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 672-5-10 - CLOSURE OF THE HEARING

Universal Citation: 01 ME Code Rules ยง 672-5-10

Current through 2024-38, September 18, 2024

A. Closure of the Hearing Record

Except as provided in Sections 5.07(B) and 5.10(D), of these rules, after final closure of the public hearing, including any period when the record remains open as provided in this section or as directed by the Presiding Officer, no further evidence will be allowed into the record.

B. Time Periods for Written Comments After the Conclusion of a Hearing

After the conclusion of a hearing the record will remain open for:

1. A period of 10 days for the purpose of allowing interested persons to file written statements with the Commission; and

2. A period of seven additional days for the purpose of allowing interested persons to file statements in rebuttal of those filed pursuant to Section 5.10(B)(1) above.

C. Reopening a Hearing Prior to a Decision

Prior to issuance of a final order or decision, the Commission or Presiding Officer may elect to reopen a hearing and extend the time period for public comment in compliance with Chapter 4 of the Commission's rules.

D. Reopening the Hearing after Decision on Applications for Permit or Zone Change

Within 30 days after the Commission has rendered a decision on an application following a hearing, any person aggrieved by such decision or order may petition the Commission to reopen the hearing for the purpose of introducing new evidence with regard to any provision of such order or decision. The petitioner must deliver or mail a copy of any such petition simultaneously to any other party to the proceeding. Upon receipt of such petition, the Commission will consider the offer of evidence contained therein and determine whether to dismiss the petition as offering no material evidence not already before the Commission or to reopen the hearing. Upon reopening the hearing, the Commission will amend its original order only if new evidence is presented to support such amendment. Failure to invoke the provisions of this section shall have no effect upon an aggrieved party's right of appeal to a court of law.

Within seven days of the filing of a petition to reopen hereunder, any other interested person may file an answer in opposition to the petition.

E. Final Closure

The date of final closure of the hearing record, including any extension of the open record or reopening of the hearing or record, constitutes final closure of the public hearing and the final date by which data, views or arguments may be submitted to the Commission for consideration in acting upon an application or in adopting the rule.

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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