5 M.R.S.A. Section
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
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
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.