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 672-5-25 - Ex parte Communications

Universal Citation: 01 ME Code Rules ยง 672-5-25

Current through 2024-38, September 18, 2024

(1) Limitations of this section: This section shall apply to those public hearings concerned with the adoption of district boundaries pursuant to 12 M.R.S.A. §685-A.(7-A); the amendment of district boundaries pursuant to 12 M.R.S.A. §685-A.(8-A); permit applications pursuant to 12 M.R.S.A. §685-B; petitions for the granting of a variance or issuance of special exception permit pursuant to 12 M.R.S.A. §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, no Commission member shall 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, this section shall not prohibit any Commission member from:

(a) Communicating in any respect with other members of the Commission or the Presiding Officer;

(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.A. Section 9051 et seq., this exception shall extend 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 this section, "ex parte communication" shall include, but not be 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, the Commission member or Presiding Officer involved therein shall disclose the nature and substance of the communication to the Commission members and parties to the proceeding, but he shall not be disqualified from voting in connection with the proceeding but the Commission may provide an opportunity to the other parties to the proceeding to respond to the matter communicated.

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

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