02-031 C.M.R. ch. 350, § 9 - Public participation

Current through 2022-14, April 6, 2022

A. Intervenors. The provisions of 5 M.R.S.A. Section 9054 and 24-A M.R.S.A. Section 24-AM.R.S.A. Section 231(3) govern the admission and participation of intervenors in any adjudicatory proceeding before the Superintendent.
(1) Form of application. An application for intervenor status shall be made to the Superintendent in writing. An application for intervention as of right pursuant to 5 M.R.S.A. Section9054(1) shall contain a statement explaining how the applicant is or may be, or is a member or class which is or may be, substantially and directly affected by the proceeding, or identifying the applicant's status as an agency of federal, state or local government. An application for permissive intervention pursuant to 5 M.R.S.A. Section9054(2) shall contain a statement explaining the applicant's interest in the proceeding.
(2) Time for filing. An application for intervenor status may be filed at any time after the proceeding to which it relates is initiated, whether the proceeding is initiated by filing of an application with the Superintendent, by issuance of a notice of hearing or otherwise, but shall be filed within the time permitted for intervenor applications by an order of the Superintendent which is publicly noticed. Any person who applies for intervenor status after the deadline set by the Superintendent shall be permitted to intervene only upon a compelling demonstration of good cause.
B. Public Participation at Hearings. In addition to the participation of persons granted intervenor status, the Superintendent may provide a reasonable period of time for public comment during the course of a hearing which he deems to involve the determination of issues of substantial public interest. Persons making statements during the public comment portion of such a hearing who have not applied for and been granted intervenor status shall not have rights as a party to the proceeding. Such persons may either make an unsworn statement or testify under oath. Persons who present testimony under oath are subject to cross-examination by the parties. Only evidence presented during sworn testimony may be relied upon by the Superintendent.

Notes

02-031 C.M.R. ch. 350, § 9

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