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 096-3-5 - Department Staff

Current through 2024-29, July 17, 2024
The role of Department staff in a licensing proceeding is to
				  assist the Presiding Officer, Commissioner or Board in a non-advocate capacity
				  by gathering facts, identifying issues for consideration, analyzing evidence
				  submitted, and making recommendations regarding compliance with relevant
				  license criteria. Department staff may communicate with the applicant regarding
				  additional information sought on specific license criteria. Department staff
				  may also communicate with any party regarding evidence or other materials
				  submitted by that party.
A.
Evaluation of Evidence
. The experience, technical expertise and
				specialized knowledge of Department staff may be utilized in the evaluation of
				all evidence in a licensing proceeding before and during a hearing and after
				the hearing record is closed.
B.
Hired Consultants and Outside Agency Review Staff
. Department
				staff may hire consultants or request the aid of outside agency review staff to
				assist in the evaluation of evidence in a licensing proceeding. Where
				Department staff has asked outside agency review staff to assist in evaluation
				of the evidence, the outside agency review staff may submit written comments on
				the evidence submitted by the parties, supply information in that agency's
				possession, respond in writing to questions from Department staff related to
				matters in the agency's area of expertise-, or recommend that Department staff
				request additional information from the applicant on specific license criteria.
				Department staff shall provide notice to the parties of the availability of
				materials received from hired consultants or outside agency review
				staff.
C.
Review Comments on
				Application.
Department staff and any outside agency review staff
				assisting the Department in its review of the application shall submit any
				review comments on the application sufficiently in advance of the hearing so
				that the applicant has an opportunity to respond to those comments and all
				parties have an opportunity to review the applicant's responses. The review
				comments shall be submitted to the persons listed on the service list
				maintained by the Presiding Officer pursuant to section 3(B). This subsection
				does not preclude Department staff from using at any time the experience,
				technical expertise and specialized knowledge of hired consultants and outside
				agency review staff in its analysis of the evidence during the hearing and
				after the hearing record has closed.
D.
Additional Information from
				Applicant.
If Department staff or the Presiding Officer request
				additional information from the applicant pursuant to section 16(A), such
				requests shall be made sufficiently in advance of the hearing so that the
				applicant has an opportunity to respond to those requests and all parties have
				an opportunity to review the applicant's responses. If additional information
				needs arise during the hearing, the Presiding Officer shall afford the
				applicant a reasonable opportunity to respond to those information requests
				prior to the close of the hearing record.
E.
Hearing and Recommendation.
Department staff and, if requested by the Presiding Officer, Department
				hired consultants and outside agency review staff will attend the hearing to
				answer questions of the Presiding Officer or Board members regarding the
				contents of the record, ask questions of witnesses, and otherwise assist in the
				gathering of facts. The Presiding Officer may request hired consultants or
				outside agency review staff to testify at the hearing to respond to questions
				regarding comments submitted to the record. If this occurs parties shall be
				permitted to ask questions of the hired consultant or outside agency review
				staff person regarding their review comments. At the conclusion of the hearing
				and after the record is closed, Department staff will draft a recommendation
				for the Presiding Officer's, Commissioner's or the Board's
				consideration.
F.
Exceptions
. This section does not apply to state, federal, municipal or
				other governmental agencies that have not been asked by Department staff to
				assist in the evaluation of evidence, but rather are participating in the
				licensing proceeding pursuant to section 11(A) or 11(C).