An Act to Promote Equity m the Penmttmg Appeals Process
Maine Legislature, Session 131, LD 0219
Committee Amendment CA_A_H204 (House)
Amends: 38 MRSA §341-D, 38 MRSA §342, 38 MRSA §344, 38 MRSA §346

COMMITTEE AMENDJvIBNT " 
"to HP 140, L D 219, "An Act to Promote 
Equity m the Penmttmg Appeals Process" 
Amend the bill by st11kmg out the title and substitutmg the following 
'An Act Regarding Appeals of License or Permit Decisions of the Commissioner of 
Environmental Protection' 
Amend the bill by str1kmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 38 MRSA §341-D, sub-§3, as repealed and replaced by PL 2011, c 304, 
7 
Pt H, § 7, 1s amended to read 
3. Modification or corrective action. At the request of the comm1ss10ner and afte1 
written notice and opportunity for a hearmg pursuant to Title 5, chapter 375, subchapter 4, 
the board may modify m whole or m part any license, or may issue an 01der prescnbmg 
necessary corrective act10n, whenever the board finds that any of the criteria m section 342, 
subsection 11-B have been met The board may modify a license or orde1 corrective act10n 
as authonzed by this subsect10n at any time. mcludmg dm mg the pendency of a tudic1al 
appeal of a final dec1s1on rega1 dmg the license 
For the purposes ofthts subsection, "license" mcludes any license, permit, order, approval 
or cert1ficat1on issued by the department 
Sec. 2. 38 MRSA §341-D, sub-§4, 1A, as enacted by PL 1989, c 890, Pt A, § 13 
and affected by §40, 1s amended to read 
A 
Fmal license 01 permit dec1s1ons made by the comm1ss10ner when a person 
0 
aggrieved by a dec1s1on of the comm1ss10ner appeals that decision to the board w1thm 
0 days of the filmg of the decis10n with the board staff The board staff shall give 
written notice to persons that have asked to be notified of the decision Any proposed 
supplemental evidence offered by an appellant must be mcluded with the filing of the 
appeal The board may allow the record to be supplemented when it finds that the 
5 
evidence offered is relevant and material and that 
COMMITTEE AMENDMENT 
~~~ftU 
COMMITTEEAMENDMENT" fJ;'toHP 140,LD 219 
( 1) An mterested party seeking to supplement the record has shown due d1hgence 
m brmgmg the evidence to the licensmg process at the earliest possible time, or 
(2) The evidence ts newly discovered and could not, by the exercise of diligence, 
have been discovered m time to be presented earlier m the licensing process 
The board may admit into the record supplemental evidence offered by a respondent m 
response to proposed supplemental evidence offered by an appellant and the issues 
raised on appeal The board may admit mto the record additional evidence and analysts 
submitted by department staff m response to issues raised on appeal or supplemental 
evidence offered by an appellant. respondent or mterested party The board 1s not bound 
by the commissioner's findmgs of fact or conclusions of law but may adopt, modify 01 
reverse findmgs of fact or conclusions of law established by the comm1ss1oner 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 hearmg held 
by the board, 
Sec. 3. 38 MRSA §342, sub-§11-B, as amended by PL 2017, c 137, Pt A, §4, is 
further amended by amendmg the first blocked paragraph to read· 
The commissioner may i evoke or suspend a license as authorized by this subsection at any 
time, mcludmg durmg the pendency of a 1Udic1al appeal of a final decision regaidmg the 
license For the purposes ofthts subsect10n, "license" mcludes any license, permit, order, 
approval or certification issued by the department and "licensee" means the holder of the 
license 
Sec. 4. 38 MRSA §344, sub-§9, as amended by PL 2011, c 538, §4, 1s further 
amended to read 
9. License or permit renewals, amendments, revisions, condition compliance, 
surrenders and transfers. Fot put poses ofth1s section, a request for a license or permit 
renewal, amendment, revision, condition compliance, surrender or transfer is considered 
an apphcation that, unless specifically exempted by law, is subject to a decision by the 
department 
The commissioner may act on an apphcation for a hcense or permit renewal, amendment, 
rev1s1on, cond1t1on comphance, surrender or transfer at any time, mcludmg durmg the 
pendency of a 1Ud1cial appeal of a final dec1S1on regardmg the hcense or permit. 
Sec. 5. 38 MRSA §346, sub-§1, as amended by PL 2009, c 642, Pt B, §3, ts fu1ther 
amended to read· 
1. Appeal to Superior Court. Except as provided m subsect10n 4 and sect10n 347-A, 
subsection 3 or 4, any person aggrieved by any order or deern1on other final action of the 
board or commissioner may appeal to the Super101 Court. These appeals to the Supetio1 
Court must be taken m accordance with Title 5, chapter 3 75, subchaptet 7 
Sec. 6. 38 MRSA §346, sub-§5 ts enacted to read 
5. Tolling of deadlines. When a license or permit decision or other final action of the 
board 01 the comm1ss1oner is appealed to a court in accordance with this section, the board 
or the commissioner may toll for the pendency of the mdicial appeal the runnmg of time 
for any deadlme estabhshed m the license, permit or action unde1 appeal ' 
COMMITTEE AMENDMENT 
ROS 1 
COMMITTEEAMENDMENT"A "toHP 140,LD 219 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment replaces the bill, which is a concept draft. It provides for the 
following changes to the laws governing orders and decis10ns of the Commissioner of 
Environmental Protection and the Boa~d of Environmental Protection and appeals of those 
orders and decisions 
Current law provides that the commissioner may revoke or suspend a license 1f the 
commissioner finds that certam specified statutory cntena have been met The board is 
similarly authorized by law to modify a license or ordei necessary corrective action if the 
board finds that the same statutory criteria have been met The amendment provides that 
such a revocation or suspens10n of a license by the commissioner or such a modification of 
a license or ordermg of corrective action by the board may occur at any time, mcludmg 
during the pendency of a Judicial appeal of a final dec1S1on regarding the license The 
amendment provides that the commissioner may act on an apphcat1on for a hcense or 
permit renewal, amendment, rev1S1on, cond1t1on compliance, surrender or transfer at any 
time, mcludmg durmg the pendency of a Judicial appeal of a final decision rega1 dmg the 
hcense or permit 
It provides that, on appeal to the board of a final license or permit decision of the 
commissioner, an appellant must mclude any proposed supplemental evidence with the 
filmg of the appeal and the board may admit mto the record supplemental evidence offered 
by a respondent m response as well as additional evidence and analysis submitted by 
Department of Environmental Protection staff m response 
It provides that when a license or permit dec1s10n or other fmal action of the board 
or the commissioner is appealed to a court, the board or the commissioner may toll for the 
pendency of the Judicial appeal the runnmg of time for any deadline established in the 
hcense, permit or action under appeal 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved 05/16/23 ;r/:Pae 
LD219 
LR 1542(02) 
An Act to Promote Equity in the Permitting Appeals Process 
Fiscal Note for Bill as Amended by Committee Amendment 'A" l 1-\ - 20"\) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost increase - Other Special Revenue Funds 
Any addit10nal costs to the Department of EnVIronmental Protection to implement the proVIsions of this bill a1e 
expected to be mmor and can be absorbed within ex1stmg budgeted resomces 
LR1542(02) - Fiscal Note - Page 1 of 1