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 672-5-13 - Intervention

Current through 2024-29, July 17, 2024
(1)
Petition for Intervention:
Prior to the commencement of any public hearing of the type described in
				Section 5.16(1) of these regulations, the Commission 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 shall be given in a manner consistent with Section
				4.04(7)of these regulations or in such other manner as the Presiding Officer
				deems appropriate. A petition to intervene shall be granted if it demonstrates
				that the petitioner is or may be substantially and directly affected by the
				proceeding.
The Commission 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, by the date of the public hearing. A petition to intervene which
				  is not timely filed will be denied unless the petitioner shows good cause for
				  failure to file on time. A person permitted to intervene shall become a party
				  to the proceeding and shall be permitted to participate in all phases of the
				  hearing, subject, however, to such limitations as the Commission or Presiding
				  Officer may direct. Petitioners 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, intervenor status shall be deemed to have been granted for the
				duration of the proceeding. Any applicant or petitioner whose proposal is
				approved shall 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 shall 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 shall include in the record of the hearing an entry to that effect
				and the reasons therefore.
(4)
Legal Counsel:
Nothing in this regulation shall 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 or petitioner shall provide each person granted
				intervenor status pursuant to this section with a copy of the application or
				petition and any amendments thereto.