06-096 C.M.R. ch. 2, § 7 - Hearings

A. Conduct of Hearings. Hearings conducted pursuant to this rule are held in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §§ 8001-11008 and any applicable rules administered by the Department.

B. Request for a Hearing on a License Application. The Department will provide an opportunity for the applicant or any person to request a hearing with respect to any application or appeal. A hearing is an opportunity for an applicant, an appellant, any intervenors, and members of the public to provide testimony under oath and for witnesses to be cross-examined on the substance of their testimony. A request for a hearing on an application must be received by the Department, in writing, no later than 20 days after the application is accepted as complete for processing. The request must indicate the interest of the person filing the request and specify the reasons why a hearing is warranted.

C. Criteria for Holding Hearings. Hearings are discretionary unless otherwise provided by law. The Commissioner may conduct a hearing on any application. The Board may conduct a hearing on any application over which it has assumed jurisdiction or on any appeal of a Commissioner license decision. The Department will hold a hearing in those instances where the Department determines there is credible conflicting technical information regarding a licensing criterion and it is likely that a hearing will assist the Department in understanding the evidence. When the Board assumes jurisdiction over an application, it will hold a hearing unless it votes otherwise at the time it assumes jurisdiction.

D. Timing and Notification of Decision. The Department will decide, as expeditiously as possible following acceptance of an application as complete for processing or the timely receipt of a request for a hearing, whether to hold a hearing. Within five days of the Department's decision whether to hold a hearing, the Department will notify the person who requested a hearing, the applicant, and any person whose legal rights, duties or privileges are at issue of the decision. Hearings will be scheduled as expeditiously as possible following a decision to hold one. Upon determining that a hearing will be held, the Department will also establish a date by which a person seeking participation in the hearing must file with the Department a petition to intervene.

Notes

06-096 C.M.R. ch. 2, § 7