Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission)
Chapter 4 - Rules of Practice
Section 672-4-06 - HEARINGS

Universal Citation: 01 ME Code Rules ยง 672-4-06

Current through 2024-13, March 27, 2024

A. WHEN TO HOLD A HEARING

1. A person may prepare and submit evidence and argument to the Commission in support of a request to hold a hearing on any matter.

2. The Commission will consider all written requests for a hearing submitted in a timely manner.
a. Within 45 days after receipt of such request for a hearing, the Commission must either:
(1) Deny the request for a hearing and notify in writing the person requesting the hearing of the Commission's decision; or

(2) Grant the request for a hearing and initiate a hearing process in accordance with Commission rules, Chapter 4 and Chapter 5. The Commission must notify the persons requesting a hearing of the Commission's decision.

3. Hearing is Required

The Commission must conduct a hearing:

a. When required by the Constitution of Maine or statute;

b. If five or more interested persons request in writing that the Commission hold a hearing regarding a rulemaking, including without limitation, an application for zone change;

c. If a rulemaking proposal includes a rule or provision that is a major substantive rule as defined by 5 M.R.S. §8071(2)(B); or

e. If otherwise required pursuant to the Commission's rules.

4. The Commission must not amend or modify any permit unless it has afforded the permittee an opportunity for hearing, nor may it refuse to renew any permit unless it has afforded the permittee an opportunity for a hearing.

5. Hearing is Optional

Unless otherwise required by the Constitution of Maine, statute, or the Commission's rules, hearings are at the discretion of the Commission in the following cases:

a. Hearings on a permit application or a request for certification; and

b. Applications for zone change in the case of changes proposed on motion of the staff which involve only clerical corrections.

In determining whether a hearing is advisable, the Commission considers i) the degree of public interest; ii) the likelihood of credible conflicting technical information regarding applicable regulatory criteria; iii) whether certain information material to the Commission's review cannot be effectively presented as written comments on the pending application; or iv) any other considerations the Commission deems appropriate or compelling.

B. CANCELLATION OR CHANGE OF HEARING

1. All Commission Hearings

If a scheduled hearing is canceled or postponed to a later date, the Commission must provide timely notice to the persons described in Section 4.04(B). When hearings are continued, the Commission must provide such additional notice as it deems appropriate to inform the parties and interested persons, but the Commission may be entitled to continue a hearing to a later date and place as is announced at the hearing.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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