Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-26 - Modification of License or Order Prescribing Corrective Action

Current through 2024-29, July 17, 2024
A.
Authority.
At the request of
				the Commissioner and after written notice and opportunity for a hearing, the
				Board may modify in whole or in part any license, or may issue an order
				prescribing necessary corrective action, whenever the Board finds that any of
				the criteria set forth in section
				27 has been met.
B.
Filing of Petition with the
				Commissioner.
Any person may petition the Commissioner to recommend that
				the Board initiate proceedings to modify a license or prescribe corrective
				action on a license. The petition must state which of the criteria listed in
				section
				27 is being invoked, and must
				specifically describe the factual basis for the petition. The petitioner shall
				serve a copy of the petition on the licensee at the time the petition is filed
				with the Commissioner. The licensee's response to the petition must be filed
				within 30 days of the filing of the petition with the Commissioner unless the
				Commissioner, upon a request by the licensee and for good cause shown, extends
				that deadline. No later than 21days following receipt of the licensee's
				response to a petition to modify a license or prescribe corrective action on a
				license, the Commissioner shall dismiss the petition or recommend to the Board
				that it initiate proceedings to modify a license or prescribe corrective
				action.
C.
Recommendation
				Initiated by Commissioner.
The Commissioner may on his or her own motion
				recommend to the Board that it initiate proceedings to modify a license or
				prescribe corrective action.
D.
Content of Written Recommendation.
The Commissioner's
				recommendation to the Board shall state which of the criteria listed in section
				27 is being invoked and the factual
				basis for the Commissioner's recommendation to initiate proceedings to modify a
				license or prescribe corrective action. The Commissioner shall provide the
				licensee with a copy of the written recommendation.
E.
Board Consideration of
				Recommendation.
The Board shall consider the Commissioner's
				recommendation at a regular Board meeting. After hearing from the Commissioner
				and the licensee, the Board shall decide whether to initiate proceedings to
				modify a license or prescribe corrective action. If the Board decides to
				initiate proceedings, the licensee shall be provided with written notice and
				opportunity for a hearing. The written notice shall state which of the criteria
				listed in section
				27 is being invoked and the factual
				basis for the Board's decision to initiate proceedings.
F.
Hearing.
The licensee must
				request a hearing within 15 days of the Board's written notice of opportunity
				for a hearing. If the licensee requests a hearing, it shall be held within 30
				days of the request for hearing unless the Board and the licensee agree to
				another time. The procedure for hearings is governed by section
				7(C). If the
				Commissioner's recommendation to initiate proceedings was the result of a
				petition, the petitioner is deemed to be a party to the hearing and need not
				petition to intervene.
G.
Board's Decision.
Based on the administrative record, including
				evidence developed during any hearing, the Board may decide that no action is
				warranted or may make findings of fact and modify in whole or in part any
				license, or issue an order prescribing necessary corrective action.
H.
Decision Discretionary.
A
				decision by the Commissioner to dismiss a petition, or a decision by the Board
				not to initiate proceedings or to take no action at the conclusion of the
				proceedings, is within the Commissioner's or Board's sole discretion and is not
				subject to judicial review.