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 096-2-24 - Appeal to the Board of Commissioner License Decisions

Current through 2024-29, July 17, 2024
Final license decisions of the Commissioner may be appealed
				  to the Board by persons who have standing as aggrieved persons. Notwithstanding
				  Section
				  2(B), license decisions
				  that may be appealed to the Board include acceptances of permit by rule
				  notifications, decisions on minor revisions, and public benefit
				  determinations.
A.
Appeal
				Period.
Within 30 days of the filing of a license decision by the
				Commissioner with the Board, an aggrieved person may appeal to the Board for
				review of the Commissioner's decision. The written appeal must specify whether
				the appellant desires the Board to hold a hearing on the appeal and whether the
				appellant requests that supplemental evidence be included in the record on
				appeal. An appellant who does not request a hearing or propose supplemental
				evidence in the written appeal is considered to have waived any opportunity for
				a hearing or inclusion in the record of supplemental evidence. The decision to
				hold a hearing is discretionary with the Board. An untimely appeal must be
				summarily dismissed by the Chair unless notice of the Commissioner's license
				decision was required to be given to the person filing an appeal and the notice
				was not given as required. The Chair's dismissal of an appeal for untimeliness
				is not subject to appeal to the full Board and is final agency action. In
				response to a motion by the licensee, the Chair may dismiss an appeal if the
				Chair decides an appellant is not an aggrieved person. The Chair's ruling to
				dismiss an appeal for lack of standing as an aggrieved person is appealable to
				the full Board. The filing of an appeal to the Board does not stay the license
				decision.
B.
Content of
				Appeal
(1) The written appeal must
				include evidence demonstrating the appellant's standing as an aggrieved person;
				the findings, conclusions or conditions objected to or believed to be in error;
				the basis of the objections or challenge; and the remedy sought.
(2) Exhibits attached to an appeal must be
				clearly labeled indicating date and source, and indicating whether the exhibit
				is in the existing record or is proposed supplemental evidence. Unlabeled
				exhibits may be rejected by the Chair. Electronic links to documents will not
				be accepted. In the case of lengthy documents, the appellant must specify the
				relevant portions.
(3) If the
				appellant requests that supplemental evidence be included in the record and
				considered by the Board, such a request, with the proposed supplemental
				evidence, must be submitted with the appeal. A request to supplement the record
				must address the criteria for inclusion of supplemental evidence set forth in
				section 24(D).
(4) If a hearing is
				requested, the appellant must provide an offer of proof regarding the testimony
				and other evidence that would be presented at the hearing. The offer of proof
				must consist of a statement of the substance of the evidence, its relevance to
				the issues on appeal, and whether any expert or technical witnesses would
				testify.
(5) An appeal must be
				addressed to:
Chair, Board of Environmental Protection
17 State House Station
Augusta, ME 04333-0017
(6) Appeals must be copied to the
				Commissioner, the licensee and, if a hearing was held on the application, any
				intervenor. The Board staff shall provide notice of the appeal to persons on
				the Department's interested persons list for the application or license at
				issue.