Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission)
Chapter 5 - RULES FOR THE CONDUCT OF PUBLIC HEARINGS
Section 672-5-02 - GENERAL PROVISIONS

Universal Citation: 01 ME Code Rules ยง 672-5-02

Current through 2024-38, September 18, 2024

A. Consolidation of Proceedings

On motion and for good cause shown, or on its own initiative, the Commission may consolidate two or more proceedings if it finds that such action will be conducive to just and proper dispatch of its business and that opportunities for public participation will not be compromised.

B. Notice

Notice of all public hearings before the Commission must be in accordance with Chapter 4 of the Commission's rules.

C. Location and Attendance

1. Hearing Locations: All hearings of the Commission must be held in a location or through certain means, and at a time determined by the Commission to be appropriate when considering the needs, costs, safety, and convenience of the interested parties together with those of the Commission. To the extent practicable, hearings must be held at a location in close proximity to, or significantly affected by, the project or projects under review or which are concerned about the issue.

2. Attendance at Hearings: Attendance at a hearing must be in accordance with 12 M.R.S.§684.

D. Presiding Officer

1. Designation of Presiding Officer: The Presiding Officer at any hearing must be either:
a. The Chair, if present and willing to preside;

b. A Commissioner selected by those members present at the hearing; or

c. A qualified employee or representative of the Land Use Planning Commission, as designated by the Chair.

Unless otherwise determined by the Commission on a case by case basis, the Presiding Officer is presumed to be the Chair.

2. Authority of Presiding Officer: The Presiding Officer maintains the authority to:
a. Require and administer oaths or affirmations;

b. Rule upon issues of procedure and admissibility of evidence;

c. Regulate the course of the hearing, set the time and place of continued hearings, and fix the time for filing of evidence, briefs and other written submissions;

d. Certify questions to the Commission for its determination;

e. Take other actions, on behalf of the Commission consistent with these regulations and applicable statutes, as may be ordered by the Commission or that are necessary for the efficient and orderly conduct of the hearing;

f. To the extent permitted by law, where good cause appears, the Presiding Officer may permit deviation from the procedural rules of the Commission insofar as compliance therewith is found to be impractical or unnecessary and the change does not prejudice any of the parties; and

g. Issue conclusions and fact to be considered by the full Commission.

E. Ex parte Communications

1. Limitations of this section: This Section 5.02(E) applies to those public hearings concerned with applications for zone changes pursuant to 12 M.R.S. §685-A(7-A); permit applications pursuant to 12 M.R.S. §685-B; applications for a variance or issuance of special exception permit pursuant to 12 M.R.S. §685-A(10); and any public hearing in which the legal rights, duties, or privileges of specific persons are to be adjudicated.

2. Prohibitions on ex parte communications: After a decision by the Commission to conduct a public hearing, Commission members, and any Presiding Officer designated by the Commission, must not engage in any ex parte communication in connection with any issue of fact, law or procedure which is the subject of the hearing.

3. Allowable communications: However, Section 5.02(E) does not prohibit any Commission member or Presiding Officer from:
a. Communicating in any respect with other members of the Commission or other Presiding Officers; and

b. Having the aid and advice of members of the staff, counsel or consultants retained by the Commission; provided that, in adjudicatory proceedings subject to 5 M.R.S. Sections9051 et seq., this exception extends only to consultation with members of the staff, counsel or consultants who have not participated and will not participate in the proceeding in an advocate capacity.

4. Actions considered as ex parte communication: For purposes of Section 5.02(E), "ex parte communication" includes, but is not limited to, oral communication (other than public communication occurring upon notice to all parties and during a properly scheduled public hearing or meeting of the Commission) or any written communication (other than motions, prefiled testimony or other writings, copies of which are furnished or available, as required herein, to all other parties to the proceeding).

5. Disclosure of ex parte communication: In the case of an ex parte communication prohibited by this Section 5.02(E), the Commission member or Presiding Officer involved therein must disclose the nature and substance of the communication to the Commission members and parties to the proceeding, but will not be disqualified from voting in connection with the proceeding. The Commission may provide an opportunity to the other parties to the proceeding to respond to the matter communicated.

Such disclosure will be made part of the public record, but the substance of the ex parte communication will not form a basis for the decision of the Commission or Presiding Officer unless other parties to the proceeding have been given an opportunity to respond.

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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