A.
Form of papers. A party must print all petitions, motions,
proposed findings, briefs, responses, pre-filed written testimony, and proposed
orders on 8.5-inch by 11-inch paper. The upper left side of the first page must
have a caption in capital letters identifying:
(1) the name of the Operator;
(2) the type of hearing (suspension or
revocation);
(3) the Certification
number issued by the Department, if applicable; and
(4) the location of the activity subject to
hearing, including the county and town.
The upper right side of the first page must identify the
party filing the document and the title of the document. The final page must be
dated and signed by, or on behalf of, the party filing the document and include
under the signature line that person's printed name, capacity, mailing address,
electronic mail address, and telephone number.
B.
Service list. The Presiding
Officer will maintain a service list with the contact information of the
individual designated by each party to receive service of papers and
communications on its behalf. Unless otherwise indicated in the first document
filed by any party in a proceeding, the name and mailing address of the
individual filing the first document will be used by the Department and all
parties for the purposes of document service. Any subsequent change of the
designated representative must be served on all parties by the party making the
change.
C.
Service on
parties. Unless the Presiding Officer provides otherwise, every document
or communication filed with the Department by a party or a state, federal,
municipal, or other governmental agency participating as intervenors must be
served upon all parties. Service is deemed complete when a filing is delivered:
(1) by U.S. mail, or electronic mail to the
party's designated representative; or
(2) by delivery in-hand to the party's
designated representative or to the office of the party's designated
representative.
D.
Filing with the Department. The original of all documents,
materials and other submissions must be filed with the Department by delivery
to the Maine Department of Environmental Protection, Office of the
Commissioner, 17 State House Station, Augusta, Maine 04333, unless otherwise
specified by the Presiding Officer.
Filing with the Department is complete when the Department
receives the submission by the close of business on the date due (5:00 p.m., as
determined by the received time stamp on the document, telefax, or electronic
mail), unless otherwise specified by the Presiding Officer, by:
(1) U.S. mail;
(2) in-hand delivery;
(3) telefax, only if followed by receipt of
an identical original physical document within five (5) working days;
or,
(4) electronic mail to the
address specified by the Department for receipt of filings in the adjudicatory
proceeding, with attachments supplied in a format showing a handwritten or
electronic signature acceptable to the Department, only if followed by receipt
of an identical original physical document within five (5) working days.
Persons filing materials with the Department are encouraged
to confirm receipt by the Department to avoid inadvertently missing a deadline.
Submissions not received by the Department by a prescribed deadline will be
deemed untimely, absent a showing of good cause. The risk of material not being
received in a timely manner is on the sender, regardless of the method
used.
E.
Computation of time. As used in this rule, "days" are calendar
days unless otherwise specified by the Presiding Officer. "Working days"
excludes Saturdays, Sundays, State holidays and any other day State offices are
closed for business. In computing any period of time prescribed or allowed by
this rule, the day of the act or event that starts the period is not included.
The last day of the period so computed is included unless it is not a working
day or the State office location at which the filing must be made is partially
or fully closed for business, in which event the period runs until the close of
business (5:00 p.m.) on the next full working day. Whenever a party has the
right or is required to take some action within a prescribed period of time
after the service of notice or other paper upon the party and the notice or
paper is provided by U.S. mail, three (3) days will be added to the prescribed
period. This "3-day rule" does not affect any date-certain deadline established
by the Presiding Officer.
F.
Documents issued by the Department. The Presiding Officer will
ensure that all orders, decisions and notices of hearings issued by the
Department are provided to parties and interested persons. Except for public
notices, or as otherwise stated in this rule or by order of the Presiding
Officer, these documents may be provided electronically.
