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 Amendment CA_A_S464 (Senate)
Committee: Judiciary

COMMITTEE AMENDMENT "A " to S.P. 546, L.D. 1647, Bill, "An Act To 
Define "Person Aggrieved" in Proceedings before the Department of Environmental 
Protection and the Maine Land Use Regulation Commission" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Require Rulemaking Regarding Standing To Appeal in Proceedings 
before the Board of Environmental Protection and the Maine Land Use Regulation 
Commission' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Standing governing administrative appeals to the Maine Land 
Use Regulation Commission. Resolved: That the Maine Land Use Regulation 
Commission shall adopt rules to conform the standards for standing to appeal a decision 
to the commission to the judicial standards for standing to appeal a decision of the 
commission to court. Rules adopted pursuant to this section are major substantive rules 
under the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A and are subject to 
legislative review by the joint standing committee of the Legislature having jurisdiction 
over judiciary matters; and be it further 
Sec. 2. 
Standing governing administrative appeals to the Board of 
Environmental Protection. Resolved: That the Board of Environmental Protection 
shall adopt rules to conform the standards for standing to appeal a decision to the board to 
the judicial standards for standing to appeal a decision of the board to court. 
Notwithstanding the Maine Revised Statutes, Title 38, section 341-H, rules adopted by 
the board pursuant to this section are major substantive rules under Title 5, chapter 375, 
subchapter 2-A and are subject to legislative review by the joint standing committee of 
the Legislature having jurisdiction over judiciary matters.' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 546, L.D. 1647 
This amendment replaces the bill with a resolve. 
This amendment directs the Board of Environmental Protection and the Maine Land 
Use Regulation Commission to adopt rules governing standing for administrative appeals 
to the board and commission, respectively. The standing for administrative appeals must 
be the same as the standing that has been established for persons to appeal decisions of 
the board or the commission to court. The rules are major substantive rules under the 
Maine Administrative Procedure Act and are subject to review by the joint standing 
committee of the Legislature having jurisdiction over judiciary matters. 
FISCAL .\OT£ REQllRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/13112 
~ac 
LD 1647 
LR 2513(02) 
An Act To Define "Person Aggrieved" in Proceedings before the Department of Environmental 
Protection and the Maine Land Use Regulation Commission 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A" S ... 4(,* 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The Department of Conservation and the Board of Environmental Protection can undertake required rulemaking 
activities within existing resources in FY 2012-13. 
LR2513(02) - Fiscal Note - Page 1 of 1