Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
026 - BOARD OF PESTICIDES CONTROL
Chapter 70 - ADJUDICATORY PROCEEDINGS
Section 026-70-12 - Intervention As of Right

A. Any person showing that he is or may be a member of a class which is or may be substantially and directly affected by the proceedings, or any other agency of federal, state or local government which is or may be substantially and directly affected, shall be allowed to intervene as a party to the proceedings.

B. Intervention; interested person. The Board may, by order, allow any other interested person to intervene and participate as a full or limited party to the proceeding. This subsection shall not be construed to limit public participation in the proceeding in any other capacity.

C. Application. Application for intervention shall be received by the Director no later than five days before the commencement of the hearing, except for good cause shown. The application shall state the interest of the person or class and the reason it wishes to intervene. A copy of the application shall be sent by regular mail to the person or persons whose legal rights, duties or privileges are at issue.

D. Decision. The Board shall either grant or deny the application at the time of the hearing, unless all parties agree to an earlier decision.

E. Participation limited or denied. When participation of any person is limited or denied, the Board shall include in the record an entry to that effect and the reasons therefor.

F. Consolidation of presentations. Where appropriate, the Board may require consolidation of presentations of evidence and argument by members of a class entitled to intervene under subsection (A) of these regulations, or by persons allowed to intervene under subsection (B).

G. Participation. The Board shall allow any of its staff to appear and participate in any adjudicatory proceeding.