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 672-5-16 - Testimony and Questions

Universal Citation: 01 ME Code Rules ยง 672-5-16

Current through 2024-38, September 18, 2024

(1) Hearings on permit applications or petitions for a change in district boundaries: In those hearings concerned with a permit application pursuant to 12 M.R.S.A. §685-B(4) or with a petition for variance or special exception pursuant to 12 M.R.S.A. §685-A(10) or with a petition for the change of land use district boundaries pursuant to 12 M.R.S.A. §685-A(7-A), testimony shall be offered as follows:

(a) Direct Testimony:

Direct Testimony shall be offered in the following order:

(i) The applicant or petitioner and such representatives and witnesses as he/she selects;

(ii) Governmental agencies and representatives thereof;

(iii) Intervenors; and

(iv) Other interested persons

The staff of the Commission and its representatives and consultants may offer testimony at any time.

(b) Cross-Examination and Questions

At the conclusion of the testimony of each witness, the Commissioners, staff and consultants, Federal and State and other governmental representatives, the applicant or petitioner, and intervenors shall have the right of oral cross-examination. Cross-examination shall be conducted in the following order:

(i) Commissioners, counsel, staff members and consultants may be permitted, by the Presiding Officer, to ask questions at any time;

(ii) The applicant or petitioner;

(iii) Intervenors;

(iv) Federal, State and other governmental representatives.

(c) Redirect and Rebuttal Evidence
(i) A person who has concluded his/her presentation cannot thereafter introduce further evidence except in rebuttal, unless by leave of the Presiding Officer. Rebuttal evidence shall be directed only to matters brought out by another person, except by leave of the Presiding Officer.

(ii) All parties shall have the right to redirect and re-cross-examination of any witness, unless otherwise directed by the Presiding Officer. Such re-examination shall be limited to matters brought out in the last examination by any other person, except by leave of the Presiding Officer.

(d) Varying Order of Appearance

When circumstances warrant, the Presiding Officer may vary the order in which witnesses appear and the order or manner in which testimony is given or witnesses cross-examined.

(2) All other hearings: In all other hearings, testimony may be offered first by the staff and then by any interested persons in such order and on such conditions as the Presiding Officer may designate.

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