Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-25 - Revocation or Suspension of a License

Current through 2024-29, July 17, 2024
A.
Authority.
Notwithstanding Title 5, section 10051, after written
				notice and opportunity for a hearing pursuant to Title 5, chapter 375,
				subchapter 4, the Commissioner may revoke or suspend a license whenever the
				Commissioner finds that any of the criteria set forth in section
				27 has been met.
B.
Filing of Petition with the
				Commissioner.
Any person may petition the Commissioner to initiate
				proceedings to revoke or suspend a license. The petition must state which of
				the criteria listed in section
				27 is being invoked, and must
				specifically describe the factual basis for the petition. The petitioner shall
				serve a copy of the petition on the licensee at the time the petition is filed
				with the Commissioner. The petition once filed may not be supplemented. The
				licensee's response to the petition must be filed within 30 days of the filing
				of the petition with the Commissioner unless the Commissioner, upon a request
				by the licensee and for good cause shown, extends that deadline. No later than
				21days following receipt of the licensee's response to a petition to revoke or
				suspend a license, the Commissioner shall dismiss the petition or initiate
				proceedings by providing the licensee with written notice and opportunity for a
				hearing. The written notice shall state which of the criteria listed in section
				27 is being invoked and the factual
				basis for the Commissioner's decision to initiate proceedings.
C.
Action Initiated by
				Commissioner.
If the Commissioner decides on his or her own motion to
				initiate proceedings to revoke or suspend a license, the Commissioner shall
				provide the licensee with written notice and opportunity for hearing. The
				written notice shall state which of the criteria listed in section
				27 is being invoked and the factual
				basis for the Commissioner's decision to initiate proceedings.
D.
Hearing.
The licensee must
				request a hearing within 15 days of the Commissioner's written notice of
				opportunity for a hearing. If the licensee requests a hearing, it shall be held
				within 45 days of the request for hearing unless the Commissioner and the
				licensee agree to another time. The procedure for hearings is governed by
				section
				7(C). If the proceeding
				was initiated as a result of a petition, the petitioner is deemed to be a party
				to the hearing and need not petition to intervene.
E.
Commissioner's Decision.
Based on the administrative record, including evidence developed during any
				hearing, the Commissioner may decide that no action is warranted or may make
				findings of fact that one or more of the criteria listed in section
				27 has been met and revoke or suspend
				the license. The Commissioner's decision to revoke or suspend a license may
				include provisions requiring the licensee or former licensee to take action
				necessary to protect human health or the environment, including but not limited
				to remediation, monitoring, proper closure, decommissioning, or cessation of
				activity at any licensed facility or site.
F.
Decision Discretionary.
A
				decision by the Commissioner to dismiss a petition or to take no action at the
				conclusion of the proceedings is within the Commissioner's sole discretion and
				is not subject to judicial review.