reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 160 - RULES FOR ATV CLUB TRAIL MAINTENANCE GRANT-IN-AID PROGRAM › Section 670-160-1 - SCOPE AND PURPOSE

Current through 2024-29, July 17, 2024
Under Title 12, M.R.S.A., Chapter 715, the Bureau of Parks
				  and Lands (Bureau) uses a portion of the annual ATV registration fees to fund
				  ATV related projects, including grants to groups to construct and maintain
				  trails. The purpose of this rule is to establish a process that qualified ATV
				  organizations use to obtain an annual grant, and certain terms and conditions
				  of the grant.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 160 - RULES FOR ATV CLUB TRAIL MAINTENANCE GRANT-IN-AID PROGRAM › Section 670-160-2 - APPLICATION PROCESS

Current through 2024-29, July 17, 2024
1.
Eligibility Requirements
To be eligible for the grant program, the ATV organization
				  ("applicant" or "grantee") must meet the following criteria:
A Be a non-profit corporation in good
				standing. For purposes of this rule, a qualified applicant must be a group
				formed to encourage safe ATV operations, develop organized trails for the
				public, and promote appropriate ATV use. The applicant must have a President,
				Vice President, and Trailmaster, all of whom must be at least 18 years
				old.
B Register with the Bureau's
				ATV Program by June 1st. Registration is done by providing a completed Officer
				update form (provided by the Bureau) which must include the organizations
				taxpayer ID number
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 1 - FEE SCHEDULE › Section 672-1-01 - Purpose and Legal Authority

Current through 2024-29, July 17, 2024
This rule establishes a fee schedule for applications and
				  petitions processed by the Maine Land Use Planning Commission and prescribes
				  fees for general administrative services including reproduction of documents
				  and distribution of maps and publications.
This rule is authorized by and adopted pursuant to
				  1
				  M.R.S. §408-A and
				  12
				  M.R.S. §§684,
				  685-B(2),
				  685-C(3),
				  685-F.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 1 - FEE SCHEDULE › Section 672-1-02 - Schedule of Fees

Current through 2024-29, July 17, 2024
A.
General
				Provisions
1. Fees that are based on
				acres, square feet, or linear feet are calculated using the square feet or
				linear feet of all new, reconstructed, replaced, expanded, or changes in use to
				nonconforming structures, disturbed areas, or other development, including
				utility lines. Legally existing development is not counted in the fee
				calculation. For utility lines, roads, land management roads, and natural
				resource extraction, only the portions of the project or the additional length,
				acreage, or withdrawal that triggers permit review are subject to application
				fees.
2. Except as may be provided
				by Section 1.02(B), application fees for major amendments to permits are
				assessed using the same method as the application fees for an initial permit
				application.
3. No application for
				a permit or zone change, or request for certificate of compliance, advisory
				ruling, certification, variance, or service will be processed until the fees
				have been paid in full in accordance with this rule.
4. All fees are non-refundable, except any
				fees assessed in accordance with Section 1.02(E)(2)(c), and Section 1.02(E)(3)
				that exceed actual processing costs.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 2 - Definitions › Section 672-2-01 - Purpose and Legal Authority

Current through 2024-29, July 17, 2024
This rule establishes definitions that apply to terms as they
				  appear in this chapter, the other chapters of the Commission's rules, and the
				  Commission's statute (12 M.R.S., Chapter 206-A).
This rule is authorized by and adopted pursuant to
				  5 M.R.S.
				  §8051 and
				  12 M.R.S.
				  §684.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 3 - DELEGATION OF AUTHORITY TO STAFF › Section 672-3-01 - Purpose and Authority

Current through 2024-29, July 17, 2024
The purpose of this regulation is to increase the efficiency
				  of the Commission's operations by delegating authority to the staff to handle
				  certain applications and certificates of compliance. This rule is authorized
				  and adopted pursuant to
				  12 M.R.S.A.
				  §§685-B(1-B) and
				  (8).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 3 - DELEGATION OF AUTHORITY TO STAFF › Section 672-3-02 - Delegation of Authority to Staff to Approve or Disapprove Applications

Current through 2024-29, July 17, 2024
A. The Commission delegates to its staff,
				under the responsibility of the Director, the authority to approve, approve
				with conditions or disapprove all applications (including those for special
				exceptions) submitted to the Commission pursuant to
				12 M.R.S.A.
				§685-B, provided they are routine in
				nature and do not raise significant policy issues.
The Commission delegates authority to the staff to so
				  approve or disapprove permit applications submitted pursuant to
				  12 M.R.S.A.
				  §685-B upon finding that:
1. Many of the applications are similar and
				are similarly decided and, therefore, of a routine nature;
2. The handling of that type of application
				by the staff will eliminate a waiting period between completion of the staff
				work and the next Commission meeting; and
3. The nature of the applications is such
				that the decision may be made by the staff on the strict basis of the statutory
				criteria for approval contained in
				12 M.R.S.A.
				§685-B(4) and the
				policies, standards and rules duly adopted by the Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 3 - DELEGATION OF AUTHORITY TO STAFF › Section 672-3-03 - Delegation of Authority to Staff to Issue or Deny Certificates of Compliance

Current through 2024-29, July 17, 2024
A. The Commission delegates to its staff,
				under the responsibility of the Director, the authority to issue or deny
				certificates of compliance.
B. Any
				person aggrieved by a decision of the staff under Section 3.03 shall have the
				right to a review of the decision by the Commission members within 30 days of
				the decision.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 3 - DELEGATION OF AUTHORITY TO STAFF › Section 672-3-04 - Delegation of Authority to Extend Certain Time Limits

Current through 2024-29, July 17, 2024
The Director may extend the time limits herein imposed for
				  review of staff decisions and for Commission review and decision, upon written
				  request by the applicant or with the written consent of the applicant, where
				  circumstances necessitate a longer time or for other good
				  cause.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 4 - Rules of Practice › Section 672-4-01 - SCOPE OF RULES

Current through 2024-29, July 17, 2024
Except as otherwise provided herein or by other applicable
				  provisions of law, these rules are applicable to procedures before the
				  Commission including:
A. the adoption
				and amendment of rules;
B. the
				processing of applications for permits, including special exception permits,
				required pursuant to
				12 M.R.S.
				§685-B and as provided by
				12 M.R.S.
				§685-A(10);
C. the processing of variances as provided by
				12 M.R.S.
				§685-A(10);
D. the processing of petitions for changes in
				land use standards pursuant to
				12 M.R.S.
				§685-A(7-A), or
				petitions for any rulemaking pursuant to
				5 M.R.S.
				§8055;
E. the processing of petitions for adoption
				or amendment of district boundaries pursuant to
				12 M.R.S.
				§685-A(7-A)
				(hereinafter referred to as applications for zone change);
F. the processing of requests for
				certifications pursuant to
				12 M.R.S.
				§§685-B(1-A) (B-1)
				and (B-2);
G. the delegation of
				certain authority to the Commission's staff; and
H. other procedural requirements.
Unless indicated otherwise, reference to an "application"
				  includes: an application for a permit, an application for zone change, a
				  request for a variance, a request for an advisory ruling, or a request for
				  certification. For the purposes of this chapter, unless indicated otherwise,
				  reference to an "applicant" includes: a person submitting an application for a
				  permit or zone change, or submitting a request for a variance, an advisory
				  ruling, or certification. As to a request for certification, the "applicant"
				  may include the person proposing development, not the Maine Department of
				  Environmental Protection (the MDEP).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 4 - Rules of Practice › Section 672-4-02 - ADMINISTRATIVE PROVISIONS

Current through 2024-29, July 17, 2024
A.
COMPUTATION OF TIME
1.
Days
				Included
In computing any period of time prescribed by statute or
				  regulations of the Commission, the day of the act or event, after which the
				  designated period of time begins to run, is not to be included. The last day of
				  the period so computed is to be included unless it is a Saturday, Sunday, or
				  legal holiday in which event the period must run until the end of the next day
				  which is not a Saturday, Sunday or legal holiday. A holiday is any day
				  designated as such by the President or Congress of the United States, or the
				  Legislature of the State of Maine.
2.
Receipt of Materials
In regard to any time period or deadline for the filing of
				  any submission or for service of any paper, that filing or service is
				  complete:
a. Upon the Commission, when
				the Commission receives the submission or paper by mail, in-hand delivery,
				email, or any other means specified by the Commission; or
b. Upon a party, when the submission or paper
				is sent to the party or the party's attorney, by mail, in-hand delivery, by
				email, or by delivery to the recipient's office.
3.
Acceptance of Materials After
				Expiration of the Time Period.
The Commission, for good cause shown, may at any time in its
				  discretion:
a. With or without motion
				or notice, order the period extended if request thereof is made before the
				expiration of the period originally prescribed or as extended by a previous
				order; or
b. Upon request made after
				the expiration of the prescribed period, allow the act to be done where the
				failure to act was the result of excusable neglect.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 4 - Rules of Practice › Section 672-4-03 - MEETINGS

Current through 2024-29, July 17, 2024
A.
PRE-APPLICATION AND PRE-SUBMISSION
				MEETINGS WITH COMMISSION STAFF
1.
Purpose
a. Pre-application
				meetings. Pre-application meetings between the prospective applicant and
				Commission staff are an early opportunity to discuss a proposed project or
				activity. The purpose of these meetings is to identify the applicable statutory
				and regulatory requirements, expected processing times, applicable fees,
				potential concerns, and the types of information and documentation necessary
				for the Commission to properly assess the project. Commission staff will
				determine what information the applicant must provide before or during a
				preapplication meeting.
b.
				Pre-submission meetings. A pre-submission meeting between the prospective
				applicant and Commission staff occurs after the prospective applicant has
				finished preparing an application for submission yet before formally filing the
				application. The meeting is an opportunity to review at a high level the
				assembled application to ensure that key information has been included prior to
				filing the application with the Commission.
Pre-application meetings and pre-submission meetings are held
				  for the benefit of the prospective applicant and do not bind staff or the
				  Commission to matters discussed therein, nor limit the ability of staff or the
				  Commission to raise further issues during the application review
				  process.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 4 - Rules of Practice › Section 672-4-04 - NOTICES

Current through 2024-29, July 17, 2024
A.
GENERAL PROVISIONS
1.
Consolidation of Notices.
Notice provided pursuant to Section
				  4.05 of this chapter may be included
				  in a written statement providing notice of more than one such application,
				  provided all applicable notice requirements are met.
2.
Demonstration of Notice.
The Commission may require an applicant, as part of an
				  application, to provide information regarding the specific notice provided, a
				  list of recipients, and documentation of when and how the notice was
				  provided.
3.
Additional Notice.
a. After an
				application has been filed, if the Commission determines that the applicant
				submits significant new or additional information or substantially modifies its
				application at any time after the application has been deemed as complete for
				processing, the Commission may require the applicant to provide subsequent
				notice to abutters and interested persons, consistent with Section
				4.04(B)(3) or (4) as
				applicable. The Commission may also require additional public notice at its
				discretion if a substantial period of time has elapsed since the original
				public notice.
b. Unless otherwise
				specified by statute or other applicable rules, the Commission or Commission
				staff may provide, or require an applicant to provide, additional notice
				related to an application in any manner the Commission or Commission staff
				deems appropriate. The Commission may require additional notice without
				limitation, to adjacent or potentially affected municipalities, counties, or
				service providers. Additional notice may be provided or required, without
				limitation, for the extension or reopening of a hearing record or comment
				period.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 4 - Rules of Practice › Section 672-4-06 - HEARINGS

Current through 2024-29, July 17, 2024
A.
WHEN TO HOLD A HEARING
1. A person may prepare and submit evidence
				and argument to the Commission in support of a request to hold a hearing on any
				matter.
2. The Commission will
				consider all written requests for a hearing submitted in a timely manner.
a. Within 45 days after receipt of such
				request for a hearing, the Commission must either:
(1) Deny the request for a hearing and notify
				in writing the person requesting the hearing of the Commission's decision;
				or
(2) Grant the request for a
				hearing and initiate a hearing process in accordance with Commission rules,
				Chapter 4 and Chapter 5. The Commission must notify the persons requesting a
				hearing of the Commission's decision.
3.
Hearing is Required
The Commission must conduct a hearing:
a. When required by the Constitution of Maine
				or statute;
b. If five or more
				interested persons request in writing that the Commission hold a hearing
				regarding a rulemaking, including without limitation, an application for zone
				change;
c. If a rulemaking proposal
				includes a rule or provision that is a major substantive rule as defined by
				5 M.R.S.
				§8071(2)(B);
				or
e. If otherwise required pursuant
				to the Commission's rules.
4. The Commission must not amend or modify
				any permit unless it has afforded the permittee an opportunity for hearing, nor
				may it refuse to renew any permit unless it has afforded the permittee an
				opportunity for a hearing.
5.
Hearing is Optional
Unless otherwise required by the Constitution of Maine,
				  statute, or the Commission's rules, hearings are at the discretion of the
				  Commission in the following cases:
a.
				Hearings on a permit application or a request for certification; and
b. Applications for zone change in the case
				of changes proposed on motion of the staff which involve only clerical
				corrections.
In determining whether a hearing is advisable, the Commission
				  considers i) the degree of public interest; ii) the likelihood of credible
				  conflicting technical information regarding applicable regulatory criteria;
				  iii) whether certain information material to the Commission's review cannot be
				  effectively presented as written comments on the pending application; or iv)
				  any other considerations the Commission deems appropriate or
				  compelling.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 4 - Rules of Practice › Section 672-4-07 - FINAL ACTION

Current through 2024-29, July 17, 2024
A.
(RESERVED)
B.
STAFF DECISIONS
1. Unless
				otherwise indicated in statute (e.g.
				12 M.R.S.
				§685-A(7-A)(B)(5)) or
				as a condition of the permit or certification, a final action issued by the
				staff is effective on the date the decision document is signed by the
				staff.
2. Any person aggrieved by a
				decision of the staff (e.g., regarding a permit, certificate of compliance,
				notice of violation) has the right to a review of that decision by the
				Commission. A request for such a review must be made in writing within 30 days
				of the date of the staff decision.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 4 - Rules of Practice › Section 672-4-08 - DELEGATION OF AUTHORITY TO STAFF

Current through 2024-29, July 17, 2024
A.
PURPOSE
				AND SCOPE
Pursuant to
				  12 M.R.S.
				  §§685-B(1-B) and
				  (8), the Commission finds that:
1. Many of the applications submitted to the
				Commission are similar and are therefore of a routine nature;
2. The handling of that type of application
				by the staff will eliminate a waiting period between completion of the staff
				work and the next Commission meeting; and
3. The nature of the applications is such
				that the decision may be made by the staff on the strict basis of the statutory
				criteria for approval contained in
				12 M.R.S.
				§685-B(4) and the
				policies, standards, and rules duly adopted by the
				Commission.
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 672-5-01 - SCOPE OF RULES

Current through 2024-29, July 17, 2024
These rules govern all public hearings conducted by the Land
				  Use Planning Commission ("Commission" or "the LUPC").
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 672-5-02 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A.
Consolidation of Proceedings
On motion and for good cause shown, or on its own initiative,
				  the Commission may consolidate two or more proceedings if it finds that such
				  action will be conducive to just and proper dispatch of its business and that
				  opportunities for public participation will not be compromised.
B.
Notice
Notice of all public hearings before the Commission must be
				  in accordance with Chapter 4 of the Commission's rules.
C.
Location and Attendance
1.
Hearing Locations:
All
				hearings of the Commission must be held in a location or through certain means,
				and at a time determined by the Commission to be appropriate when considering
				the needs, costs, safety, and convenience of the interested parties together
				with those of the Commission. To the extent practicable, hearings must be held
				at a location in close proximity to, or significantly affected by, the project
				or projects under review or which are concerned about the issue.
2.
Attendance at Hearings:
Attendance at a hearing must be in accordance with
				12
				M.R.S.§684.
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 672-5-04 - SERVICE AND FILING OF DOCUMENTS

Current through 2024-29, July 17, 2024
A.
Service
Unless the Presiding Officer otherwise provides, any person
				  submitting any notices, motions, petitions, briefs, written testimony or
				  testimony pursuant to Section 5.10, permitted or required to be filed with the
				  Commission pursuant to these regulations (except briefs or proposed findings
				  prepared by the staff, its consultants or counsel), must serve such documents
				  upon all applicants and intervenors in the proceeding or their
				  representatives.
B.
Filing
Unless the Presiding Officer otherwise provides, all motions,
				  petitions, briefs and prefiled testimony shall be filed in digital form. The
				  Commission or Presiding Officer, may require one or more paper copies be
				  filed.
C.
Forms
All motions, proposed findings, petitions, briefs, and, to
				  the extent practicable, written testimony filed within the Commission (except
				  for documents not susceptible of reproduction in the manner herein provided or
				  for other good cause shown) shall be typewritten or printed on white opaque
				  paper 8 1/2 x 11 inches in size. Typed materials must be double spaced. The
				  first page of each such document must be headed by the title:
STATE OF MAINE LAND USE PLANNING COMMISSION and must have a
				  caption with:
1. The title of the
				matter, giving the name of the applicant, the action in issue and the
				location;
2. The Commission's
				application number; and 3. The title of the document (e.g., Petition to
				Intervene).
The final page must be dated and signed.
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 672-5-05 - CONFERENCES

Current through 2024-29, July 17, 2024
A.
Prehearing Conferences without
				Intervenors
At the request of an applicant, the staff may confer with the
				  applicant concerning the nature and types of information and testimony which
				  the applicant will be expected to present at the hearing. Any conference is
				  held for the benefit of the applicant and does not bind the Commission or
				  Presiding Officer to matters discussed therein, nor limit the ability of the
				  Commission or Presiding Officer to raise further issues at the
				  hearing.
B.
Prehearing
				Conferences with Intervenors or Petitions for Intervention
The Presiding Officer or the staff may, upon notice to the
				  applicant, to any parties intervening pursuant to Section 5.03(A) of these
				  regulations and to any other persons the Commission or the Presiding Officer
				  deems appropriate, hold conferences and issue procedural orders for the purpose
				  of formulating or simplifying the issues, obtaining admissions of fact,
				  arranging for the submission of proposed exhibits or written testimony,
				  limiting the numbers of witnesses, consolidating the examination of witnesses,
				  consolidating parties or specifying procedures in connection with the hearing,
				  and such other matters which may expedite the orderly conduct and disposition
				  of the proceedings.
C.
Recording of Conferences
The actions taken at or following any such conference and any
				  agreements or orders arising therefrom must be stated on the record by the
				  Presiding Officer, or detailed in a procedural order, and any person may ask
				  questions about or raise objections to such actions at the time they are
				  stated.
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 672-5-06 - SUBPOENAS

Current through 2024-29, July 17, 2024
A.
Who May Request Subpoenas
At the request of any party, or at the request of the
				  Commission, or any member thereof, or on the Presiding Officer's own motion,
				  the Presiding Officer may issue subpoenas for the attendance of witnesses or
				  for the production of documents.
B.
Content
Every subpoena so issued must bear the name of the
				  Commission, bear the name of the issuing officer, and must command the person
				  to whom it is directed to attend and give testimony or produce specified
				  documents or things at a designated time and place. The subpoena requires the
				  approval of the Attorney General or their designee. The subpoena must also
				  advise of the quashing procedure provided by Section 5.06(E).
C.
Service
Unless receipt of the subpoena is acknowledged by the
				  witness, it must be served by a person who is not a party to the proceeding and
				  is not less than 18 years of age. Service must be made by delivering a copy of
				  the subpoena to the person named in it and tendering to them the fees and
				  mileage paid to witnesses in the Superior Courts of this State.
D.
Proof of Service
The person serving the subpoena must make proof of service,
				  by filing the subpoena and affidavit or acknowledgment of service with the
				  Presiding Officer. Failure to make such proof of service will not affect the
				  validity of such subpoena and service.
E.
Quashing
On motion made promptly, and before the time specified in the
				  subpoena, and on notice to the party at whose instance the subpoena was issued,
				  the Presiding Officer may:
1. Quash or
				modify the subpoena if the Presiding Officer finds that it is unreasonable or
				requires evidence not relevant to any matter in issue; or
2. Deny the motion to quash.
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 672-5-07 - EVIDENCE

Current through 2024-29, July 17, 2024
A.
Admissible Evidence
Evidence will be admissible if it is relevant and material to
				  the subject matter of the hearing and is of a type customarily relied upon by
				  reasonable persons in the conduct of serious affairs. Evidence which is
				  irrelevant, immaterial, or unduly repetitious may be excluded. Notwithstanding
				  Section 5.07(B), the experience, technical competence and specialized knowledge
				  of the Commission or Presiding Officer may be utilized in the evaluation of all
				  evidence submitted.
B.
Official Notice
The Commission or Presiding Officer may, at its discretion
				  and at any time, take official notice of any facts of which judicial notice
				  could be taken, including relevant statutes, regulations, transcripts of other
				  hearings, non-confidential agency records, generally recognized facts of common
				  knowledge to the general public, and physical, technical or scientific
				  facts.
In a hearing of the type described in Section 5.08(A) of
				  these regulations, the Commission must include in its final decision those
				  facts of which it took official notice, unless those facts are included in the
				  recording of the proceedings.
C.
Documentary and Real Evidence
1. All documents, materials and objects
				offered in evidence as exhibits must, if accepted, be numbered or otherwise
				identified.
2. Documentary evidence
				may be received in the form of copies or excerpts if the original is not
				readily available.
3. The Presiding
				Officer may require that any person offering documentary or photographic
				evidence must provide the Commission with a specified number of copies or
				provide the materials in digital form.
4. Any documentary or real evidence must:
a. be produced, compiled and submitted by the
				person offering the same, who must not request the Commission or its staff to
				produce or compile the same on his behalf; and
b. be clearly labeled indicating date and
				source, and indicating whether the evidence is in the existing record or is
				proposed supplemental evidence. Unlabeled exhibits may be rejected by the
				Presiding Officer, and electronic links to documents will not be
				accepted.
5. In a hearing
				of the type described in Section 5.08(A) of these regulations, the applicant,
				intervening parties, and state, federal or municipal agencies must provide each
				other with copies of any exhibit offered in evidence unless otherwise ordered
				by the Presiding Officer.
6. All
				documents, materials and objects admitted into evidence must be made available
				during the course of the hearing for public examination. All such evidence will
				also be available for public examination at the Commission's primary office
				during normal business hours.
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 672-5-08 - TESTIMONY AND QUESTIONS

Current through 2024-29, July 17, 2024
A.
Hearings on
				applications
In those hearings concerned with a permit application
				  pursuant to
				  12 M.R.S.
				  §685-B(4) or with an
				  application for variance or special exception pursuant to
				  12 M.R.S.
				  §685-A(10) or with an
				  application for zone change pursuant to
				  12 M.R.S.
				  §685-A(7-A), testimony
				  must be offered as follows:
1.
Direct Testimony
Direct Testimony will be offered in the following
				  order:
a. The applicant and such
				representatives and witnesses as the applicant selects;
b. Governmental agencies and representatives
				thereof;
c. Intervenors; and
d. Other interested persons.
The staff of the Commission and its representatives and
				  consultants may offer testimony at any time, at the discretion of the Presiding
				  Officer.
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 672-5-09 - CONDUCT OF THE HEARING

Current through 2024-29, July 17, 2024
A.
Opening
				Statement
The Presiding Officer, or their designee, must open the
				  hearing by describing in general terms the purpose of the hearing and the
				  general procedure governing its conduct.
B.
Recording of Testimony; Report to
				Commission
All testimony at hearings before the Commission must be
				  recorded and may, as necessary, be transcribed.
If the hearing is conducted by a single commissioner or
				  qualified employee or representative, the commissioner, employee, or
				  representative must report the findings of fact and conclusions to the
				  Commission together with a transcript of the hearing and all exhibits. The
				  findings of fact and conclusions become part of the record. The Commission is
				  not bound by the findings or conclusions when acting upon the record, but will
				  take action, issue orders, and make decisions as if it had held and conducted
				  the hearing itself.
C.
Oral Testimony
1.
Hearings
				on Applications
Witnesses must be sworn. Witnesses may be compelled to
				  attend, testify and produce records if subpoenaed by the Commission. Witnesses
				  will state for the record their name, place of residence, business or
				  professional affiliation, if any, and whether or not they represent another
				  individual, firm, association, organization, partnership, trust company,
				  corporation, state agency, or other legal entity for the purpose of the
				  hearing.
2.
All Other
				Hearings
Persons testifying are not required to be sworn, but must
				  state for the record their name and place of residence. If the person
				  testifying represents another individual, firm, association, organization,
				  partnership, trust company, corporation, state agency or other legal entity for
				  the purpose of the hearing, the person testifying must identify the business or
				  professional affiliation.
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 672-5-10 - CLOSURE OF THE HEARING

Current through 2024-29, July 17, 2024
A.
Closure of
				the Hearing Record
Except as provided in Sections 5.07(B) and 5.10(D), of these
				  rules, after final closure of the public hearing, including any period when the
				  record remains open as provided in this section or as directed by the Presiding
				  Officer, no further evidence will be allowed into the record.
B.
Time Periods for Written Comments
				After the Conclusion of a Hearing
After the conclusion of a hearing the record will remain open
				  for:
1. A period of 10 days for the
				purpose of allowing interested persons to file written statements with the
				Commission; and
2. A period of
				seven additional days for the purpose of allowing interested persons to file
				statements in rebuttal of those filed pursuant to Section 5.10(B)(1)
				above.
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 672-5-11 - HEARING RECORD

Current through 2024-29, July 17, 2024
A. The record of the
				hearing must consist of all applications, petitions, motions, preliminary and
				introductory rulings and orders, the recording of the hearing or the
				transcript, all exhibits or written testimony submitted at the hearing or
				pursuant to Section 5.10 of these regulations, any other evidence received or
				considered, all briefs and proposed findings and comments thereon, the findings
				of fact and conclusions of the Presiding Officer, any facts officially noticed,
				any offers of proof, objections and rulings thereon, and all staff memoranda to
				the Commission together with the decision or order of the Commission.
B. Copies of the record must be available in
				accordance with Chapter 4 of the Commission's rules. Where available, a
				transcript of the testimony of any hearing and copies of evidentiary materials
				may be purchased directly from the independent official Commission reporter or
				from the person having submitted such materials, if any, or if necessary,
				through the Commission, provided that no undue burden is placed upon the
				Commission in responding to such request, and further provided that such
				materials are in a form or size possible to reproduce by photocopying or
				similar means.
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 672-5-12 - Offer of Proof

Current through 2024-29, July 17, 2024
An offer of proof may be made in connection with an objection
				  to a ruling of the Presiding Officer excluding or rejecting any testimony,
				  evidence, or questions on cross-examination. Such offer of proof shall consist
				  of a statement of the substance of the proffered evidence which is expected to
				  be shown.
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 672-5-14 - Participation by Interested Persons

Current through 2024-29, July 17, 2024
Any person may, in the discretion of the Presiding Officer,
				  be permitted to make oral or written statements on the issues, introduce
				  documentary, photographic and real evidence, attend and participate in
				  conferences and submit written or oral questions of other participants, within
				  such limits and on such terms and conditions as may be fixed by the Commission
				  or the Presiding Officer.
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 672-5-15 - Governmental Agencies

Current through 2024-29, July 17, 2024
Governmental agencies may notify the Commission of their
				  anticipated participation in any hearing in the form and manner required by
				  Section 5.13(1). Such governmental agencies shall, upon having filed such
				  notice, be entitled to all rights of an intervenor in such proceedings.
				  Representatives of governmental agencies may participate in their official
				  capacity only if representing the views of the agency on whose behalf they
				  appear, and not personal views and opinions. Government agencies may still
				  provide testimony at the hearing without filing a notice under this
				  section.
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 672-5-16 - Testimony and Questions

Current through 2024-29, July 17, 2024
(1)
Hearings
				on permit applications or petitions for a change in district boundaries:
In those hearings concerned with a permit application pursuant to 12
				M.R.S.A. §685-B(4) or with a petition for variance or special exception
				pursuant to 12 M.R.S.A. §685-A(10) or with a petition for the change of
				land use district boundaries pursuant to 12 M.R.S.A. §685-A(7-A),
				testimony shall be offered as follows:
(a)
Direct Testimony
:
Direct Testimony shall be offered in the following
				  order:
(i) The applicant or petitioner
				and such representatives and witnesses as he/she selects;
(ii) Governmental agencies and
				representatives thereof;
(iii)
				Intervenors; and
(iv) Other
				interested persons
The staff of the Commission and its representatives and
				  consultants may offer testimony at any time.
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 672-5-17 - Oral Argument

Current through 2024-29, July 17, 2024
For hearings conducted under Section 5.16(1), oral argument
				  may be permitted before the Commission at the conclusion of the evidence or at
				  a time and place fixed by the Presiding Officer, at his/her
				  discretion
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 672-5-18 - Closure of the Hearing

Current through 2024-29, July 17, 2024
(1)
Closure
				of the hearing record:
Except as provided in Sections 5.20 and 5.21, of
				these rules, after final closure of the public hearing, including any period
				when the record remains open as provided in this section or as directed by the
				Presiding Officer, no further evidence will be allowed into the
				record.
(2)
Time periods for
				written comments after the conclusion of a hearing:
After the conclusion
				of a hearing the record will remain open for:
(a) A period of 10 days for the purpose of
				allowing interested persons to file written statements with the Commission;
				and
(b) A period of seven (7)
				additional days for the purpose of allowing interested persons to file
				statements in rebuttal of those filed pursuant to Section 5.18,(2)(a)
				above.
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 672-5-19 - Record

Current through 2024-29, July 17, 2024
The record of the hearing shall consist of all applications,
				  petitions, motions, preliminary and introductory rulings and orders, the
				  recording of the hearing or the transcript, all exhibits or written testimony
				  submitted at the hearing or pursuant to Section 5.18 of these regulations, any
				  other evidence received or considered, all briefs and proposed findings and
				  comments thereon, the findings of fact and conclusions of the Presiding
				  Officer, any facts officially noticed, any offers of proof, objections and
				  rulings thereon, and all staff memoranda to the Commission together with the
				  decision or order of the Commission.
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 672-5-20 - Petition for Correction in Regard to Permit Application or Rezoning Petition

Current through 2024-29, July 17, 2024
Within 30 days after receipt of any decision concerning a
				  permit application or rezoning petition following a hearing, any person
				  aggrieved by the decision or order of the Commission may petition to seek the
				  correction of any misstatement of fact or clerical error contained in the final
				  decision or to challenge any material fact of which the Commission took
				  official notice. The Commission shall determine whether to dismiss the petition
				  as without merit, to correct the error, to reopen the hearing pursuant to
				  Section 5.21 herein, or to take such other steps as it deems appropriate.
				  Failure to invoke the provisions of this section shall have no effect upon an
				  aggrieved party's right of appeal to a court of law.
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 672-5-21 - Reopening the Hearing after Decision on Permit Application or Rezoning Petition

Current through 2024-29, July 17, 2024
(1) Within 30 days
				after the Commission has rendered a decision on a permit application or a
				rezoning petition following a hearing, any person aggrieved by such decision or
				order may petition the Commission to reopen the hearing for the purpose of
				introducing new evidence with regard to any provision of such order or
				decision. The petitioner shall deliver or mail a copy of any such petition
				simultaneously to any other party to the proceeding. Upon receipt of such
				petition, the Commission shall consider the offer of evidence contained therein
				and determine whether to dismiss the petition as offering no material evidence
				not already before the Commission or to reopen the hearing. Upon reopening the
				hearing, the Commission shall amend its original order only if new evidence is
				presented to support such amendment. Failure to invoke the provisions of this
				section shall have no effect upon an aggrieved party's right of appeal to a
				court of law.
(2) Within (7) seven
				days of the filing of a petition to reopen hereunder, any other interested
				person may file an answer in opposition to the petition
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 672-5-22 - Copies of the Record

Current through 2024-29, July 17, 2024
Where available, a transcript of the testimony of any hearing
				  and copies of evidentiary materials may be purchased directly from the
				  independent official Commission reporter, if any, or if necessary, through the
				  Commission, provided that no undue burden is placed upon the Commission in
				  responding to such request, and further provided that such materials are in a
				  form or size susceptible of reproduction by photocopying or similar
				  means.
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 672-5-23 - Forms

Current through 2024-29, July 17, 2024
All motions, proposed findings, petitions, briefs, and, to
				  the extent practicable, written testimony filed within the Commission (except
				  for documents not susceptible of reproduction in the manner herein provided or
				  for other good cause shown) shall be typewritten or printed on white opaque
				  paper 8 1/2 x 11 inches in size. Typed matter shall be double spaced. The first
				  page of each such document shall be headed by the title:
STATE OF MAINE
LAND USE PLANNING COMMISSION
and shall have a caption with:
(1) The title of the matter, giving the name
				of the applicant, the action in issue and the location;
(2) The Commission's application number;
				and
(3) The title of the document
				(e.g. Petition to Intervene).
The final page shall be dated and signed.
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 672-5-24 - Service and Filing of Documents

Current through 2024-29, July 17, 2024
(1)
Service:
Unless the Presiding Officer otherwise provides, any person
				submitting any notices, motions, petitions, briefs, written testimony or
				testimony pursuant to Section 5.18, permitted or required to be filed with the
				Commission pursuant to these regulations (except briefs or proposed findings
				prepared by the Commission or staff, its consultants or counsel), shall serve
				such documents upon all applicants or petitioners and intervenors in the
				proceeding or their representatives.
(2)
Filing:
Unless the
				Presiding Officer otherwise provides, an original and (9) nine copies of all
				motions, petitions, briefs and prefiled testimony shall be filed with the
				Commission.
(3)
Representatives:
The first document filed by any person in a proceeding
				shall designate the name and address of a person on whom service shall be made
				and to whom all correspondence from the Commission and staff shall be
				sent.