reglab/statecodes huggingface dataset:
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 096-3-16 - Pre-hearing Submissions

Current through 2024-29, July 17, 2024
The Presiding Officer may require that certain information be
				  submitted by the parties prior to the hearing.
A.
Additional Information from
				Applicant in a License Application Proceeding.
(1) Department staff may at any time prior to
				the hearing submit questions to the applicant or request additional information
				from the applicant.
(2) The
				Presiding Officer may at any time prior to the hearing request that the
				applicant submit to the Department additional information necessary to evaluate
				the license application. A party may ask the Presiding Officer to make such a
				request. A party asking the Presiding Officer to make such a request must
				explain why the additional information sought is relevant and necessary for an
				analysis of the materials submitted in support of the application and why the
				additional information is not otherwise readily available.
(3) A request for additional information
				under this subsection must be made with a reasonable time for response prior to
				the scheduled hearing. While the applicant is not obligated to respond to a
				request for additional information, the burden of proof to demonstrate that all
				licensing standards are met remains with the applicant.
(4) Copies of any requests for additional
				information made pursuant to this subsection, and any responses thereto, must
				be provided to all parties.
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 096-3-17 - Modification of a Pending Application

Current through 2024-29, July 17, 2024
An applicant who modifies a pending license application
				  within sixty days prior to a scheduled hearing shall notify the Presiding
				  Officer at the time of filing of the modification with the Department.
				  Depending upon the nature of the change to the proposed activity and the amount
				  of time remaining before the hearing, the Presiding Officer may provide an
				  opportunity to submit written testimony in response to the proposed
				  modification, postpone the hearing, or take any other appropriate action to
				  ensure that all parties have a full and fair opportunity to address the
				  modification and prepare for the hearing. Any Department costs associated with
				  the need to reschedule a hearing as a result of a modification to a pending
				  application will be paid by the applicant.
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 096-3-18 - Withdrawal of an Application

Current through 2024-29, July 17, 2024
An applicant may withdraw its application by right until ten
				  (10) days before the due date for pre-filed direct testimony or, in a
				  proceeding where pre-filed testimony is not required, until ten (10) days
				  before the hearing. Written notice of such withdrawal by right must be filed
				  and served in accordance with section
				  3. After the deadline for withdrawal by
				  right, the applicant must obtain permission to withdraw by submitting a written
				  request to the Presiding Officer. All parties to the proceeding will have an
				  opportunity to comment in writing on a request for permissive withdrawal.
				  Decisions on requests for permissive withdrawal will be based on all relevant
				  information including but not limited to the following:
A. the point in the proceeding at which the
				request is made;
B. the reason for
				the request for withdrawal;
C. the
				amount of resources expended up to that point by the parties, the public, and
				the Department and additional resources needed to fully adjudicate the
				matter;
D. the comments of the
				parties and the basis for their objections, if any;
E. the nature of the issues in dispute and
				the precedential value of a decision; and
F. the interests of fairness and justice.
The decision to allow withdrawal is made by the Presiding
				  Officer for matters pending before the Commissioner, or by the Board for
				  matters pending before it. All application withdrawals are without
				  prejudice.
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 096-3-19 - General Conduct of Hearing

Current through 2024-29, July 17, 2024
A.
Opening
				Statement.
The Presiding Officer will open the hearing by describing in
				general terms the purpose of the hearing and the general procedures governing
				its conduct. Immediately following the Presiding Officer's opening statement,
				Department staff will offer the existing record of the license application or
				appeal for acceptance into the record
.
B.
Witnesses.
All witnesses must
				be sworn. Witnesses are required to state for the record their name, address,
				business or professional affiliation, and whether they represent another
				individual, firm, organization, government agency or other legal entity for the
				purpose of the hearing. All witnesses providing sworn testimony, including
				pre-filed written testimony, shall be present at the hearing and subject to
				cross-examination by the parties. The parties have a right to question all
				persons present and testifying.
(1) Hearing
				on a License Application. Direct testimony provided at a hearing on a license
				application will occur in the following order unless otherwise prescribed by
				the Presiding Officer:
(a)
				applicant;
(b)
				intervenors;
(c) state, federal,
				municipal, and other governmental agencies; and
(d) members of the public.
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 096-3-20 - Evidence

Current through 2024-29, July 17, 2024
A.
Relevancy.
Evidence will be
				admitted if it is relevant and material to the subject matter of the hearing
				and is of a kind upon which reasonable persons are accustomed to rely in the
				conduct of serious affairs. Evidence which is irrelevant, immaterial or unduly
				repetitious will be excluded.
The Department's experience, technical expertise, and
				  specialized knowledge may be utilized in the evaluation of all evidence.
B.
Privileges.
The
				rules of evidence observed by courts do not apply; however, the rules of
				privilege recognized by law will be observed.
C.
Official Notice.
Official
				notice may be taken of any facts of which judicial notice could be taken; of
				any general, technical, or scientific matters within the Department's
				specialized knowledge; and of statutes, regulations, and non-confidential
				agency records. Parties will be notified of material so noticed and will be
				afforded an opportunity to contest the substance or materiality of the matters
				noticed. Facts officially noticed will be included and indicated as such in the
				record.
D.
Documentary
				Evidence
(1) All documents, materials,
				and objects offered into evidence as exhibits must be uniquely numbered or
				otherwise identified. Documentary evidence may be received in the form of
				copies and excerpts if the original is not readily available. Exhibits
				submitted in electronic format will typically be accompanied by a paper copy of
				the content unless the Presiding Officer determines that a paper copy is not
				needed or is impractical. The Presiding Officer will prescribe the number of
				copies of exhibits required. Where an exhibit is not easily reproduced due to
				its form, size or character, the Presiding Officer may allow copies to be
				provided in alternate formats.
(2)
				If allowed by the Presiding Officer, exhibits may be introduced by a member of
				the general public at a hearing. Prior to the introduction of such exhibits,
				parties have a right, upon request, to examine the exhibits, raise any
				objection at that time, and if requested, shall be provided with an opportunity
				to respond regarding the content of an exhibit before the hearing record is
				closed.
(3) At least one (1) copy
				of the record of the license application or appeal placed into evidence will be
				made available by the Department at the hearing location for the purposes of
				providing the opportunity for public examination at specified times during the
				course of the hearing. A copy of the Department's file on the matter will be
				available for members of the public to schedule an examination at the
				Department's office before and after the hearing, during normal business
				hours.
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 096-3-21 - Closing Argument

Current through 2024-29, July 17, 2024
Oral closing arguments by each party may be allowed by the
				  Presiding Officer after the presentation of evidence has concluded, at a time
				  and place to be fixed by the Presiding Officer. The applicant may choose to
				  present its oral argument last, except that in an appeal proceeding where the
				  appellant is not the applicant, the appellant may choose to present its oral
				  argument last.
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 096-3-22 - Conclusion of Hearing

Current through 2024-29, July 17, 2024
At the conclusion of the hearing, no other evidence will be
				  allowed into the record, except as specified by the Presiding
				  Officer.
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 096-3-23 - Post-hearing Brief and Proposed Findings

Current through 2024-29, July 17, 2024
All parties have the right to submit briefs and proposed
				  findings of fact in writing after the close of the hearing and the record,
				  within such time as specified by the Presiding Officer.
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 096-3-24 - Reopening the Record

Current through 2024-29, July 17, 2024
Prior to issuing a final decision, the Presiding Officer may
				  reopen the record for good cause shown. The Department shall give notice of a
				  reopening of the record and any further proceeding to the parties and shall
				  notify interested persons and the public in such manner as is appropriate to
				  afford them the opportunity to participate.
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 096-3-25 - Decision on the Record

Current through 2024-29, July 17, 2024
The decision in a licensing proceeding must be based upon the
				  evidence in the record.
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 096-3-26 - Board Deliberations

Current through 2024-29, July 17, 2024
Following a Board hearing and close of the record, the Board
				  may hold as many deliberative sessions as members deem necessary to discuss the
				  record and the relevant review criteria. Participation is limited to Board
				  members, Board counsel, Department staff, and if requested by the Presiding
				  Officer, outside agency review staff and Department hired
				  consultants.
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 096-3-27 - Draft License Decisions

Current through 2024-29, July 17, 2024
A.
Draft
				Commissioner License Decision.
For license applications to be decided by
				the Commissioner following a hearing, the Commissioner will issue a draft
				license decision to all parties and interested persons to provide them with an
				opportunity to comment. The draft license decision must be made available for
				inspection at the Department's Augusta office and appropriate regional offices
				at least five (5) working days before the Commissioner takes final
				action.
B.
Draft Board
				License Decision.
For license applications to be decided by the Board
				following a hearing, the Board will issue a draft license decision to all
				parties and interested persons to provide them with the opportunity to comment.
				The draft license decision must be made available at the Department's Augusta
				office and appropriate regional offices at least fifteen (15) working days
				before the Board takes final action.
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 096-3-28 - Decisions

Current through 2024-29, July 17, 2024
Every decision made at the conclusion of a licensing
				  proceeding must be in writing and must include findings of fact sufficient to
				  apprise the parties and members of the public of the basis for the decision. A
				  copy of the decision must be provided to each party to the proceeding and
				  interested persons. Written notice of the right to appeal the decision within
				  the Department, or to review of the decision by the courts, as the case may be,
				  and of the action required and the time within which such action must be taken,
				  must be given with the decision to each party and interested person. All
				  correspondence notifying the parties of the license decision must be by
				  certified mail, return receipt requested, to each party's designated
				  representative as identified on the Service List in Section
				  3(B).
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 096-3-29 - Record of Proceeding

Current through 2024-29, July 17, 2024
A record must be kept of all licensing proceedings.
A.
Hearings Recorded.
All
				hearings will be recorded in a form susceptible to transcription. The
				Department shall transcribe the recording upon the filing of an
				appeal.
B.
Contents of
				Record.
The record must contain:
(1)
				all applications, petitions, motions, briefs, procedural rulings, and
				orders;
(2) evidence
				admitted;
(3) a statement of facts
				officially noticed and stipulations made by the parties;
(4) offers of proof, objections, and rulings
				thereon;
(5) all outside agency
				review comments and memoranda submitted by Department staff and Department
				hired consultants in connection with the licensing proceeding;
(6) all substantive correspondence;
(7) proposed findings, if
				applicable;
(8) recommended
				decisions, opinions, and reports, if any, by the Presiding Officer;
				and
(9) the final decision of the
				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 096-3-30 - Post Decision Notice Requirements

Current through 2024-29, July 17, 2024
Any licensee receiving an approval following a hearing must
				  provide notice to all parties of the filing of any documents with the
				  Department indicating:
A. actions to
				comply with conditions contained in the license that require Department review
				and approval;
B. proposals to amend
				a license when such a proposal was not part of the original decision and is
				submitted within one (1) year of the decision becoming final or project start
				date, whichever is later, unless otherwise provided in the decision;
				and
C. proposals to amend a license
				regarding an issue that was the subject of an appeal when the proposal is
				submitted within three (3) years of the decision, unless otherwise provided in
				the decision.
The licensee's responsibility under this section is deemed
				  fulfilled when the notice is mailed to a party to a proceeding.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-1 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of this chapter, the following terms have
				  the following meanings unless the context indicates otherwise.
A.
Appellant.
"Appellant" means
				the person to whom a Commissioner's emergency or unilateral administrative
				order has been issued and who appeals that order to the Board.
B.
Board.
"Board" means the
				Board of Environmental Protection.
C.
Board Chair.
"Board Chair"
				means the Chair of the Board, or the Chair's designee.
D.
Commissioner.
"Commissioner"
				means the Commissioner of the Department of Environmental Protection, or the
				Commissioner's designee.
E.
Commissioner's Order.
"Commissioner's Order" means the emergency
				or unilateral administrative order issued by the Commissioner which is the
				subject of a request for a hearing.
F.
Department.
"Department"
				means the Department of Environmental Protection, which includes the
				Commissioner and the Board.
G.
Hearing.
"Hearing" means an adjudicatory proceeding before the
				Board during which the parties to the proceeding present testimony and evidence
				for the purpose of providing facts upon which the Board will adjudicate the
				appeal of the Commissioner's Order.
H.
Party.
"Party" means the
				specific person to whom the Commissioner's Order was issued, the Commissioner,
				and, if allowed, an intervenor pursuant to
				5 M.R.S. §9054(1) or
				(2).
I.
Person.
"Person" means an
				individual, partnership, corporation, governmental entity, association, or
				public or private organization of any character, other than the
				Department.
J.
Presiding
				Officer.
"Presiding Officer" means the individual authorized pursuant to
				 5 M.R.S.
				§9062 and Section
				7 of
				this rule to preside over the hearing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-2 - Applicability

Current through 2024-29, July 17, 2024
This rule applies to hearing proceedings conducted by the
				  Board regarding emergency or unilateral administrative orders issued by the
				  Commissioner pursuant to but not limited to the following statutory
				  sections.
38 M.R.S.
				  §347-A(3): Emergency
				  orders
38 M.R.S.
				  §413(11)(F): Emergency
				  mercury water discharge order
38 M.R.S.
				  §490-RR(5): Metallic
				  mineral mining suspension order for failure to provide financial
				  assurance
38 M.R.S.
				  §490-TT(2): Metallic
				  mineral mining order
38 M.R.S.
				  §548: Oil discharge clean-up
				  order
38 M.R.S.
				  §565-A: Order to cease oil delivery to
				  underground oil storage tank
38 M.R.S.
				  §568(3): Oil tank
				  discharge clean-up order
38 M.R.S.
				  §610-B(4): Outdoor wood
				  boiler order
38 M.R.S.
				  §1296: Lead abatement order
38 M.R.S.
				  §1304(12): Hazardous
				  waste or waste oil compliance orders
38 M.R.S.
				  §1310: Emergency waste handling and
				  transport order
38 M.R.S.
				  §1316-A: Tire stockpile abatement
				  order
38
				  M.R.S. §1365: Uncontrolled hazardous
				  substance site order
38 M.R.S.
				  §1397: Wellhead protection
				  order.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-3 - Relationship to Other Statutes and Rules

Current through 2024-29, July 17, 2024
In addition to the procedures set forth in this rule,
				  hearings will be conducted in accordance with the procedural requirements of
				  the Maine Administrative Procedure Act, Title 5, chapter 375, to the extent
				  those requirements are practicable and do not conflict with the requirements
				  set forth in the statute under which the Commissioner's Order was issued. If a
				  conflict exists between this rule and more specific procedural requirements set
				  forth in the statutes and any associated rules under which the Commissioner's
				  Order was issued, those requirements control.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-4 - Service List

Current through 2024-29, July 17, 2024
The Presiding Officer will maintain a service list with the
				  contact information of the individual designated by each party to receive
				  service of filings, notices, and other correspondence on its behalf. Unless
				  otherwise indicated in the first document filed by any party in a proceeding,
				  the name and mailing (postal mail or electronic mail) address of the individual
				  filing the first document will be used by the Board and all parties for the
				  purpose of providing service. Any subsequent change of the designated
				  representative must be served on the Board, the Commissioner, and all parties
				  by the party making the change.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-5 - Form of Documents

Current through 2024-29, July 17, 2024
Paper documents must be printed on 8.5-inch by 11-inch paper.
				  The first page must have a caption that identifies the name and location of the
				  site that is the subject of the order on appeal, the name of the document (e.g.
				  motion, testimony), and the name and title of the entity filing the document.
				  All pages must be numbered. The last 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. Electronic documents should be provided in Portable
				  Document Format (PDF) format when possible.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-6 - Filing of Documents and Computation of Time

Current through 2024-29, July 17, 2024
Filings may be by electronic mail provided the signed
				  original document is received by the Board within three (3) working days,
				  unless the Presiding Officer provides otherwise. Every document or
				  communication filed with the Board by a party must be served upon all parties,
				  unless the Presiding Officer directs otherwise.
A.
Upon the Board.
The filing of
				any submission with the Board, in care of the Board Clerk, is complete when the
				Board 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, unless another time is specified by the Presiding Officer).
				Submissions not received by the Board by the deadline may be deemed untimely,
				absent a showing of good cause. The burden to ensure materials are filed in a
				timely manner rests with the person making the filing, regardless of the method
				used.
B.
Upon a Party.
The filing of any submission or the service of any document or communication
				upon a party to the proceeding is deemed complete when the document or
				communication is sent to the party or the party's designated representative by
				mail, in-hand delivery, telefax, or electronic mail.
C.
Computation of Time.
For the
				purpose of this rule, "days" are calendar days unless otherwise specified.
				"Working days" does not include Saturdays, Sundays, holidays observed by the
				State, and any other day state offices to which submissions must be delivered
				are closed due to inclement weather or unforeseen circumstances. In computing
				any period of time prescribed or allowed by the applicable statute or this
				rule, the day of the action or event that starts the period is not included.
				The last day of the period so computed is included, unless it is not a working
				day, in which event the period runs until the close of business (5:00 p.m.) on
				the next working day.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-7 - Presiding Officer

Current through 2024-29, July 17, 2024
A.
Designation.
The Presiding Officer is the Board Chair or a Board
				member who is designated by the Board Chair.
B.
Authority.
The Presiding
				Officer has the authority to:
(1) identify
				statutes and rules that are applicable to the proceeding;
(2) act upon requests for
				subpoenas;
(3) rule on the
				admissibility of evidence;
(4)
				limit the issues to be heard if the parties and the Presiding Officer agree to
				such limitation, or if no prejudice to any party will result;
(5) grant or deny petitions for intervention
				which have not previously been ruled upon by the Board in the event that timing
				of the hearing allows for intervention;
(6) administer oaths and
				affirmations;
(7) conduct
				conferences;
(8) regulate the
				course of the proceeding, set the time and place for the hearing, and fix the
				time and manner for filing of exhibits, evidence, briefs, and other written
				submissions;
(9) rule upon issues
				of procedure;
(10) certify
				questions to the Board for its determination; and
(11) vary from any procedure prescribed by
				this rule or the Maine Administrative Procedure Act to if the parties and the
				Presiding Officer agree to such variation, or if the variance will achieve
				greater fairness or economy and no prejudice to any party will result.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-8 - Ex-parte Communications

Current through 2024-29, July 17, 2024
No Board member participating in the proceeding may
				  communicate directly or indirectly in connection with any issue of fact, law,
				  or procedure with any party, or other persons legally interested in the outcome
				  of the proceeding, except upon notice and opportunity for all parties to
				  participate. This provision does not prevent the Board from having the aid or
				  advice of Board staff, Board counsel, or consultants retained by the Board who
				  have not participated and who will not participate in the proceeding in an
				  advocate capacity.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-9 - Impartiality

Current through 2024-29, July 17, 2024
The hearing 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 or Board member in the
				  proceedings, requesting that person disqualify themself, that person must
				  determine the matter as part of the record. If the person alleged to be biased
				  requests, 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 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 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-10 - Rights of Parties

Current through 2024-29, July 17, 2024
Unless limited by stipulation or by the Board to prevent
				  repetition or unreasonable delay in the proceeding, every party has the right
				  to present evidence and arguments on all relevant issues, to call and examine
				  witnesses, and to cross-examine any person present and testifying. The
				  Presiding Officer may require that evidence and argument on certain issues be
				  presented solely in writing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-11 - Evidence

Current through 2024-29, July 17, 2024
A.
Relevancy.
Evidence will be
				admitted if it is the kind of evidence upon which reasonable persons are
				accustomed to rely in the conduct of serious affairs. Irrelevant and unduly
				repetitious evidence may be excluded.
B.
Documentary and Real
				Evidence.
All documents, materials, and objects offered into evidence as
				exhibits must be uniquely numbered or otherwise identified. Documentary
				evidence may be received in the form of copies and excerpts if the original is
				not readily available. The Presiding Officer may require that parties also
				provide paper copies of exhibits initially submitted in electronic format.
				Electronic links to documents will not be accepted. The Presiding Officer will
				prescribe the number of copies of exhibits required. Where an exhibit is not
				easily reproduced due to its form, size or character, the Presiding Officer may
				allow copies to be provided in alternate formats.
C.
Contents of Record.
The
				record will consist of the following items.
(1) All applications, relevant Department
				licenses, permits or certifications, notices of violation, motions, rulings and
				orders;
(2) Evidence received or
				considered;
(3) A statement of any
				facts officially noticed by the Board and any stipulations by the parties, if
				any;
(4) Offers of proof,
				objections and rulings thereon;
(5)
				Proposed findings, if any;
(6)
				Outside agency review comments and memoranda or reports from Board hired
				consultants, if any;
(7) The
				recommended decision, if any, by the Presiding Officer; and
(8) The final decision of the
				Board.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-12 - Subpoenas

Current through 2024-29, July 17, 2024
Any party may request the issuance of a subpoena in the name
				  of the Board to require the attendance and testimony of witnesses and the
				  production of any evidence relating to any issue of fact in the proceeding. Any
				  request for subpoena will be governed by 06-096 C.M.R. ch. 3, section (13) to
				  the extent applicable, except that all references to "Department" will be to
				  the "Board."
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-13 - General Conduct of Hearing

Current through 2024-29, July 17, 2024
A.
Opening of
				Hearing.
The Presiding Officer will open the hearing by describing in
				general terms the purpose of the hearing and the procedures governing its
				conduct.
B.
Witnesses.
All persons presenting testimony must be sworn. All witnesses providing
				testimony must be present at the hearing and are subject to cross-examination
				by the parties. The parties have a right to question all persons
				testifying.
C.
Filing of
				Testimony.
If the schedule of the hearing allows, the Board may require
				the pre-filing of all or part of the testimony of witnesses in written form for
				the purposes of expediting the proceeding. Every such witness shall be subject
				to oral cross-examination.
D.
Order of Testimony.
Unless specified otherwise in the enabling
				statute, the Commissioner must first name the person to whom the order was
				issued and establish the basis for the Commissioner's Order; accordingly, the
				Commissioner's witnesses testify first. The witnesses for the person named in
				the order testify after cross-examination and questioning of the Commissioner's
				witnesses. If the proceeding provides for intervention, the Presiding Officer
				will specify the schedule for intervenor testimony and the cross-examination of
				intervenor witnesses.
E.
Examination of Witnesses and Questioning by Board.
Board members,
				Board counsel, and Board staff may ask questions at any time of all persons
				testifying.
F.
Closing
				Arguments.
Oral closing arguments by each party may be allowed by the
				Presiding Officer after the presentation of evidence has concluded, at a time
				and place to be fixed by the Presiding Officer. Closing arguments may not
				introduce new evidence.
G.
Post-hearing Briefs and Proposed Findings of Fact.
The Presiding
				Officer may provide the parties with an opportunity to submit post-hearing
				briefs and proposed findings of fact after the close of the hearing and the
				record, within such time as specified by the Presiding Officer.
H.
Board Deliberations.
Following the close of the hearing and evidentiary record, the Board willde
				liberate and vote on a decision. Participation in deliberations is limited to
				Board members, Board counsel, and Board staff.
I.
Hearings recorded.
Hearings
				will be recorded in a form susceptible to transcription.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 4 - RULE GOVERNING HEARINGS ON APPEALS OF CERTAIN EMERGENCY OR ADMINISTRATIVE COMMISSIONER ORDERS › Section 096-4-15 - Decision

Current through 2024-29, July 17, 2024
The decision of the Board made at the conclusion of a
				  hearing on a Commissioner's Order will be in writing or stated in the record
				  and will include findings of fact sufficient to apprise the parties and any
				  interested member of the public of the basis for the decision. A copy of the
				  decision will be delivered or promptly mailed to each party to the proceeding
				  or the party's representative of record. Written notice of a party's right to
				  appeal to court, the action required, and the time within which such action
				  must be taken will be given to each party with the decision. The decision will
				  be mailed to the parties, other than the Commissioner, by certified mail,
				  return receipt requested.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-1 - Scope of Regulations

Current through 2024-29, July 17, 2024
These regulations govern practice in all enforcement
				  proceedings before the Board of Environmental Protection or the Department of
				  Environmental Protection involving violations of any provisions of the laws or
				  regulations which it administers, or of the terms or conditions of any of its
				  orders or licenses. These regulations shall not apply to hearings on
				  applications, whether ordinary hearings or those involving a significant public
				  interest, but shall apply to hearings which may result in the revocation,
				  modification or suspension of any license whenever such hearings are based upon
				  the violation of any of the provisions of the laws administered by the Board or
				  of the terms or conditions of any license. These regulations shall be construed
				  to serve the just, speedy and inexpensive determination of every enforcement
				  proceeding.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-2 - Presiding Officer

Current through 2024-29, July 17, 2024
A.
Designation.
The Presiding Officer at all hearings may be either:
(1) The Commissioner, if present and willing
				to preside,
(2) A member of the
				Board selected by those members present at the hearing, or
(3) If no Board member is present or willing
				to preside a qualified employee or representative of the Department designated
				by the Board or Commissioner.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-3 - General Conduct of Hearing

Current through 2024-29, July 17, 2024
A.
Opening
				Statement
(1) The Presiding Officer
				shall open the hearing by describing in general terms the purpose of the
				hearing and the general procedure governing its conduct.
(2) The Presiding Officer shall read the
				notice of alleged violation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-4 - Commencement of Proceedings

Current through 2024-29, July 17, 2024
A.
Commencement of Proceedings.
A proceeding shall be commenced by serving
				a notice of violation upon the alleged violator (herein called
				"Respondent").
B.
Notice:
				Form, Contents.
The notice shall set forth in clear and concise language
				the following:
(1) A specific designation of
				the statute, regulation, order or license alleged to be violated;
(2) A factual statement sufficient to inform
				the Respondent with reasonable definiteness of the acts or practices alleged to
				be in violation of applicable law;
(3) Where practical, a form of order which
				the Department has reason to believe the Board should issue if the facts are as
				alleged in the Complaint; and,
(4)
				The date, time and place of the hearing, which shall not be less than thirty
				(30) days from the date of service of the notice.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-5 - Response to Notice

Current through 2024-29, July 17, 2024
Upon receipt of notice of hearing the Respondent shall file
				  an answer to the allegations contained in such notice not later than ten (10)
				  days prior to the date of hearing contained in the notice. The answer shall
				  contain:
A. Specific admission or
				denial of each fact alleged in the notice, or if the Respondent is without
				knowledge or information sufficient to form a belief as to the truth or falsity
				of an allegation, a statement to that effect; and
B. A concise statement of the facts
				constituting all grounds for defense.
Failure to answer or to respond to any factual allegations
				  shall be deemed as an admission of such facts.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-6 - Evidence

Current through 2024-29, July 17, 2024
A.
Admissibility.
Evidence which
				is relevant and material to the subject matter of the hearing and is of a type
				commonly relied upon by reasonably prudent men in the conduct of their affairs
				shall be admissible. Evidence which is irrelevant, immaterial or unduly
				repetitious shall be excluded. The Board and the Department's experience,
				technical competence and specialized knowledge may be utilized in the
				evaluation of all evidence submitted to the Board.
B.
Official Notice.
The Board
				may take official notice of any facts of which judicial notice could be taken,
				and in addition may take official notice of general, technical or scientific
				matters within its specialized knowledge and of statutes, regulations and
				nonconfidential agency records. Facts officially noticed shall be included and
				indicated as such in the record.
C.
Documentary and Real Evidence.
All documents, materials and
				objects offered as evidence shall be numbered or otherwise identified.
				Documentary evidence may be received in the form of copies or excerpts if the
				original is not readily available. All such evidence shall be made available
				during the course of the hearing for public examination. All such evidence will
				be available for public examination at the Department's office in Augusta
				during normal business hours.
D.
Official Record.
An official record or lack thereof may be
				evidenced in the manner provided by Rule 44 of the Maine Rules of Civil
				Procedure.
E.
Objections.
All objections to rulings of the Presiding Officer regarding evidence or
				procedure and the grounds therefore shall be timely made during the course of
				the hearing. If, during the course of or after the close of the hearing and
				during its deliberations the Board determines that the ruling of the Presiding
				Officer was in error, it may reopen the hearing or take such other action as it
				deems appropriate to correct such error.
F.
Offer of Proof.
An offer of
				proof may be made in connection with an objection to a ruling of the Presiding
				Officer excluding or rejecting any testimony or question on cross-examination.
				Such offer of proof shall consist of a statement of the substance of the
				preferred evidence or that which is expected to be proven by the answer of the
				witness.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-7 - Consent Order - Procedures

Current through 2024-29, July 17, 2024
A.
Request
				for Disposal of Proceedings by Consent Order - How Made.
At any time
				prior to ten (10) days before a scheduled hearing and subject to the provisions
				of subsection C (2), a Respondent may file with the Board a statement
				indicating his desire to dispose of the proceeding by the entry of a consent
				order. On receipt of such statement the Commissioner shall notify the Board and
				the Respondent that the hearing has been stayed.
Within thirty (30) days after receiving notice of such stay,
				  an executed agreement conforming to the requirements of this section shall be
				  submitted to the Board.
B.
Agreement - Contents.
Every agreement shall contain, in addition
				to an appropriate order, an admission of all jurisdictional facts and express
				waivers of further procedural steps before the Board, and of the Respondent's
				right to appeal. The agreement shall also contain provisions that it shall not
				become part of the official record unless and until it is accepted by the
				Board. In addition, the agreement may contain a statement that the signing
				thereof is for settlement purposes only and does not constitute an admission by
				any party that the law has been violated as alleged in the notice.
C.
Disposition of Proposed Agreement by
				Board.
Upon receiving such agreement the Board may:
(1) Accept it and issue the order agreed
				upon;
(2) Reject it, in which case
				the Board shall send a notice of rejection and an order that hearing be had at
				a date, place and time specified, not less than fifteen (15) days from the date
				of notice of rejection. The Respondent shall then file his answer within the
				period prescribed by section 40.5 and no other agreement may be presented to
				the Board; or
(3) Take such other
				action as it deems appropriate.
If no agreement is received by the Board within the 30-day
				  period prescribed by section 40.7 of this Regulation the Board shall proceed as
				  though such agreement had been presented and rejected.
The provisions of this Regulation shall not preclude
				  settlement of the proceedings in any other manner.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-8 - Action by Board when not in Session

Current through 2024-29, July 17, 2024
Whenever any action or order is required of the Board and the
				  Board is not in session, such actions or orders may be done by the
				  Commissioner, except that the Commissioner shall not take any action to dismiss
				  a hearing, accept or reject a proposed consent order, or otherwise dispose of
				  any action on the merits.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-9 - Record

Current through 2024-29, July 17, 2024
A full and complete record shall be kept of all proceedings.
				  The record shall include, but not be limited to, the notice of violation,
				  supporting documents, all exhibits, proposed findings of fact, and conclusions
				  of the presiding officer, if any, staff documents, respondents answer and
				  supporting documents, consent orders, if any, Board finding of facts and order,
				  and the recording or transcript of the proceedings.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-10 - Orders

Current through 2024-29, July 17, 2024
After consideration of the records or in the event of the
				  failure of the Respondent to answer as required in section 40.5 or to appear at
				  the hearing, the Board shall as soon as practicable make findings of fact and,
				  if it finds that a violation exists, issue an order aimed at ending such
				  violation. The order shall state the date upon which it becomes effective and
				  shall advise the party of his right to appeal under appropriate provisions of
				  the law. The findings and order shall be served upon the party as provided in
				  section 40.4(C). Except as otherwise provided by these regulations all other
				  orders and decisions of the Commissioner, Presiding Officer or Board shall be
				  served in the manner prescribed by section 40.12(B) herein.