01-001 C.M.R. ch. 565, § 11 - Appeals to the Nutrient Management Review Board

1. The decision of the Commissioner to deny a variance, to revoke a certification to prepare and approve NMPs, or to revoke a full or provisional LOP or a CMP, may be appealed to the Nutrient Management Review Board by filing a notice of appeal with the Board.

2. The notice of appeal must be in writing and must be received by the Board no later than thirty (30) days of receipt from the Commissioner of notice of the decision being appealed. The appeal notice must contain:

A. Reference to the decision that is being appealed;

B. The basis for making the appeal; and

C. Information that shows why the decision should be changed.

3. Public Hearing. Unless the right is waived by all parties to the appeal, a public hearing on the appeal shall be conducted by the Nutrient Management Review Board.

4. Public Hearing Process. The public hearing must be conducted in accordance with 5 M.R.S. Chapter 375, subchapter IV (Administrative Procedure Act).

5. Process for Making the Determination. The Nutrient Management Review Board shall make a determination on the appeal as expeditiously as possible and shall notify the person filing the appeal of the outcome in writing. In doing so, the Board shall consider whether the requirements of these Rules and the Nutrient Management Act have been met, may request such additional information as it deems necessary for the determination of the issue(s), and may affirm, overturn or alter the Commissioner's decision. The Board's decision shall be a final agency action.

(APA Office Note: the attachments are in a separate file.)

Notes

01-001 C.M.R. ch. 565, § 11