Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 5 - RULES FOR THE CONDUCT OF PUBLIC HEARINGS › Section 672-5-03 - PARTIES AND GOVERNMENTAL AGENCIES

Current through 2024-29, July 17, 2024
A.
Intervention
1.
Petition
				for Intervention:
Prior to the commencement of any public hearing of the
				type described in Section 5.08(A) of these regulations, the Commission or
				Presiding Officer may require or allow any person who desires to participate as
				a party, offer testimony and evidence, and participate in oral
				cross-examination, to file a petition under oath or affirmation for leave to
				intervene. Notice of the requirement of filing a petition for intervention will
				be given in a manner consistent with Section 4.04 of the Commission's rules or
				in such other manner as the Presiding Officer deems appropriate. A petition to
				intervene must be granted if it demonstrates that the petitioner is or may be
				substantially and directly affected by the proceeding.
The Commission or Presiding Officer may further allow any
				  other interested person to intervene as a party or to participate in more
				  limited manner as the Commission or its Presiding Officer may designate.
A petition for leave to intervene must be filed by the date
				  specified by the Commission or the Presiding Officer or, if an earlier date is
				  not specified, before the public hearing. A petition to intervene which is not
				  timely filed will be denied unless the petitioner shows good cause for failure
				  to timely file. A person permitted to intervene will become a party to the
				  proceeding and will be permitted to participate in all phases of the hearing,
				  subject, however, to such limitations as the Commission or Presiding Officer
				  may direct. Petitioners for intervention may be required to consolidate or join
				  their appearances in part or in whole if their interests or contentions are
				  found to be substantially similar and such consolidation would expedite or
				  simplify the hearing without prejudice to the rights of any party or
				  petitioner. A consolidation under this section may be for all purposes of the
				  proceeding, all of the issues of the proceeding or with respect to any one or
				  more issues or purposes thereof.
2.
Duration of Intervenor
				Status:
Unless otherwise specified by the Commission or Presiding
				Officer, intervenor status will be deemed to have been granted for the duration
				of the proceeding. Any applicant whose proposal is approved will be required to
				provide notice to any intervenors of the filing of any documents presented to
				the Commission indicating actions taken to comply with the conditions attached
				to the approval or of proposals to vary or amend approved activities, provided,
				however, that the applicant's responsibility under this subsection will be
				deemed fulfilled when such notice has been mailed to the person designated to
				represent an intervenor in the petition for intervention.
3.
Denial of Intervenor Status:
When a petition to intervene is denied, the Commission must include in the
				record of the hearing an entry to that effect and the reasons
				therefore.
4.
Legal
				Counsel:
Nothing in this regulation will be construed to require or
				prevent representation by legal counsel in order for a person to be granted
				intervenor status or otherwise participate before the Commission.
5.
Copies:
The applicant must
				provide each person granted intervenor status pursuant to this section with a
				copy of the application or petition and any amendments thereto.