06-096 C.M.R. ch. 2, § 25 - Revocation or Suspension of a License

A. Authority. Notwithstanding 5 M.R.S. §10051, after written notice and opportunity for a hearing pursuant to 5 M.R.S. §§ 9051-9064, the Commissioner may revoke or suspend a license whenever the Commissioner finds that any of the criteria set forth in section 27 of this rule has been met. Additionally, the Board may modify a waste discharge license and the Commissioner may revoke or suspend a waste discharge license when the Board or Commissioner finds that any of the criteria in section 27 of this rule has been met.

B. Filing of Petition with the Commissioner. Any person may petition the Commissioner to initiate proceedings to revoke or suspend a license. The petition must state which of the criteria listed in section 27 of this rule is being invoked and must specifically describe the factual basis for the petition. The petitioner must serve a copy of the petition on the licensee at the time the petition is filed with the Commissioner. The petition, once filed, may not be supplemented. 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 21 days following receipt of the licensee's response to a petition to revoke or suspend a license, the Commissioner will dismiss the petition or initiate proceedings by providing the licensee with written notice and opportunity for a hearing. The written notice must state which of the criteria listed in section 27 of this rule is being considered and the factual basis for the Commissioner's decision to initiate proceedings.

C. Action Initiated by Commissioner. If the Commissioner decides on his or her own initiative to initiate proceedings to revoke or suspend a license, the Commissioner will provide the licensee with written notice and opportunity for hearing. The written notice will state which of the criteria listed in section 27 of this rule is being considered and the factual basis for the Commissioner's decision to initiate proceedings.

D. Hearing. The licensee must submit its request for a hearing within 15 days of the Commissioner's written notice of opportunity for a hearing. If the licensee requests a hearing, it will be held within 45 days of the request for hearing unless the Commissioner and the licensee agree to extend the time period. The procedure for hearings is governed by section 7 of this rule and the Department's rules pertaining to suspension, revocation, and modification proceedings. If the proceeding was initiated as a result of a petition, the petitioner is deemed to be a party to the hearing and need not petition to intervene.

E. Commissioner's Decision. Based on the administrative record, including evidence from the licensing proceeding and evidence developed during any hearing, the Commissioner may decide that no action is warranted or may make findings of fact that one or more of the criteria listed in section 27 of this rule has been met and revoke or suspend the license. The Commissioner's decision to revoke or suspend a license may include provisions requiring the licensee or former licensee to take action necessary to protect human health or the environment, including but not limited to remediation, monitoring, proper closure, decommissioning, or cessation of activity at any licensed facility or site.

F. Decision Discretionary. A decision by the Commissioner to dismiss a petition or to take no action at the conclusion of the proceedings is within the Commissioner's sole discretion and is not subject to Board or judicial review.

Notes

06-096 C.M.R. ch. 2, § 25