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 096-3-11 - Public Participation

Current through 2024-29, July 17, 2024
Members of the public may attend hearings. This section
				  governs participation at a hearing.
A.
Intervention.
The Commissioner, the Board, or the Presiding
				Officer pursuant to section 4(C)(5) of this rule shall decide petitions for
				leave to intervene in a licensing proceeding where a decision has been made to
				hold a hearing.
(1) Except as provided in this
				subsection, any person who wants to participate in a hearing as an intervenor
				must file a petition for leave to intervene within ten (10) days of the
				Department's publication of notice of opportunity to intervene, or within such
				other time as may be specified in the notice. The petition must include:
				identification of the petitioner, a description of the effect of the proposed
				activity on the petitioner; specific contentions regarding the subject matter
				of the hearing and the relevant statutory criteria; the name of the
				spokesperson for the petitioner; and a statement regarding the ability of the
				petitioner to participate in the proceeding. If the petitioner is a group or
				organization, the petition shall include a general description of the purpose
				and membership of the group or organization. A petition shall be granted if it
				demonstrates that the petitioner is or may be, or is a member of a class which
				is or may be, substantially and directly affected by the proceeding. The
				Department may, at its discretion, allow any other person to intervene and
				participate as a party to the proceeding. A petition for leave to intervene may
				be granted to allow participation as a full or limited party to the
				proceeding.
(2) Any state, federal,
				municipal or other governmental agency that wants to participate as a party
				shall be granted intervenor status if it files a petition for leave to
				intervene within ten (10) days of the Department's publication of notice of
				opportunity to intervene, or within such other time as may be specified in the
				notice.
(3) An appellant and a
				licensee shall be granted automatic intervenor status in an appeal where the
				Board has decided to hold a hearing and need not file a petition for leave to
				intervene.
(4) A petition for leave
				to intervene which is not timely filed will be denied unless the petitioner
				shows good cause for failure to file on time, including but not limited to
				failure to receive reasonable notice.
(5) An intervenor is a party to the
				proceeding and has the right to offer testimony and evidence, and conduct cross
				examination. An intervenor shall be permitted to participate in the hearing,
				subject, however, to such reasonable terms as the Presiding Officer may
				direct.
(6) Intervenors may be
				required by the Presiding Officer to consolidate their presentations of
				evidence and argument in part or in whole if their interests or contentions are
				substantially similar and such consolidation would expedite or simplify the
				hearing without prejudice to the rights of any party. 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 thereof.
(7) A Presiding Officer shall allow an
				intervenor to withdraw from participation in a licensing proceeding. The
				Presiding Officer shall evaluate whether any testimony or evidence presented by
				the withdrawing party must be stricken from the record because a witness is no
				longer available for cross-examination or inclusion of evidence would cause
				undue prejudice to remaining parties. Any decision regarding such materials
				shall be made in writing by the Presiding Officer, except that any such
				decision that occurs during the hearing shall be stated on the
				record.