reglab/statecodes huggingface dataset:
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 301 - STATE BOARD OF EDUCATION MEMBERS, REMOVAL FROM OFFICE BY GOVERNOR › Section 071-301-2 - Procedure for Removal

Current through 2024-29, July 17, 2024
The Board shall take the following action when a member is
				  absent without excuse, exhibits a pattern of repeated and willful failure to
				  follow through on responsibilities, or exhibits repeated inability to vote or
				  act on agenda items because of conflict of interest:
A. After two (2) unexcused absences from
				regular meetings within a twelve month period, or if the member appears to have
				demonstrated a repeated pattern of willful failure to follow through in a
				timely manner on responsibilities assigned and assumed, or if the member
				appears to have demonstrated a repeated pattern of inability to vote or act on
				agenda items because of conflict of interest, the member shall be notified in
				writing by the Board informing him/her that a third unexcused absence from a
				regular meeting within a twelve month period,, or failure to follow through in
				a timely manner on responsibilities assigned and assumed, or inability to vote
				or act on agenda items because of conflict of interest will constitute cause
				for the Board to recommend to the Governor that the member be removed from off
				ice prior to the completion of his/her term.
B. After three (3) unexcused absences from
				regular meetings within a twelve month period, or if a member has demonstrated
				a repeated pattern of willful failure to follow through in a timely manner on
				responsibilities assigned and assumed, or if a member has demonstrated a
				repeated pattern of inability to vote or act on agenda items because of
				conflict of interest, the Board shall notify said member in writing that the
				Board will consider recommending to the Governor that the Board member be
				removed from office immediately at the next regular meeting of the Board or at
				a special meeting called for the purpose of considering this matter.
C. At the meeting where the removal of the
				member from office, in accordance with this policy, is being considered, the
				Board member who is the subject of the action shall be provided the opportunity
				to present his/her reasons why the Board should not recommend removal from
				office.
D. Following deliberations,
				the Board shall vote whether or not to recommend removal from office. An
				affirmative vote of two-thirds of the Board members shall be required to
				recommend removal.
E. Should the
				Governor remove the member from office prior to the completion of his/her term
				of appointment in accordance with this policy,, the vacancy shall be filled
				according to law.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-2 - Scope of Rule

Current through 2024-29, July 17, 2024
A.
General
				Scope.
This rule applies to processing of license applications, appeals
				of Commissioner license decisions to the Board, petitions and motions to
				modify, revoke or suspend licenses, petitions for corrective action orders, and
				other determinations on specific matters as described in this rule, except as
				noted in section 2(B) or elsewhere in this rule. This rule applies in the
				absence of procedural requirements imposed by statute or rule. Where other
				specific procedural requirements apply, those requirements control.
NOTE: Examples of other specific procedural requirements in
				  Department rules which control in the event of overlapping requirements include
				  but are not limited to 06-096 C.M.R. ch. 115 for major and minor source air
				  emission licenses, 06-096 C.M.R. ch. 140 for a part 70 air emission licenses,
				  06-096 C.M.R. ch. 400 for solid waste licenses, 06-096 C.M.R. ch. 450 for
				  hydropower licenses, and 06-096 C.M.R. ch. 521 and 522 for waste discharge
				  licenses.
B.
Exceptions.
Groundwater oil clean up fund claims; voluntary
				response action plans; applications for one-time disposal of special waste;
				asbestos and lead abatement licenses and certifications; third party damage
				claims; license or permit by rule; registrations or notifications; waste
				transporter licenses; reimbursement claims; closure plans; public benefit
				determinations; occupational licenses and minor revisions are not subject to
				this chapter, unless specifically included.
C.
Effect.
This rule applies to
				all license applications accepted as complete, appeals of Commissioner license
				decisions to the Board, and petitions to modify, revoke or suspend a license
				filed on or after the effective date of this rule, or any amendments to this
				rule.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-3 - Filing of Submissions and Computation of Time

Current through 2024-29, July 17, 2024
An application, appeal or petition must include a designated
				  contact person to whom all orders, notices and correspondence regarding the
				  application, appeal or petition must be sent.
Whenever a Department rule or order requires or allows the
				  filing of any paper or submission, that filing is complete:
A.
On the Department.
Upon the
				Department, when the Department receives the submission by the close of
				business on the due date (5:00 p.m., as determined by the received time stamp
				on the document, telefax or electronic mail) by:
(1) mail;
(2) in-hand delivery;
(3) telefax; or
(4) electronic-mailcontaining either a
				facsimile or scanned copy of a handwritten signature or an electronic signature
				in a form acceptable to the Department and with attachments supplied in an
				unalterable format.
NOTE: When a submission is made using an electronic signature
				  or telefax, program-specific statutes and/or rules may also require the
				  submission of an identical original paper document.
NOTE: When a submission is an application, and the applicant
				  submits either a telefaxed or scanned copy of a handwritten signature, the
				  applicant shall also submit a signature pursuant to Section
				  11(E) of this
				  Chapter.
The risk of material not being received in a timely manner is
				  on the sender, regardless of the method used. Submissions not received by the
				  Department by a prescribed deadline will be deemed untimely and will not be
				  considered by the Department in the absence of good cause shown.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-4 - Advisory Rulings

Current through 2024-29, July 17, 2024
Any person may request that the Department issue an advisory
				  ruling with respect to the applicability of any statute or rule administered by
				  the Department to that person's property or to acts or events in which that
				  person has a substantial interest. A request for an advisory ruling must be
				  based on existing facts and not on hypothetical situations.
A.
Request.
A request for an
				advisory ruling must be in writing and must include:
(1) The name, address, and telephone number
				of the person requesting the ruling;
(2) The statute or rule of which an
				interpretation is requested;
(3) A
				clear and definite statement of the ruling requested and the issues presented
				by the request;
(4) All facts that
				are necessary to issue the advisory ruling;
(5) All assumptions that relate to the
				advisory ruling;
(6) Facts that
				establish the substantial interest of the requesting person in the acts, events
				or property with respect to which the ruling is requested; and
(7) A statement indicating whether, to the
				requester's knowledge, the issue upon which an advisory ruling is sought is the
				subject of a pending Department licensing or enforcement proceeding or a prior
				advisory ruling.
The written request must be clearly captioned as "REQUEST
				  FOR ADVISORY RULING" and directed to the division responsible for administering
				  the statute or rule in question.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-5 - Right of Inspection and Entry

Current through 2024-29, July 17, 2024
Employees and agents of the Department have the rights of
				  inspection and entry as provided in statute or rule, including
				  38
				  M.R.S.§347-C.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-6 - Public Access to Information

Current through 2024-29, July 17, 2024
A.
Confidential.
Except as made confidential by law, the Commissioner
				shall make all records in the Department's possession available to the public
				for inspection and copying.
B.
Records that are Confidential.
The Commissioner shall keep
				confidential only those records that are confidential pursuant to the Freedom
				of Access Law,
				1
				M.R.S.§§401 -
				410.
C.
Inspection of Public Records.
At reasonable times and locations the Commissioner shall provide facilities for
				the inspection of public records.
D.
Payment of Costs.
The
				Department may charge reasonable fees to cover the costs of copying and fees to
				cover the actual cost of searching for, retrieving and compiling requested
				public records. Payment must be made to the Maine Environmental Protection Fund
				and must be paid prior to the Commissioner releasing the copies, unless the
				Commissioner elects to bill the person requesting the copies.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-7 - Hearings

Current through 2024-29, July 17, 2024
A.
Request for a Hearing on a License
				Application.
The Department shall provide an opportunity for the
				applicant or any person to request a hearing with respect to any application. A
				hearing is an opportunity for an applicant, an appellant, any intervenors, and
				members of the public to provide testimony under oath and for witnesses to be
				cross-examined on the substance of their testimony. A request for a hearing on
				an application must be received by the Department, in writing, no later than 20
				days after the application is accepted as complete for processing. The request
				must indicate the interest of the person filing the request and specify the
				reasons why a hearing is warranted.
B.
Criteria for Holding
				Hearings.
Hearings are discretionary unless otherwise provided by law.
				The Commissioner may conduct a hearing on any application. The Board may
				conduct a hearing on any application over which it has assumed jurisdiction or
				on any appeal of a Commissioner license decision. The Department will hold a
				hearing in those instances where the Department determines there is credible
				conflicting technical information regarding a licensing criterion and it is
				likely that a hearing will assist the Department in understanding the evidence.
				When the Board assumes jurisdiction over an application, it will hold a hearing
				unless it votes otherwise at the time it assumes jurisdiction.
C.
Conduct of Hearings.
Hearings
				are held in accordance with the
Maine Administrative Procedure
				Act
, Title 5, chapter 375, subchapter 4, and the Department's rules
				governing licensing hearings. Hearings must be scheduled at the earliest
				possible date. Upon determining that a hearing will be held, the Commissioner
				or Board shall also establish a date by which petitions for intervention must
				be submitted to the Department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-8 - Public Meetings on License Applications

Current through 2024-29, July 17, 2024
At the Board's or Commissioner's discretion, the Board or
				  Commissioner may schedule and hold public meetings in accordance with Title
				  38§345-A (5) on license applications in the geographic area of a proposed
				  project or activity for the purpose of collecting comments that become part of
				  the record in a pending action. Any such meeting must be held during the period
				  when written public comments may be submitted to the Department. Such meetings
				  are not subject to the procedural requirements of the
Maine
				  Administrative Procedure Act
or the Department's hearing rules.
				  Persons commenting on the application are not under oathand there is no
				  opportunity for cross-examination. The conduct of a public meeting does not
				  change any other obligation the Department has to hold hearings that are
				  mandatory by statute or required after a timely request is filed. The
				  Department shall notify the applicant, interested persons, and the municipal
				  office of the municipality(ies) where the project would be located of public
				  meetings scheduled by the Department. If the project is located in the
				  unorganized or deorganized areas of the state, the Department shall also notify
				  the appropriate county commissioners.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-9 - Preliminary Vote

Current through 2024-29, July 17, 2024
The Board may take preliminary votes on any matter before it
				  if the Board member making or seconding the motion requests a preliminary vote
				  on the record. A preliminary vote has no effect and may be used by the Board to
				  further its deliberations and formulate a resolution to any matter before
				  it.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-12 - Application Fees and Processing Times

Current through 2024-29, July 17, 2024
A.
Application Fees.
Application fees must be paid by the person
				submitting an application in accordance with
				38 M.R.S.
				§§352 -
				353
				-B. Except as otherwise provided by law, all required application fees must be
				paid at the time of filing of the application. Failure to pay all required
				application fees will result in the application not being accepted as complete
				for processing pursuant to section
				11(B) and the
				application will be returned to the applicant. Fees are established by the
				Commissioner, subject to the statutory maximums. The Commissioner shall publish
				a schedule of fees on November 1 of each year. The schedule of fees is reviewed
				and republished annually. If the Commissioner determines that a particular
				application, by virtue of its size, uniqueness, complexity or other relevant
				factors, is likely to require significantly more costs to process than the
				published cost for that type of application, the Commissioner may designate the
				application as subject to special fees at the time the application is accepted
				as complete for processing. When this designation is made, any application fees
				paid at the time of filing the application shall be returned or credited toward
				payment of any special fees.
B.
Processing Times.
Processing times are established by the
				Commissioner in accordance with
				38
				M.R.S.§344-B. The Commissioner shall
				publish processing timetables for each type of license issued by the Department
				by November 1 of each year.
If the Commissioner determines that the applicant has
				  significantly modified the application, the processing time for the application
				  stops until the Commissioner and the applicant agree to a new timetable.
The Commissioner may stop the processing time with the
				  consent of the applicant for any period of time agreeable to the Commissioner
				  and the applicant if the Commissioner determines that:
(1) additional information is required from
				the applicant,
(2) agencies other
				than the Department that are required to comment on an application do not
				respond within the time frames established by a memorandum of understanding
				between the agencies, or
(3) the
				applicant wishes to stop the processing period or to extend the deadline.
For applications to be decided by the Board, the processing
				  time is established by the Board pursuant to
				  38
				  M.R.S.§344-B(3)(A)(2).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-14 - Public Notice of Applications

Current through 2024-29, July 17, 2024
A.
Content
				and Delivery of the Notice.
Unless exempted in section 14(C) of this
				rule, or other Department rule specific to the type of application, within 30
				days prior to filing, an applicant shall give public notice of Intent to File a
				new, renewal, amendment or transfer application. An application that has been
				previously returned as incomplete pursuant to section
				11(B) of this rule
				must comply with these requirements if the applicationis not resubmitted within
				30 days of the date it was returned to the applicant. The notice must be mailed
				by certified mail or Certificate of Mailing to abutters, as determined by local
				tax records or other reliable means, to the municipal office of the
				municipality(ies) where the project is located and, if the project is located
				in the unorganized or deorganized areas of the state, to the appropriate county
				commissioners. The notice must also be published once in a newspaper circulated
				in the area where the project is located. Copies of the published Notice of
				Intent to File and a list of abutters to whom notice was provided must be
				submitted with the application. The notice must include the following
				information:
(1) Name, address and telephone
				number of the applicant;
(2)
				Citation of the statutes or rules under which the application is being
				processed;
(3) Location of the
				activity;
(4) Summary of the
				activity;
(5) Anticipated date for
				filing the application with the Department;
(6) A statement that requests for the Board
				of Environmental Protection to assume jurisdiction over the application or
				requests for a hearing on the application must be submitted to the Department
				in writing no later than 20 days after the application is accepted as complete
				for processing;
(7) A statement
				providing the local filing location where the application can be
				examined;
(8) A statement that
				public comments on the application may be provided to the Department, together
				with the name and email address of the Department contact person and the
				mailing address of the Department; and
(9) Any other information required by
				applicable rule or law.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-15 - Board Notice of Applications

Current through 2024-29, July 17, 2024
At each Board meeting, the Commissioner shall provide the
				  Board with a dated report listing applications accepted as complete for
				  processing by the Department since the last report. The report must include the
				  name and Department number assigned to the application, the date of acceptance
				  as complete for processing, a brief description of the purpose of the
				  application and any action taken on the application to date. The report does
				  not include Permit by Rule notifications, waste transporter applications or
				  occupational licenses.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-16 - Public Comment on Applications

Current through 2024-29, July 17, 2024
Public comment on applications is allowed during the course
				  of processing the application. The Department may set a deadline for submission
				  of public comment or other evidence on a specific application. Requests for the
				  Board to assume jurisdiction or for a hearing on the application must be
				  received by the Department, in writing, no later than 20 days after the date
				  the application is accepted as complete for processing. The Department shall
				  maintain a list of interested persons for each application.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-17 - Board Assumption of Jurisdiction over an Application

Current through 2024-29, July 17, 2024
A. Any person may request that the Board
				assume jurisdiction over an application by submitting the request to the
				Department in writing no later than 20days after the application is accepted as
				complete for processing.
B. Within
				45 days after an application has been accepted as complete for processing, the
				Commissioner shall make a preliminary determination as to whether the Board
				should assume jurisdiction of the application. At the next regularly scheduled
				Board meeting after such a determination is made, the Commissioner shall
				provide a recommendation to the Board for those applications where the
				Commissioner recommends that the Board consider jurisdiction. The
				Commissioner's recommendation must be provided to the applicant, all interested
				governmental agencies and interested persons prior to consideration of the
				recommendation by the Board. The Board shall provide an opportunity for the
				applicant, governmental agencies and interested persons to comment on the
				Commissioner's recommendation.
If a request for Board jurisdiction has been made and the
				  Commissioner determines that the criteria for Board jurisdiction as identified
				  in statute and section 17(C) of this rule are not met, the Commissioner shall
				  provide the Board a copy of the request and the Commissioner's determination.
				  If upon such notification by the Commissioner the Board determines the criteria
				  for Board jurisdiction have been met, the Board may assume jurisdiction over
				  the application.
The Board may assume jurisdiction over any application on its
				  own initiative if it finds that at least 3 of the 4 criteria in section 17(C)
				  are met.
C. The Board shall
				assume jurisdiction over and decide each license application that in its
				judgment represents a project of statewide significance. A project of statewide
				significance is a project that meets at least 3 of the following 4 criteria:
(1) Will have an environmental or economic
				impact in more than one municipality, territory or county;
(2) Involves an activity not previously
				permitted or licensed in the State;
(3) Is likely to come under significant
				public scrutiny; and
(4) Is located
				in more than one municipality, territory or county.
The Board may not assume jurisdiction over an application for
				  an expedited wind energy development as defined in Title 35-A, section 3451,
				  subsection
				  4; for a certification for a small-scale
				  wind energy development pursuant to Title 35-A, section 3456; for a general
				  permit for an offshore wind energy demonstration project pursuant to Title 38,
				  section 480-HH; or for a general permit for a tidal energy demonstration
				  project pursuant to Title 38, section 636-A.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-18 - Availability of Draft License Decisions

Current through 2024-29, July 17, 2024
A.
Availability of a Draft License Decision.
When an applicant or
				interested person submits a written request for a draft license decision, that
				draft decision must be provided to the requester, and made available at the
				Augusta Office and appropriate regional offices of the Department, at least 5
				working days prior to the Commissioner taking final action on the application
				if it is a Commissioner's decision, or 15 working days before the Board acts on
				the application if it is a Board decision. In addition, the Department shall
				give reasonable notice to the applicant, intervenor, and any interested person
				of the date final action is expected to be taken by the Commissioner or Board
				on the draft license decision.
In instances where a hearing has been held, the Department
				  shall provide the draft license decision to the applicant, intervenors and
				  interested persons for review and comment.
B.
Comments on a Draft License
				Decision.
The Department shall accept and may incorporate comments on
				the draft license decision after it has been made available. If the
				Commissioner or Board determines that the draft decision should be
				substantially revised as a result of comments received, a new draft must be
				made available in accordance with this section. Any person who submits written
				comments on a draft order will receive a copy of the final order and notice of
				appeal rights.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-19 - Decisions

Current through 2024-29, July 17, 2024
A.
Permit by Rule.
The
				Commissioner shall, within 14 calendar days of receipt of a permit by rule
				notification, provide notice to the applicant indicating whether the
				notification meets the permit by rule provisions of the applicable Department
				rules. If the notice to the applicant is not provided within 14 calendar days
				of receipt, the permit by rule notification is deemed accepted. The rejection
				of a permit by rule notification is not appealable to the Board and is not
				final agency action. The acceptance of a permit by rule notification is
				appealable to the Board in accordance with section
				24 of this rule.
B.
Commissioner Decisions.
For
				an application to be decided by the Commissioner, the Commissioner shall
				determine whether to hold a hearing within 45 days after an application is
				accepted as complete for processing, unless that application is recommended by
				the Commissioner to the Board pursuant to section
				17 of this rule. If the Board votes not
				to assume jurisdiction over the application pursuant to section
				17, the Commissioner shall determine
				whether to hold a hearing within 10 working days after the date of the Board's
				decision not to assume jurisdiction.
If no hearing is to be held, the Commissioner shall,
				  considering the processing time for that application and as expeditiously as
				  possible:
(1) Approve the application,
				with or without conditions, or
(2)
				Deny the application.
For those applications on which a hearing is held, the
				  processing time is stayed from the date of the Commissioner's decision to hold
				  a hearing. The processing time resumes at the close of the hearing record. The
				  Commissioner shall approve, approve with conditions or deny the application
				  within the remaining processing time after the close of the hearing
				  record.
Every license decision made by the Commissioner shall be in
				  writing and shall set forth findings of fact sufficient to appraise the
				  applicant and any interested member of the public of the basis for the
				  decision.
A facsimile of the Commissioner's signature may be used for
				  signing any decision on an application issued by the Commissioner. Each
				  decision must include the date the decision is filed with the Board.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-20 - Notice of Appeal Rights

Current through 2024-29, July 17, 2024
Each license approval or denial, whether issued by the Board
				  or by the Commissioner, must be accompanied by a plain statement of the
				  appropriate rights of administrative and judicial review and the time within
				  which those rights must be exercised. Correspondence notifying the applicant of
				  the Board's or Commissioner's denial must be made by certified mail, return
				  receipt requested.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-21 - License Renewals, Amendments and Transfers

Current through 2024-29, July 17, 2024
Applications for renewed, amended or transferred licenses are
				  subject to all of the provisions of this rule and the following requirements:
A.
Renewals.
Renewal
				applications must be submitted prior to the expiration of the existing license.
				If a renewal application is not timely submitted prior to expiration of the
				existing license, or is timely submitted but not accepted as complete for
				processing in accordance with section
				11(B) of this rule,
				the license lapses. If the renewal application is timely submitted prior to the
				expiration of the license and accepted as complete for processing in accordance
				with section
				11(B) of this rule,
				the terms and conditions of the existing license remain in effect until the
				final Department decision on the renewal application becomes effective. Renewal
				applications to extend the expiration date for projects that have not commenced
				construction are subject to the procedural and substantive requirements in
				effect at the time of acceptance of the renewal application.
B.
Amendments.
An amendment
				application or request for minor revision must be submitted to the Department
				before undertaking any modification, not exempted from licensing requirements
				by statute or rule, to a project or activity that is the subject of a
				Department license. Written approval for the modification must be received
				before the modification is undertaken. If a licensee seeks to amend a license
				regarding an issue that was the subject of an appeal to the Board, notice of
				the amendment application must be provided to the prior appellant(s) as if they
				were abutters, in accordance with section
				14(A) of this
				rule.
C.
Transfers.
Except as provided in this subsection, every license issued by the Department
				is non-transferable unless the Department approves the license transfer. The
				proposed transferee must submit a license transfer application in a form
				approved by the Department. Both the transferor and the transferee must sign a
				transfer application, except as provided in this subsection.
(1) Except as described below, written
				consent must be applied for no later than two weeks after any transfer of
				ownership of property subject to a license. Pending determination on the
				application for approval of a transfer, the transferee shall abide by all of
				the conditions of such license, and is jointly or severally liable with the
				original licensee for any violation of the terms and conditions thereof. The
				transferee shall demonstrate to the Department's satisfaction the technical and
				financial capacity and intent to:
(a) comply
				with all terms and conditions of the applicable license, and
(b) satisfy all applicable statutory and
				regulatory criteria.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-22 - Petition for Corrected License

Current through 2024-29, July 17, 2024
Within 30 days following the effective date of a license, any
				  person, including the Department, may request in writing that the Commissioner
				  or Board issue a corrected license to correct any clerical error or omission,
				  or to clarify the meaning of a license term or condition when that
				  clarification explains, but does not modify the substance of that license term
				  or condition. The Commissioner or Board shall consider the petition within 30
				  days of receipt of such request. The filing of a petition under this section
				  does not serve to stay the deadlines for any appeal of a Commissioner or Board
				  Order, and the effective date of any corrected order shall be the same as the
				  original order.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-23 - Petition for Surrender of License

Current through 2024-29, July 17, 2024
Any licensee may petition the Commissioner to surrender its
				  license if the licensee demonstrates to the Department's satisfaction that it
				  has never used the license for its intended purpose nor begun any of the
				  activities approved under the license and does not intend to do so in the
				  future. The petition must also provide that the licensee waives notice and
				  opportunity for hearing. In addition, an agronomic utilization license may be
				  surrendered at any time in accordance with
				  38
				  M.R.S.§1310-N(6-D) and
				  a Site Location license for a partially constructed development or a completed
				  borrow, clay or topsoil mining operation may be rescinded in accordance with
				  38
				  M.R.S.§489-C.
The Commissioner may require written and photographic
				  documentation, certified statements and sampling analyses, in addition to any
				  other relevant information, as demonstration that the activities described in
				  the license have not been undertaken. The Commissioner shall require that a
				  petition for surrender of a license and written approval of that surrender be
				  recorded in the registry of deeds for any license previously recorded in the
				  registry of deeds.
When the Commissioner approves the surrender, the license is
				  deemed null and void as of the date of approval.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-27 - Criteria for Revocation, Suspension, Modification or Corrective Action

Current through 2024-29, July 17, 2024
The Department may revoke, suspend, or modify a license or
				  prescribe necessary corrective action only if the Commissioner, pursuant to
				  section
				  25, or the Board, pursuant to section
				  26, finds that:
A. The licensee has violated any condition of
				the license;
B. The licensee has
				obtained a license by misrepresenting or failing to disclose fully all relevant
				facts;
C. The licensed discharge or
				activity poses a threat to human health or the environment;
D. The license fails to include any standard
				or limitation legally required on the date of issuance;
E. There has been a change in any condition
				or circumstance that requires revocation or suspension of a license;
F. There has been a change in any condition
				or circumstance that requires a corrective action or a temporary or permanent
				modification of the terms of the license;
G. The licensee has violated any law
				administered by the Department; or
H. The license fails to include any standard
				or limitation required pursuant to the federal
Clean Air Act
Amendments of 1990.
For the purposes of this section and sections
				  25 and
				  26, "license" includes any license,
				  permit, order, approval or certification issued by the Department and
				  "licensee" means the holder of the license.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-28 - Judicial Review of a Department Decision

Current through 2024-29, July 17, 2024
Any person may seek judicial review of a final Commissioner
				  or Board decision by filing a petition in Superior Court in accordance with
				  5 M.R.S.
				  section11001
et seq.
and
				  M.R.Civ.P.80C, except where otherwise provided by law. The filing of an appeal
				  to the Board is not a prerequisite for a judicial appeal.
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 096-3-1 - Applicability

Current through 2024-29, July 17, 2024
The following provisions govern those Department licensing
				  proceedings where a decision has been made to hold a hearing on a license
				  application or on an appeal to the Board of a Commissioner license decision.
				  This rule governs the conduct of the hearing and related pre- and post-hearing
				  procedures.
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 096-3-3 - Form, Service, and Filing of Documents

Current through 2024-29, July 17, 2024
A.
Form of
				Papers.
A party must print all petitions, motions, proposed findings,
				briefs, responses, pre-filed written testimony, and proposed orders on 8.5 inch
				by 11 inch paper. The upper left side of the first page must have a caption in
				capital letters identifying:
(1) the name of
				the applicant or licensee;
(2) the
				type of application or license;
(3)
				the application or license number issued by the Department; and
(4) the location of the activity subject to
				the application or license including the county and town.
The upper right side of the first page must identify the
				  party filing the document and the title of the document. The final page must be
				  dated and signed by, or on behalf of, the party filing the document and include
				  under the signature line that person's printed name, capacity, mailing address,
				  electronic mail address, and telephone number.
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 096-3-4 - Presiding Officer

Current through 2024-29, July 17, 2024
A.
Designation.
The Commissioner or Board Chair shall designate a Presiding
				Officer for the hearing.
(1) For hearings
				conducted by the Commissioner, the Presiding Officer must be:
(a) the Commissioner; or
(b) an employee or agent of the Department
				who is designated by the Commissioner.
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 096-3-6 - Ex-parte Communications

Current through 2024-29, July 17, 2024
A.
Communication Prohibited.
For hearings conducted by the Commissioner,
				neither the Commissioner nor the Presiding Officer may communicate directly or
				indirectly in connection with any issue of fact, law, or procedure regarding
				the matter, with any party or other person legally interested in the outcome of
				the proceeding, except upon notice and opportunity for all parties to
				participate. For hearings conducted by the Board, no Board member participating
				in the proceeding may communicate directly or indirectly in connection with any
				issue of fact, law, or procedure regarding the matter, with any party or other
				persons legally interested in the outcome of the proceeding, except upon notice
				and opportunity for all parties to participate.
B.
Communication Permitted.
This
				section does not prohibit the Presiding Officer, Commissioner or Board members
				from communicating in any respect with or receiving the aid or advice of
				Department staff, counsel, or consultants retained by the Department who have
				not participated and will not participate in the licensing proceeding in an
				advocate capacity.
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 096-3-7 - Impartiality

Current through 2024-29, July 17, 2024
Hearings must be conducted in an impartial manner. Upon a
				  timely allegation, made in good faith, of bias or of personal financial
				  interest, direct or indirect, of a Presiding Officer, Commissioner or Board
				  member in the proceedings, requesting that person disqualify him or herself,
				  that person shall determine the matter as part of the record. Should the person
				  alleged to be biased request it, an allegation must be reduced to writing by
				  the person making the allegation with an adequate time for response on the
				  record. The Presiding Officer, Commissioner, or Board member to whom the charge
				  of bias or of personal financial interest is directed may consult with the
				  Office of the Attorney General or private counsel concerning the
				  charge.
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 096-3-8 - Rights of Parties

Current through 2024-29, July 17, 2024
The opportunity for a hearing shall be afforded without undue
				  delay. Unless limited by stipulation of the parties or order of the Presiding
				  Officer under this rule, every party has the right to present evidence and
				  argument on all issues in contention, and at any hearing to call and examine
				  witnesses and to make oral cross-examination of any person present and
				  testifying.
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 096-3-9 - Consolidation of Proceedings

Current through 2024-29, July 17, 2024
On motion and for good cause shown, or on his or her own
				  initiative, the Presiding Officer may consolidate for hearing two or more
				  related proceedings when such action will be conducive to the just and proper
				  dispatch of business, the rights of any party are not prejudiced, and
				  opportunities for public participation will not be compromised. A consolidation
				  under this section may be for any purpose or issue of the
				  proceedings.
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 096-3-10 - Location of Hearing

Current through 2024-29, July 17, 2024
The Department shall strive to hold hearings in the area or
				  areas of the State significantly affected by the license application or which
				  are concerned about the issue, or as specified by state or federal law, taking
				  into consideration the needs, costs and convenience of the parties, interested
				  public and Department.
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 096-3-12 - Public Notices

Current through 2024-29, July 17, 2024
When a hearing is required by law or when a decision has been
				  made to hold a hearing, public notice shall be provided by the Department as
				  follows.
A.
Notice of
				Opportunity to Intervene
(1) Notice of
				opportunity to intervene shall be provided at least 10 days prior to the
				deadline for the filing of a petition to intervene by U.S. mail, First Class
				to:
(a) the person or persons whose legal
				rights, duties, or privileges are at issue;
(b) the municipality or municipalities
				affected by the licensing matter as determined by the Department to the best of
				its ability;
(c) the county, if the
				affected locality as determined by the Department to the best of its ability is
				an unorganized territory;
(d) the
				legislators of the geographic area or areas affected by the licensing matter;
				and
(e) persons who have made
				timely requests in writing to be notified of a licensing hearing on a specific
				matter.
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 096-3-14 - Disposition without Full Hearing

Current through 2024-29, July 17, 2024
Unless otherwise provided by law, the Department may make
				  informal disposition of a licensing proceeding by stipulation, agreed
				  settlement or consent order. Every agreement shall contain an express waiver of
				  further procedural steps concerning the matter and waiver of each party's right
				  to appeal.
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 096-3-15 - Conferences

Current through 2024-29, July 17, 2024
Conferences may be held at the discretion of the Presiding
				  Officer at any time prior to, during, or after a hearing. Members of the public
				  may attend conferences; however, participation is limited to the parties to the
				  proceeding and any agency participating pursuant to section
				  11(C) except by leave
				  of the Presiding Officer.
A.
Purpose.
Conferences may be held for any purpose including the
				following:
(1) review relevant statutory and
				regulatory criteria and clarify or narrow issues to be addressed at the
				hearing;
(2) discuss consolidation
				of parties;
(3) discuss the
				organization of the hearing;
(4)
				establish specific procedural requirements;
(5) impose limits, if necessary, on the
				number of witnesses and the time allocated to each party or issue at the
				hearing;
(6) obtain stipulations of
				fact and stipulations as to the admissibility into evidence of documents and
				other exhibits;
(7) establish
				schedules and deadlines; and
(8)
				consider such other matters that may be necessary or advisable in order to
				facilitate an orderly and fair hearing process and to expedite the hearing
				process.