioner.  Any changes made by the board under this paragraph must be 
based upon the board's review of the record, any supplemental evidence admitted by 
the board and any hearing held by the board; 
Sec. 3.  38 MRSA §361-A, sub-§3-D is enacted to read: 
3-D.  Person aggrieved.  "Person aggrieved" means a person that the department 
determines has suffered or may suffer an actual or imminent injury as a result of a 
licensing or other decision of the department. For the purposes of this subsection, "injury" 
means a decision of the department that adversely and directly affects or will adversely 
and directly affect an aggrieved person's property, pecuniary or personal rights. 
SUMMARY 
This bill provides a definition of "person aggrieved" in the laws governing the Maine 
Land Use Regulation Commission and the Department of Environmental Protection. It 
also provides that a person aggrieved, rather than an interested party, may seek to 
supplement the record in an appeal to the Board of Environmental Protection.