reglab/statecodes huggingface dataset:
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-5 - Time

Current through 2024-29, July 17, 2024
A.
Time Calculations.
In
				computing any period of time prescribed or allowed by these rules or by order
				of the Board, the day of the act, event, or default after which the designated
				period of time begins to run is not to be included. The last day of the period
				so computed is to be included, unless it is a Saturday, a Sunday, or a legal
				holiday, in which event the period runs until the end of the next day which is
				not a Saturday, a Sunday, or a legal holiday. Where the time period within
				which an action must be taken is specified by statue, the terms of the statute
				will control and the provisions of this paragraph will not apply.
B.
Enlargement of Time.
When by
				these rules or by a notice or order issued by the Board, an act is required or
				allowed to be done at, before, or within a specified time, the Board for good
				cause shown may, at any time, at its discretion, with or without request,
				motion or notice, order the period enlarged before the expiration of the period
				originally prescribed or extended by previous order, provided that time limits
				or periods that apply to other persons affected by the resulting change or
				delay are also adjusted appropriately.Requests for enlargement of time which
				are filed after expiration of the period originally prescribed or as extended
				by previous order will be granted only in exceptional circumstances.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-6 - Defective Filings

Current through 2024-29, July 17, 2024
A.
Inspection
				and Filing Date.
Upon receipt of any filing subject to this rule, the
				document and any material accompanying it will be inspected by the Board. If
				the document is found by the Board to be defective or insufficient, the Board
				shall, within 10 days from its receipt of the filing, inform the person filing
				it of the defect or omission, and the defective or insufficient document will
				not be deemed to be filed. The defective or insufficient document will be
				retained by the Board, marked to indicate that it is not deemed filed. Within
				10 days of the submission of additional material by the filing party in
				response to the notice of defects, the Board shall determine whether the
				defects or omissions have been corrected and will notify the filing party of
				its determination. The filing date for such a document will be deemed to be the
				date on which the last document that removed any defect or made the filing
				complete was received by the Board, except that the Board may treat the date
				that the insufficient document was filed as the filing date, if the
				deficiencies are found to be immaterial or not to have delayed, impeded, or
				interfered with the ability of the Agency or any party to respond to,
				investigate, or process the filing For the purposes of the this subsection, an
				application or form is defective or insufficient if it fails to include all the
				information required by statute or by applicable rule.
B.
Effect of Failure to Note
				Defects.
The absence of action by the Board noting defects or
				insufficiencies and adjusting the filing date accordingly shall not constitute
				a substantive finding that the information contained in the document is
				sufficient to establish that any relief or action requested in the document
				should be granted or that any facts asserted in the document have been proven,
				nor shall it be construed to limit in any way the Board's authority to request
				further data or information from the filing party during the course of a
				proceeding.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-7 - Motions and Requests

Current through 2024-29, July 17, 2024
A.
General
				requirements.
Every motion or request for an order or ruling of any kind
				by the Board must be made in writing, unless made on the record during a
				hearing to which the request or motion is related. Every request or motion
				should include or be accompanied by a clear and detailed statement of the facts
				that support the order or other action sought. The statement supporting the
				request or motion should also include any arguments with respect to policy or
				law that have a bearing on the request.
B.
Form.
Requests or motions and
				their supporting papers must be clearly labeled on the first page with a title
				that includes "motion" or "request," a short description of the action or order
				requested, and a caption sufficient to identify the matter to which the request
				or motion relates. If legal arguments are advanced, the supporting statement
				accompanying the motion must include citations to all supporting authorities
				relied upon by the moving party.
C.
Statements in opposition.
Any party opposing a motion shall file a
				statement in opposition to the motion or request within seven (7) days after
				service of the motion, unless some other period is established by the
				Board.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-8 - Notice

Current through 2024-29, July 17, 2024
A.
Notice of hearing.
The
				provisions of 5 MRSA section9052 shall govern the content and manner of notice
				of any adjudicatory hearing scheduled to be held by the Board.
B.
Preliminary notice of filing.
The Board may, at its discretion, give notice of the filing in cases where: (1)
				no hearing is required; (2) a decision as to whether to hold a hearing has not
				yet been made; or (3) a hearing has not yet been scheduled. This notice may be
				given for purposes of advising persons of their rights to intervene in a
				pending matter, scheduling a prehearing conference or for any other purpose the
				Board deems appropriate, and may contain such information as the Board deems
				relevant to its purpose. In cases where a preliminary notice is issued and a
				hearing is subsequently scheduled, a formal notice of hearing will also be
				issued in accordance with paragraph A of this section.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-9 - Public Participation

Current through 2024-29, July 17, 2024
A.
Intervenors.
The provisions of 5 MRSA section9054 shall govern the
				admission and participation of intervenors in any adjudicatory proceeding
				before the Board.
1.
Form of
				application.
An application for intervenor status must be made to the
				Board in writing. An application for intervention as of right pursuant to 5
				MRSA section9054(1) shall contain a statement explaining how the applicant is
				or may be, or is a member of a class which is or may be, substantially and
				directly affected by the proceeding, or identifying the applicant's status as
				an agency of federal, state or local government. An application for permissive
				intervention pursuant to 5 MRSA section9054(2) shall contain a statement
				explaining the applicant's interest in the proceeding.
2.
Time for filing.
An
				application for intervenor status may be filed at any time after the proceeding
				to which it relates is initiated, whether the proceeding is initiated by filing
				of an application with the Board, by issuance of a notice of hearing or
				otherwise, but shall be filed within the time permitted for intervenor
				applications by an order of the Board which is publicly noticed. Any person who
				applies for intervenor status after the deadline established by the Board,
				shall be permitted to intervene only upon a compelling demonstration of good
				cause.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-10 - Discovery

Current through 2024-29, July 17, 2024
A.
Board and staff.
The Board
				and Agency staff shall have all authority granted to them by statute to obtain
				information in any proceeding, and the provisions of this section shall not be
				construed to limit that authority in any way.
B.
Informational requests.
All
				parties shall have the right to serve informational requests upon any party,
				subject to the following terms and procedures:
1.
Form.
Informational requests
				must be made in writing, unless made on the record in a hearing, and must be
				specifically directed to a particular party or parties. A copy of each request
				shall be provided to the Board and each party in a manner which the Board
				directs.
2.
Scope.
Information requests shall be relevant to the issues involved in the pending
				proceeding and shall not be unduly burdensome or repetitious.
3.
Objections.
Objections to an
				informational request shall be filed with the Board no later than five (5) days
				after it is received, unless a different period is prescribed by
				order.
4.
Response to
				information requests.
Each informational request shall be answered
				within fourteen (14) days after its receipt or such other period as may be
				ordered by the Board, except as to any part of a request to which specific and
				timely objection is made. In cases where timely objection has been made and the
				objection is subsequently overruled, the requested information shall be
				provided within fourteen (14) days of receipt of the Board's ruling on the
				objection or such other period as may be provided in that ruling. A copy of the
				responsive material shall be provided to the Board and to each party.
				Responsive material does not become part of the record of hearing unless
				offered and admitted.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-11 - Prehearing Conferences

Current through 2024-29, July 17, 2024
A.
General.
The Board may on its own motion or upon the motion of any
				party hold a prehearing conference for any purpose that may expedite the
				orderly conduct and disposition of a proceeding, including but not limited to
				formulating or simplifying the issues, considering motions, establishing
				discovery schedules and limitations upon discovery, resolving discovery
				disputes, arranging for exchange of proposed exhibits or pre-filed testimony,
				identifying witnesses or providing for procedures to be followed at the
				hearing. In cases where the Board deems it advisable, the Board may hold more
				than one prehearing conference with respect to a proceeding.
B.
Notice.
Notice of a
				prehearing conference may be provided in the notice of hearing, at other
				relevant times or pursuant to section 8(B)of these rules.
C.
Prehearing memoranda.
The
				Board may require the filing of prehearing memoranda before or after a
				prehearing conference, or both, as it deems appropriate. The contents and order
				of filing of these memoranda shall be specified in an order issued by the
				Board.
D.
Prehearing
				order.
The Board may issue an order based upon a prehearing conference
				or prehearing memoranda which will control the course of subsequent
				proceedings. Modification of such an order may be allowed at the hearing by the
				Board, but only for good cause shown or to prevent manifest
				injustice.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-12 - Subpoenas

Current through 2024-29, July 17, 2024
A.
Authority.
Pursuant to 5 MRSA
				section9060, in any adjudicatory proceeding, any party upon application, shall
				be entitled as of right to the issuance of subpoenas in the name of the Board
				to require the attendance and testimony of witnesses and the production of
				evidence relating to any issue of fact in the proceeding, subject to the
				provisions of 5 MRSA section9060(1)
B.
Form.
Each request for
				issuance of a subpoena shall be accompanied by a proposed subpoena which shall,
				to the extent practicable, adhere to the form used in civil actions.
C.
Service.
The party requesting
				the subpoena shall be responsible for service. A subpoena may be served by the
				sheriff, his deputy, a constable or any other person who is not a party and not
				less than eighteen (18) years of age, by delivering a copy of the subpoena to
				the person named in it. The party requesting the subpoena shall also be
				responsible for the tender of witness fees; witnesses shall be entitled to the
				same fees and allowance as witnesses in Superior Court. No person shall be
				excused from attending and testifying in obedience to a subpoena on the ground
				that the proper witness fee was not tendered or paid, unless the witness shall
				have demanded such payment as a condition precedent to attending the hearing,
				examination or investigation and unless such demand shall not have been
				complied with.
D.
Timing of
				requests for subpoenas.
Requests for subpoenas will be processed as
				expeditiously as is reasonably possible, but the requesting party should not
				anticipate immediate issuance of a subpoena upon filing of the request.
				Requests for subpoenas requiring attendance or production of documents at a
				scheduled hearing should be filed no later than ten (10) days prior to the
				hearing date, unless some other deadline is provided by order of the Board, in
				order to provide the witness subpoenaed a reasonable opportunity to exercise
				his or her rights under 5 MRSA section9060(1)(C) to petition the Board to
				vacate or modify the subpoena. Requests for subpoenas filed less than the
				prescribed number of working days before a scheduled hearing will be granted
				only upon a showing of good cause.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-13 - Hearings, general provisions

Current through 2024-29, July 17, 2024
A.
Hearings
				held when required.
Hearings will be held whenever required by statute,
				and otherwise as the Board may determine in specific cases.
B.
Fairness.
Hearings shall be
				conducted in an impartial manner.
C.
Rights of the parties.
Unless
				limited by stipulation or order in accordance with these rules, or unless
				limited by the Board to prevent repetition or unreasonable delay in
				proceedings, every party shall have the right to present evidence and argument
				on all relevant issues, and at any hearing to call and examine witnesses and to
				make oral cross-examination of any person present and testifying.
D.
Agency participation.
Hearings will be held before the Board or such presiding officer as the Board
				may designate. The Agency may appear at any hearing and shall have the same
				rights, obligations and duties as any other party to the proceeding.
E.
Sworn testimony.
All
				witnesses shall swear that their testimony is wholly truthful or shall make a
				solemn affirmation to that effect in lieu thereof.
F.
Presiding officer
1.
Authority.
Pursuant to 5 MRSA
				section9062, the Board may designate a presiding officer for any hearing. A
				presiding officer shall have all powers enumerated in 5 MRSA section9062(3) and
				in these rules and, in addition, may exercise such powers of the Board under
				these rules as the Board may designate.
2.
Reports
a. Any proposed findings of fact or any
				proposed decision prepared by the presiding officer shall be made only in the
				form of a written report. A copy of the report shall be provided to each party
				and an opportunity shall be provided for responses or exceptions to be filed by
				each party. The presiding officer shall establish the time within which
				responses or exceptions may be filed.
b. The presiding officer may orally recount
				the evidence and may orally provide the Board with advice in the course of its
				deliberations, whether or not a report has been prepared. When a report has
				been prepared and the time for filing has elapsed, the presiding officer may,
				upon request of the Board, comment upon the proceeding, the report and the
				exceptions thereto.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-14 - Exhibits

Current through 2024-29, July 17, 2024
A.
Technical matter.
When
				evidence to be presented consists of technical matter or figures so numerous to
				make oral presentation likely difficult to follow, the Board may require that
				such evidence be presented in exhibit form, supplemented and explained by oral
				testimony.
B.
Withdrawal of
				exhibits.
No exhibit received in evidence may be withdrawn except with
				the approval of the hearing's presiding officer.
C.
Late-filed exhibits
1. The presiding officer may, at his
				discretion, allow documentary evidence to be marked as a late-filed exhibit and
				offered as evidence after the close of a hearing if (a) the evidence proposed
				to be submitted is described at the hearing with sufficient detail to apprise
				all parties of its content and purpose; and (b) the parties agree that the
				evidence may be offered as a late-filed exhibit, or the presiding officer so
				orders.
2. Unless another date or
				dates are specified by the presiding officer, late-filed exhibits may be
				offered no later than ten (10) days after the last day upon which a hearing is
				held or five (5) days before the first date on which briefs must be submitted,
				whichever is earlier. A copy of each late-filed exhibit must be provided to
				each party at the same time that it is offered. The agreement of the parties or
				the order of the presiding officer to allow the offering of such an exhibit
				shall not constitute admission of that document into evidence. Any party may
				within five (5) days after an offer of any late filed exhibit, object to its
				admission and or request an opportunity to conduct cross examination or to
				present rebuttal evidence in connection with the exhibit, unless that party has
				plainly and specifically waived its right to do so on the record of the hearing
				at which leave to offer the exhibit was granted.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-16 - Bifurcated Hearing

Current through 2024-29, July 17, 2024
In any proceeding the Board may order that any hearing be
				  held in stages. In such cases, the Board may schedule a hearing recess of such
				  duration and in such form as it deems reasonable.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-17 - Arguments

Current through 2024-29, July 17, 2024
The Board may, at its discretion, order or permit the filing
				  of briefs and/or the presentation of oral arguments prior to the Board's
				  rendering of a decision in a case.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-18 - Twopart Decision

Current through 2024-29, July 17, 2024
In extraordinary circumstances, including those in which a
				  time constraint imposed by rule or statute requires the issuance of a decision
				  by a specific date, the Board may issue its decision in two (2) parts. The
				  first part shall plainly state the result of the decision, specify the orders
				  made by the Board and summarize the factual conclusions reached. The second
				  part shall contain the full statement of findings of fact required by this
				  section and made by the Board as a basis for its decision. The second part
				  shall be issued as soon after the issuance of the first part as possible, but
				  in no case more than seven (7) days after such issuance. The time for taking an
				  appeal from a decision issued in two (2) parts begins to run from the date of
				  receipt.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-19 - Rehearing and reopening

Current through 2024-29, July 17, 2024
Motions for rehearing or reopening to change, modify, rescind
				  or vacate a decision or order of the Board must be filed in writing with the
				  Board within ten (10) days after service of the determination or order to which
				  the request relates. Such motion or request shall conform to section (7) of
				  these rules.
A.
Effect of
				rehearing or reopening.
Unless otherwise specified by the Board, a
				decision to grant a motion to rehear or reopen a case does not act to stay the
				effect of the Board's order to which the rehearing or reopening applies. A
				timely motion under this subsection terminates the running of time for an
				appeal, which then begins to run after the motion is acted upon, or deemed
				denied under paragraph (B) of this section.
B. Any motion for rehearing or reopening that
				is not granted within fourteen (14) days from the date of filing shall be
				deemed to be denied.
The Board may, on its own motion and after notice to all
				  parties, rehear or reopen any matter at any time, to the extent permitted by
				  law.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 1 - CONTRACTING PROCESS FOR SERVICE PROVIDERS AND GRANT RECIPIENTS › Section 648-1-2 - COMPETITIVE PROCUREMENT

Current through 2024-29, July 17, 2024
A.
Competitive Bidding Process.
Except as provided in Section 3, the
				Efficiency Maine Trust shall select service providers and grant recipients
				through a competitive bidding process. Competitive bidding processes shall be
				conducted by issuance of one of the following documents:
1. Request for Proposals (RFP)
2. Request for Qualifications (RFQ)
3. Program Opportunity Notices (PON)
The processes shall be designed to maximize participation
				  from qualified bidders.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 1 - CONTRACTING PROCESS FOR SERVICE PROVIDERS AND GRANT RECIPIENTS › Section 648-1-3 - OTHER TYPES OF SOLICITATIONS

Current through 2024-29, July 17, 2024
The Efficiency Maine Trust may select a service provider for
				  one or more programs without employing a competitive bidding process if the
				  Trust finds that the selection of the service provider by another solicitation
				  process will promote the efficient and effective delivery of programs and is
				  consistent with the objectives and overall strategy of the programs.
				  Solicitations that do not employ competitive bidding processes may
				  include:
A.
Open
				Solicitations.
The Efficiency Maine Trust may use an open solicitation
				to select multiple service providers for a program through an ongoing
				solicitation process. The open solicitation specifies the qualifications and
				requirements the service provider is required to meet. Service providers
				meeting these qualifications must complete a cooperative program agreement, as
				described in Section 4(C), with the Efficiency Maine Trust to provide the
				specified services.
B.
Sole
				Source Procurements.
The Efficiency Maine Trust may use a sole source
				procurement when: (1) the service provider has unique qualifications,
				resources, or experience; (2) there is not enough time to use a competitive
				bidding process; (3) the Trust finds that the program or required service would
				clearly benefit from a sole source procurement; or (4) the service provider is
				an identified partner in a grant proposal that has been submitted by and
				awarded to the Trust. The decision whether to use a sole source procurement for
				$10,000 or less is delegated to the Executive Director of Efficiency Maine
				Trust. The decision to use a sole source procurement for more than $10,000 will
				made by the Efficiency Maine Trust Board, or may be delegated on case-by-case
				basis by the Efficiency Maine Trust Board.
C.
Low-Income Service Providers.
For the delivery of conservation programs to low-income residential customers,
				the Efficiency Maine Trust may, without employing a competitive bidding
				process, use the delivery system of the Weatherization Assistance for
				Low-Income Persons Program administered through the United States Department of
				Energy and the network of for-profit and not-for-profit entities which deliver
				efficiency services to low-income and residential customers.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 1 - CONTRACTING PROCESS FOR SERVICE PROVIDERS AND GRANT RECIPIENTS › Section 648-1-4 - TYPES OF AGREEMENTS

Current through 2024-29, July 17, 2024
A.
Standard
				Agreement.
Except as allowed in subsections B through E, contracts
				between the Efficiency Maine Trust and service providers or grant recipients
				must be in writing and use the Efficiency Maine Trust standard agreement form.
				The completed standard agreement must describe the service to be performed, the
				terms and conditions agreed to by the parties, the cost of the service and how
				payment will be made.
B.
Memorandum of Understanding (MOU).
The Efficiency Maine Trust may
				use an MOU as an alternative to the standard agreement when implementing
				agreements with other government or quasi-governmental agencies.
C.
Cooperative
Program
				Agreement.
The Efficiency Maine Trust may use a cooperative program
				agreement as an alternative to the standard agreement when implementing
				agreements with multiple service providers under an open solicitation for a
				program.
D.
Cooperative
				Agreements.
The Efficiency Maine Trust may use a cooperative agreement,
				or memorandum of agreement (MOA), when implementing agreements for cooperative
				efforts with the University of Maine System or the Maine Community College
				System.
E.
Grant
				Agreement.
The Efficiency Maine Trust may use a grant agreement when
				awarding a grant to a group, organization or other recipient. The grant
				agreement must describe the terms and conditions and scope of performance or
				action which is expected of the grant recipient.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 1 - CONTRACTING PROCESS FOR SERVICE PROVIDERS AND GRANT RECIPIENTS › Section 648-1-5 - APPEALS OF CONTRACT AWARD DECISIONS

Current through 2024-29, July 17, 2024
A.
Request
				for Reconsideration.
An aggrieved person may request a hearing for
				reconsideration of a contract award decision by filing a written petition with
				the Executive Director of the Efficiency Maine Trust within 14 calendar days of
				the notification of the contract award pursuant to Section 2(G)(8). The
				petition must meet the requirements of Section 5(B). When a petition is filed
				under this section, the Trust may not execute a contract with a winning bidder
				until the Trust has taken final agency action on the petition.
B.
Petition.
Each petition for a
				hearing to reconsider a contract award decision must contain the award decision
				being appealed, the name of the aggrieved person, the facts that make the
				petitioner an aggrieved person and the specific nature of the grievance,
				including the Appeal Criteria specified in Section 5(D). The Chair of the Board
				or the Chair's designee shall grant a hearing to reconsider a contract award
				decision unless it is determined that:
1. The
				petitioner is not an aggrieved person;
2. The request was made more than 14 calendar
				days after notification of award; or
3. The request is capricious, frivolous or
				without merit.
The Chair of the Board or the Chair's designee shall notify
				  the petitioner in writing of the decision regarding the request for a hearing
				  within 15 calendar days of receipt of the request. If a request for a hearing
				  is granted, notification must be made at least 10 calendar days before the
				  hearing date. The notification must include the date and location of the
				  hearing and the names of the Appeal Committee members. In the event the request
				  for hearing is denied, the notification shall constitute final agency
				  action.
In the event that multiple petitions for a hearing to
				  reconsider are granted on a single contract award, the Chair of the Board or
				  the Chair's designee may, at its discretion, consolidate all petitions that
				  relate to a single contract award decision.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 1 - CONTRACTING PROCESS FOR SERVICE PROVIDERS AND GRANT RECIPIENTS › Section 648-1-6 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Efficiency Maine Trust may to the
				  extent permitted by law, where good cause exists, waive any of the requirements
				  of this Chapter that are not required by statute, except for the requirements
				  of Section
				  5 which may not be waived. Any request
				  for a waiver from any requirement of this Chapter shall be made in writing to
				  the Executive Director of the Efficiency Maine Trust. Upon a finding of good
				  cause or that compliance with the requirement in question would be unduly
				  burdensome, the Executive Director of the Efficiency Maine Trust or its
				  designee may grant the requested waiver, provided that the granting of the
				  waiver would not be inconsistent with the purposes of or impair the policies of
				  this Chapter and of Title 35-A Chapter 97 or Chapter 99 and other applicable
				  law.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to implement 35-A M.R.S.A.
				  §10008 and P.L. 2007, C. 317, § 18 by establishing the criteria to be
				  used by the Trust in selecting grantees, the requirements for ensuring
				  cost-effectiveness of programs and projects funded by the Trust and procedures
				  for the evaluation of expenditures by an independent entity.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-3 - DEVELOPMENT OF PROGRAM BUDGETS

Current through 2024-29, July 17, 2024
A. Budget Planning.
				The trustees shall establish a twelve-month budget for all Trust operational
				and administrative costs following consultations with the Department, the
				Commission, the Office of Energy Independence and Security and the Maine Energy
				Conservation Board. The twelve-month period for a budget shall be determined by
				the trustees, need not correspond to the State fiscal year or a calendar year
				and shall to the extent possible, unless changed circumstances warrant
				otherwise, reflect the priorities established in the most recent Triennial
				Energy Efficiency and Conservation Plan adopted pursuant to 35-A M.R.S.A.
				§10007(6) and § 10008(7). Any individual program areas targeted for
				funding in the budget period shall be identified.
B. Budget Components. Each twelve-month
				budget shall include but is not limited to the following components:
1. Expected total amount of funding in the
				Trust Fund from all sources, including any revenue generated by Trust-funded
				programs pursuant to subsection G of this section;
2. Costs of administering the Trust, and for
				the State's share of expenses of the Regional Organization's management of
				carbon dioxide allowance auctions during the budget period, provided that such
				costs may not exceed the ceiling on administrative funds established at 35-A
				M.R.S.A. §10008 ((6)(G);
3.
				Amount of funding expected to be available for programs or projects selected
				through an RFP, PON or other authorized process and awarded to
				grantees;
4. Amount of funding
				required by the Department to fund research for development of new categories
				of carbon dioxide emission offset projects pursuant to 35-A M.R.S.A.
				§10008(6);
5. Amount of
				funding expected to be provided to the Maine Energy Conservation Board pursuant
				to 35-A M.R.S.A. §10008(6)(K);
6. Amount of funding to be held in reserve in
				the current budget year, for use in a future twelve-month period or to be
				rebated to customers of transmission and distribution utilities pursuant to
				35-A M.R.S.A. §10008(5); and
7. Any other amount of funding that the Trust
				intends to disburse in the budget year.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-4 - GENERAL DESIGN CRITERIA

Current through 2024-29, July 17, 2024
A. Design Criteria
				for Projects and Programs. Subject to the provisions of sections 6 and 7 of
				this Chapter, the trustees shall only consider for funding electricity and
				fossil fuel conservation projects and programs that have net present value
				benefit-to-cost ratios greater than 1.0 pursuant to section 5 of this Chapter
				and, among proposals that fulfill that screening criterion, shall make final
				selections of grantees based on section 7(C) of this Chapter.
B. Collateral Efficiency Opportunities for
				Programs. In the case of programs that involve collateral efficiency
				opportunities as defined in section 2(G) of this Chapter, applications for
				funding such programs must supply the information required in section 6(D) of
				this Chapter. If the program would satisfy the cost-effectiveness test in
				section 3(D) of this Chapter without the collateral efficiency opportunities,
				the trustees may fund the program with one or more of the collateral efficiency
				opportunities included, even if section 3(D) would not be satisfied with the
				inclusion of the collateral efficiency opportunities. In making this decision,
				the trustees may consider whether the collateral efficiency opportunities would
				likely be lost if not funded in connection with the program.
C. Collateral Efficiency Opportunities for
				Projects. In the case of applicants seeking funding for projects as defined in
				section 2(W) of this Chapter, the trustees shall allow project applicants
				proactively to identify possible collateral efficiency opportunities, along
				with one or more separate requests for Trust funding of such opportunities. The
				trustees may propose to the applicant the inclusion of one or more such
				opportunities, along with sufficient additional funding to cover the costs of
				pursuing those opportunities.
D.
				Coordination with Triennial Energy Efficiency Plan or Interim Plan. Subject to
				the provisions of section 10 of this Chapter, the trustees shall seek to
				fulfill the purposes and goals of any Interim or Triennial Energy Efficiency
				Plan that is adopted for a budget year or a three-year budget cycle, as it
				pertains to Trust-funded programs.
E. Reliance on Other Competitive Bid
				Processes. In selecting a service provider or grantee, the trustees may, in
				their discretion, rely upon the outcome of a competitive bid process undertaken
				for selection of service providers or grantees for Efficiency Maine
				programs.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-6 - CONTRACT APPLICATION PROCESS

Current through 2024-29, July 17, 2024
A. Applications for
				Contracts with the Trust. The trustees shall periodically conduct a competitive
				bid process by means of a RFP or PON that solicits bids for contract awards
				pursuant to section 7 of this Chapter. To the extent practicable, the Trust
				will accept bids electronically. The Program Administrator will accept and
				retain custody of all timely bids under this section. For each bid, the Program
				Administrator shall keep a written record of the bidder's name, the date and
				time that the bid was received, the cost and/or price of the bid, any amount of
				customer funding or non-Trust matching funds and the bidder's contact person.
				The bids received in response to an RFP or a PON shall be treated as
				confidential and not subject to public disclosure until the date of a final
				contract award in that competition. Upon a showing by a bidder that legal
				grounds exist to maintain the confidentiality of identified information beyond
				the contract award date, the Trust shall continue to treat that information as
				confidential after that date, to the extent permitted by law.
B. Rejection of Noncompliant or Untimely
				Bids; Rejection of All Bids. The Trust may reject all bids that do not comply
				with the requirements of this Chapter or of the RFP competition or PON process,
				or that are not submitted before the deadline for submitting bids established
				pursuant to section 7 of this Chapter. The Trust may reject all bids if it
				finds that the bids are unreasonably high in cost or that acceptance of any bid
				will not be in the public interest.
C. Notice of RFP and PON. The Program
				Administrator will maintain a service list of persons who are to be notified
				whenever the Trust issues an RFP or PON. The Trust will reasonably advertise
				each RFP or PON and arrange its posting on any website established for the
				Trust.
D. Treatment of
				Opportunities for Collateral Efficiency. Each bid for a program must supply the
				necessary information for the cost effectiveness criteria set out in section
				3(D) of this Chapter to be applied both to the program standing alone, and for
				an expanded program that includes significant collateral efficiency
				opportunities at the same customer location or site. In evaluating bids and
				proposals in a competitive bid process or a PON when the benefits of two such
				bids or proposals are relatively equivalent, the trustees may give preference
				to applications that secure efficiency improvements or emission reductions from
				both primary measures and from collateral efficiency opportunities.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-7 - CONTRACT SELECTION PROCESS

Current through 2024-29, July 17, 2024
this was repealed by filing 2010-457 effective October 4,
					 2010.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-8 - GRANTEE REPORTING AND MONITORING

Current through 2024-29, July 17, 2024
A. Reporting.
				Each grantee who has received a contract award from the Trust is responsible
				for submission of reports in writing to the Program Administrator, on a
				schedule for reporting determined by the Trust, with the following information
				and such other information as the Program Administrator may prescribe:
1. Total amount of estimated reductions of
				greenhouse gas emissions as a result of Trust-funded programs or projects;
				and
2. Total amount of actual
				reductions in consumption of electricity in kilowatt-hours and, when known,
				reductions in kilowatts of peak electrical demand as a result of Trust-funded
				programs or projects.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-9 - INDEPENDENT PROGRAM EVALUATION

Current through 2024-29, July 17, 2024
A. Periodic
				Evaluation of Trust-funded Programs and Projects
The Trust shall arrange for the performance of periodic and
				  comprehensive evaluations of the cost-effectiveness of all programs and
				  projects that it has funded pursuant to this Chapter. These evaluations shall
				  be undertaken by means of contracts with one or more independent program
				  evaluators establishing the criteria for evaluation of grantees, areas of
				  particular scrutiny and levels of sampling for verification of estimates and
				  required deliverables in the contractor's final report to the Trust. Each
				  evaluation must include an audit of the program or project and an evaluation of
				  its effectiveness in meeting the goals of this Chapter.
B. Periodic Competitive Bid Processes. The
				Trust will select one or more independent program evaluators in a manner
				consistent with section 7 of this Chapter. No current employee of the Trust,
				the Commission, the Department, the Office of Energy Independence and Security
				or Efficiency Maine is eligible to participate as part of a bid submitted in a
				competitive bid process under this section.
C. Scheduling of Independent Program
				Evaluation. The trustees may establish any schedule for conducting an
				Independent Program Evaluation of major programs and projects as long as the
				Independent Program Evaluation is completed prior to the commencement of the
				second or subsequent Triennial Plan under section 10 of this Chapter. For the
				purposes of this section, "major programs and projects" means activities funded
				with an annual budget of $500,000 or more.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-10 - TRIENNIAL ENERGY EFFICIENCY AND CONSERVATION PLAN

Current through 2024-29, July 17, 2024
A. Plan Preparation. The trustees shall
				participate in the preparation and adoption of a periodic Triennial Energy
				Efficiency and Conservation Plan. An initial draft of the components of a Plan
				to be funded by the Trust shall be undertaken in conjunction with the Maine
				Energy Conservation Board, pursuant to 35-A M.R.S.A. §§10007(6) and
				10008(7) and the final Plan shall be presented to the Board for its
				review.
B. Plan Adoption. The
				trustees may designate employees, staff or contractors of the Trust to
				participate in the preparation of a Triennial Plan or to substitute for one or
				more trustees in the Plan's preparation, provided that the vote required of
				each trustee in the final adoption of a Triennial Plan must be made by that
				trustee.
C. Interim Plan. Prior to
				the adoption of the first Triennial Energy Efficiency and Conservation Plan
				pursuant to this Chapter, the trustees shall cooperate with the Maine Energy
				Conservation Board in consultation with the Department, the Office of Energy
				Independence and Security and the Commission to create an Interim Plan
				establishing general program areas in which individual bid competitions, RFP's,
				PON's and sole source contract arrangements may be undertaken with service
				providers during the budget year. In designating program areas in an Interim
				Plan, the trustees may consider the following:
1. Potential to develop capacity for the
				delivery of cost-effective programs in the future in a more economical and
				efficient manner by funding programs that demonstrate program feasibility and
				are likely to reduce delivery and oversight costs in the future;
2. Promotion of job training, workforce
				development and general economic development in the State where practicable,
				consistent with the Trust's legislative authority pursuant to 35-A M.R.S.A.
				§10008;
3. Consistency with
				delivery models in other states participating in the Regional Greenhouse Gas
				Initiative in order to permit service providers to offer programs or projects
				benefiting from increased economies of scale; and
4. Record of program successes, in this State
				or elsewhere; that increase the likelihood of more rapid implementation,
				increased cost effectiveness or the capture of collateral efficiency
				opportunities if a specific program, project or service receives Trust
				funding.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-11 - PROCEDURES FOR REBATES TO CONSUMERS

Current through 2024-29, July 17, 2024
A. Department
				Notice. At such time as the Trust receives notice from the Department that
				carbon dioxide allowances have traded in an auction conducted by the Regional
				Organization at a level in excess of the statutory emission allowance value
				established pursuant to 35-A M.R.S.A. §10008(5), the trustees shall
				request that the Department quantify in writing the total amount of revenue for
				which the State is eligible in that auction that corresponds to proceeds above
				that level.
B. Trust Transfer. The
				trustees shall cooperate with the Commission in arranging for the transfer to
				the Commission of the amount identified in the preceding subsection.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 2 - ADMINISTRATION OF TRUST, BUDGETING, PROJECT SELECTION CRITERIA AND PROCEDURES, MONITORING, AND EVALUATION REQUIREMENTS › Section 648-2-12 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or on its own motion, the Trust may waive any of the requirements
				  of this Chapter that are not required by statute. The waiver may not be
				  inconsistent with the purposes of this Chapter or 35-A M.R.S.A. §10008.
				  Where good cause exists, the Trust or its designee may grant the requested
				  waiver.
Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 648 - EFFICIENCY MAINE TRUST › Chapter 3 - ELECTRIC EFFICIENCY AND CONSERVATION PROGRAMS › Section 648-3-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to implement portions of the
				  requirements of the State's electric energy efficiency and conservation program
				  administered by the Efficiency Maine Trust (the Trust). The Chapter establishes
				  the definition of low-income customer, the definition of small business
				  customer, and the definition of cost effectiveness.