Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 3 - RULES GOVERNING THE CONDUCT OF LICENSING HEARINGS › Section 096-3-2 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of this chapter, the following words and
				  phrases have the following meanings:
A.
Appellant.
"Appellant" means
				a person who appeals a Commissioner license decision to the Board.
B.
Applicant.
"Applicant" means
				a person who has submitted an application to the Department for a
				license.
C.
Board.
"Board" means the Board of Environmental Protection, an independent
				citizen board that is part of the Department and that, among its duties,
				decides selected applications and considers appeals of Commissioner license
				decisions.
D.
Board Chair.
"Board Chair" means the chair of the Board, or his or her
				designee.
E.
Commissioner.
"Commissioner" means the commissioner of the Department of Environmental
				Protection or his or her designee.
F.
Conference.
"Conference"
				means a pre-hearing, mid-hearing, or post-hearing meeting scheduled by the
				Presiding Officer at which the Presiding Officer and the parties discuss
				matters pertaining to the licensing proceeding.
G.
Department.
"Department"
				means the Department of Environmental Protection, which includes the
				Commissioner and the Board.
H.
Hearing.
"Hearing" means a hearing conducted in accordance with
				the procedural requirements of the Maine Administrative Procedure Act, Title 5,
				chapter 375, subchapter IV at which the Department receives oral testimony and
				evidence for the purpose of gathering facts upon which a decision in a
				licensing proceeding will be based.
I.
Interested Person.
"Interested person" means a person who submits written comments on an
				application or who requests, in writing, receipt of notices related to a
				particular licensing proceeding. The Department shall maintain a list of
				interested persons for each licensing proceeding.
J.
Intervenor.
"Intervenor"
				means a person who, in accordance with the Maine Administrative Procedure Act,
				5 M.R.S. §9054(1) or (2), and section 11(A) of this rule, has been granted
				leave to participate as a party in a licensing proceeding where a decision has
				been made to hold a hearing.
K.
License.
"License" means the whole or any part of a new license,
				amended license, minor revision, renewal license, transfer, surrender,
				variance, certification or similar form of permission issued by the Department
				that is required by law, and represents the State's exercise of regulatory or
				police powers. The term "permit" is used interchangeably with "license" in some
				Department statutes. Examples of licenses include: Site Location of Development
				licenses pursuant to 38 M.R.S. §481
et seq
., waste
				discharge licenses pursuant to 38 M.R.S. §413, water level orders pursuant
				to 38 M.R.S. §840, and water quality certifications pursuant to Section
				401 of the federal Clean Water Act.
L.
Licensee.
"Licensee" means
				the person to whom a license has been issued.
M.
Licensing Proceeding.
"Licensing proceeding" means a proceeding on a license application or an
				appeal of a license decision.
N.
Party.
"Party" means:
(1) the
				specific person whose legal rights, duties or privileges are being determined
				in a licensing proceeding; or
(2)
				an intervenor.